Law Magazine

DICTUM Issue 2 January 2011

The Student Magazine of London Metropolitan University Faculty of Law, Governance and International Relations

Tim Kevan writes

SU President talks to Dictum

Maurice Glasman

Nigel Toft writes about the

about BabyBarista

on becoming Lord

World Heritage Convention

Training Contract Applications: Peter Lampier tells about Secrets revealed

The Life of a City Lawyer

Owsun Abebrese Opens up

PLUS

Agony Aunt Rantings of a Madman Photos from LGIR Graduation 2010 and Mansfield Society Ball

Editor’s Note

Contents

2010

has gone so quick. We all have surpassed another term which meant another step closer to our dreams. The past year was full of turmoil and uncertainty. We have witnessed the birth of a new coalition government, a drastic change in our education system and controversial decisions by the judiciary.

The new start of a new term means another issue of Dictum.

It is packed with legal knowledge, tips and advices that will help you on your studies and careers. In this issue, we have also covered Politics and International Relations as we believe that learning law should be supplemented with national and international current events and political awareness.

We are proud to have Tim Kevan who is known for his masterpieces of legal novels who wrote about why there is life outside the box of law. It is also our pleasure to bring you the reality of the life as a city solicitor as shared by our very own Peter Lampier who has worked at the city giant Freshfields.

Brace yourselves as Nigel Toft takes you to some of the world’s awe-inspiring sites with his article about the World Heritage Convention. Not only that, we are honoured to have interviewed Dr Maurice Glasman who will be soon elevated to the House of Lords, Owsun Abebrese whose journey to where he is now is more than inspirational and getting up close and personal with the SU president Yeashir Ahmed.

Inside, you will also find recently decided cases and secrets revealed that will hopefully help you secure a vacation scheme and a Training contract. For those who are eyeing to work in the city, our Careers Editor tells you the right way to penetrate the Magic Circle firms. These and a lot more!

Remember, this is YOUR magazine. We encourage you to read and send us any comments, suggestions or feedback as to how we can make Dictum better. I hope that you will do all the best you can in your exams and that you will find this magazine helpful.

You can also visit our website at http://www.dictumlawmagazine.com/ for your daily dose of relevant information.

We, the current team at Dictum will be doing a special farewell summer issue this April with loads of surprises! So watch out for it!

07 From Babybarista to Book Deal

Tim Kevan tells us how he came to write a novel for Harry Potter’s publisher

10 The Europeanisation of Civil & Common Law The Common and Civil Law in the context of Globalisation

12 Inside the Mind of the SU President Dictum Chief Editor talks to Yeashir Ahmed

14 Lord Glasman: The Heart & Faith of Citizenship

Lord Glasman talks to Dictum about his peerage, Blue Labour and why he is proud of London Met

16 Freshfields and Pastures New Peter Lampier paints some pictures of life as a City lawyer

18 Legal Aid and Cuts: What’s Next?

A closer look at the effects of cuts on legal aid

21 Penetrating the Magic Circle

How to secure a training contract with one of the elite London based law firms

24 Why Study IR and Law? Studying the best of both worlds

26 The World Heritage Convention An Effective Instrument in International Law

Kristoffer James M. Canlas Chief Editor

A message from the London MetSU President Welcome to the second issue of Dictum!

I would like to congratulate this dynamic team behind Dictum for once again doing a great job. It is such an honour to be given the opportunity to write this welcome note.

The past year has seen us facing a major difficulty which has shaken the very core of our education system. But it is things like Dictum, something which our students have worked hard for, gives us the feeling that we are fighting for something. That is why having students like the team behind Dictum law magazine, who give us something to read about to draw information and inspiration from is something we all need to be grateful for.

As your students’ union president, I am pleased to see that students of London Metropolitan University are not just academically competent, but also creative enough to showcase their writing skills and express their thoughts through other means. Dictum is here to help you with your studies and careers. It is also a great way to bond and unite the faculty through reading and writing. You, as students should make use of this in order for you to maximise your experience in the university.

The students’ union is very proud to have students who are keen in engaging in a collective fruition such as this.

This, I believe is the real essence of student spirit.

I am hopeful that Dictum law magazine gets the attention, readership and funding it needs to go on making more future issues and I do enjoin each department of this university to do the same.

Thank you and Good luck!

Yeashir Ahmed London Metropolitan University Students’ Union President 2010-2011

www.dictumlawmagazine.com

Dictum January 2011

| 03

Editorial Column

Straight from the Briefcase Chief Editor Kristoffer James M. Canlas, gives his view on the reality of the cuts and lessons learned from the student protests

Changing Tides

A new ideology of students

The drastic cuts came pouring in. We have been warned. From the controversial education cuts to NHS cuts, everyone felt it.

The legal sector, too, was not spared. The effects of the cuts came after the government has cut funding for Legal Aid to up to £350 million. What does this mean to the public and to you as a future lawyer?

Perhaps the answers are blatantly obvious.

Fewer people from poorer backgrounds will find it very difficult to access justice. The government does not want to finance legal proceedings and this means that small law firms who breathe out of legal aid will immensely suffer. Also, what had happened during the recession will likely repeat itself.

Fewer Training Contract places and fewer firms offering vacation schemes mean less opportunity for us incoming graduates.

Much has been said over the past month when thousands of students stormed the streets of London to oppose the cuts laid down by the coalition government. Such to the disappointment of the students, we saw what could be one of the largest protests in the country since the “Stop the War Protest” in 2003. Yes, with our own students’ union, I was one of the thousands of students who went to protest.

As the country bleeds from the aftermath of the cuts and will continue to be ravaged by future irrational decisions by the government, it has become clear that the legal market will see a radical change where employers will try to limit their sources in order to meet the demands of the clients in this very risky market.

It has always been said that for every door that closes, a window will open. When nothing seems right, turn left! There you will find that the doors of volunteering sector are widely open, although the voluntary sector too has been cut by the coalition government’s “big society” idea. As Dame Suzi Leather- the chair of the Charity Commission- said “Cutting funding to charities that were providing key public services would be short sighted.” However, this should not put you off. Despite the fact that city firms may tighten their recruitment, many high street law firms are opting to hiring students who are willing to do the job without pay. This is a great opportunity for you to take. No matter how deep the wound of the cuts is, to equip yourself with every legal experience will benefit you in the long run. What you need to do as a student, in this sudden change of tide is to ride it or surf with it and actively do your part.

04 |

Dictum January 2011

Together with more than 50,000 students from across the country, I braved the freezing weather on the day touted as the “Demolition” which was jointly organised by the NUS and UCU. It started as a peaceful and effective protest; however, one of the most disturbing aspects of it is the clear hijacking of the protest by few minorities who seem to have another agenda and who by the way are not even students but are anarchists themselves. What for me is infuriating to hear is when people say “Bloody protesters! Stop sucking from the tax payer’s money to fund your booze and learn to earn your degrees.” They say it is right to judge students as thugs, I say, judge the government first whether it is right to jeopardise children’s’ futures.

Although I, in my own capacity, do not condone the violence, it is but right to say that there is a clear borderline between radicalism and being abusive of that right to protest. The question posed by many: Can one justify the violence erupted out of those protests?

When all has been said, the cold hard truth is still there: that no political party has stood up for students. Nobody properly and firmly argued that students should get a better deal and put the real case for education being a public merit.

What we, the students have shown including those school pupils who have been abysmally “kettled” by the police during the subsequent protests is that we are no longer that post-ideological generation of today. It is now not just about Facebook or Twitter or computer games but that ideology which was just formerly associated with politicians before can now be associated with us as well. Most of us went there without the political knowledge or economic background and never been in a protest before. But we share a common thing: the belief that we are no longer the generation who doesn’t care, that we are no longer that generation where we sit back and prepare to take whatever they give us, but we are the generation who believes that we are this country’s future, our country’s future.

Six months, one year, ten years, twenty years or fifty years, the day after tomorrow will come where you sit back and reflect upon what you have done in your life. Me? All I know is that we made history. With great pride and honour I can say: “I was there.”

We may all have different views on the matter. Some of the thoughts by the general public were disturbing, owing to the fact that these beliefs have been fuelled by the media. We learned a lot from the protest, that police officers who you speak to at the end of the other line whenever there is burglary or accident, are not that very friendly after all. We learned that the media who we believed only provides balanced views were seemingly biased after all. Even I, as a student journalist myself, could not comprehend the thought of having a headline on the lines of “Student Protest: A new generation of thugs” is better than “50,000 students marched with one voice against cuts”.

www.dictumlawmagazine.com

Editorial Column

Put the Kettle on!

Is it really fair to kettle the innocent peaceful masses in with the violent few? Does that not just anger the peaceful? Associate Editor, Gordon Nixon questions

L

ike all of you reading this, I have been following the tuition fee protests very closely.

Although not able to go to some due to work commitments, I have publicly supported the protests and had many debates with non supporters. This right to protest, was enshrined in the European Convention of Human Rights (ECHR)under Article 11:

“Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests” So, I watched with horror as I saw countless protestors and journalists kettled by police, as I have seen on so many other protests. For those of you who don’t know; ‘kettling’ (or ‘containment’ as the police call it) happens when police encircle a group of protestors and hold them there for several hours. The idea of a ‘kettle’ is to contain a crowd, to prevent them causing any offences and calming them down.

However, this goes against social norms and protest dynamics. Humans, like animals when caged, become not only very agitated and angry but also have a tendency to fight back.

But what about the legality of kettling?

Can it really be legal to detain people without charge and for several hours, outside, exposed to the elements without access to food, water or toilet facilities? Is that really legal?

What ever happened to Article 5(1) of the ECHR:

“No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law.”

A Court of Appeal ruling in Austin (FC) & another v Commissioner of Police of the Metropolis 2009 UKHL 5 said it is. Here the court said it was necessary to strike a balance between the deprivation of liberty and the restriction of movement, also saying that the situation was highly fact sensitive.

This last point suggests that other kettling cases could be decided differently.

Ms Austin has now taken her case to the European Court of Human Rights and we can but wait.

In the mean time, Public Interest Lawyers of Birmingham who are representing 5 protestors kettled in sub zero temperatures, are taking a case to the High Court. They allege breaches of Articles 5, 10 and 11 ECHR whilst at the same time raising the question of why this practice seems to have become the norm.

It may be a long time before kettling is ruled illegal by the European Court of Human Rights, but surely until then, is it not a good idea to regulate the police power of containment?

In recent months we have seen people as young as 14 being kettled in sub zero temperatures for hours on end with no food or water. We have seen footage of horses charging at protestors in kettles when they have nowhere to run and most recently we have seen the photographs on Westminster Bridge with hundreds of protestors crushed so tightly together that they feared being pushed into the river below.

Maybe it is time that the police had restrictions on how long they can keep kettles in operation, making it mandatory to provide drinking water and to limit how many people can be kettled; if for no other reason than human safety.

This is a very emotive topic and I welcome all comments from the students and the faculty. Please email me and I will respond. I will also quite happily hold a debate night around protesting and the specific issue of kettling if there is enough interest.

Is it really fair to kettle the innocent peaceful masses in with the violent few? Does that not just anger the peaceful?

The night of the vote to raise fees ended with a kettle on Westminster Bridge which a doctor at the scene compared to the Hillsborough disaster in 1989 in which 96 football fans lost their lives.

Although no one died that night (despite one policeman and one protestor being left in critical condition), several were left with crush injuries after being kettled in such a small area. Many reported in The Observer that they feared being pushed off the bridge into the Thames due to the amount of people in such a small space.

www.dictumlawmagazine.com

Dictum January 2011

| 05

Editorial Column

Tweeting: the next step in justice Why tweeting went from a “no-no” to “yes please” in court proceedings, Steven Robinson, Associate Editor, reports

A

s law students, we are often faced with the question of where to find the latest “allimportant” news from court proceedings.

The weekly law reports? The broadsheet newspaper? Even right here in Dictum?

Well, for the future, it may well be on social networking sites like Twitter after a controversial ruling on the 20th of December 2010.

Lord Judge, the Lord Chief Justice, has given “interim” guidance over the use of the global phenomenon, micro-blogging site Twitter and all other electronic text devices, in regards to it being used in courtrooms.

The announcement came in the wake of the hugely popular court hearing against WikiLeaks founder, Julian Assange, during which journalists were banned from posting Twitter updates from court while a High Court decided if Assange was to be granted bail or not.

Mr Justice Ouseley, who went on to give Mr Assange conditional bail that day, ruled at the start of the proceedings that supporters and journalists should not send Tweets to give a “blow-by-blow” account of what was happening.

It was also suggested he banned ‘Tweeting’ as it was a disturbance in the courtroom. However many journalists and members of the public have stated that a courtroom is often a very noisy place and ‘Tweeting’ was a minimal disturbance in comparison to other noises.

In his opinion, journalists should be able to send messages as long as they were discreet and did not interfere with the judicial process.

Considering photography, drawing and voice or video recordings are banned from British courtrooms, it seemed unlikely that Tweeting would be allowed, however in a judicial breakthrough, Twitter and Tweeting by journalists will be allowed from courtrooms since the 20th of December.

The use of Twitter, could however be banned from criminal trials when the decision will be based on the risk of interference to the “proper administration of justice”.

The highest risk posed is during criminal trials where witnesses outside the courtroom could find out what is being said inside the courtroom in advance of being called to give evidence.

He said: “The judge has an overriding responsibility to ensure that proceedings are conducted consistently with the proper administration of justice, and so as to avoid any improper interference with its processes.”

It has been reported that journalists will be able to Tweet in other court proceedings at the discretion of the judge leading the hearing as long as it does not interfere with the formal legal proceedings.

So, next time your revising for an exam or coursework, or even looking to advise someone, don’t forget to have a look on Twitter first, but remember to check its reliability, you’d hate to mistakenly put some tweeter sarcastic comment in by mistake, and

don’t forget to follow us on Twitter @DictumLmet

Lord Chief Justice Lord Judge also added that the use of Twitter in courts may be limited to journalists, rather than members of the public, so as to stop large numbers of mobile phones interfering with the court’s sound recording equipment and to prevent other distractions.

However, at an earlier bail hearing, District Judge Howard Riddle had allowed Tweeting from City of Westminster Magistrates’ Court, which some onlookers proclaimed as a legal first.

06 |

Dictum January 2011

www.dictumlawmagazine.com

Guest Column

From BabyBarista to Book Deal us how he came to write a TIM KEVAN tells novel for Harry Potter’s publisher

B

ack in 2007 I had been practising as a barrister at what is now Temple Garden Chambers for some nine years and was enjoying the life of a London barrister. But I’d always dreamt of living by the sea and the surf and maybe even writing a novel. I just couldn’t quite see how it could be done. At that time I’d just finished co-writing a motivational book entitled Why Lawyers Should Surf with Dr Michelle Tempest, a book which encourages people to look for inspiration outside of law and used surfing and the power of the ocean as metaphors for living the day to day. Next I wanted to sit down and write a legal thriller. But instead what popped out was a legal comedy about a fictional young barrister doing pupillage. I called him BabyBarista which was a play on words based on his first impression being that his coffee-making skills were probably as important to that year as any forensic legal abilities he may have. It’s a strange thing to say but I discovered that this bold, irreverent and mischievous voice along with a collection of colourful characters had simply jumped into my head and the words started pouring onto the page.

I wrote it as a blog and was hopeful it might raise a few smiles but in my wildest dreams I hadn’t imagined quite the extraordinary set of circumstances which then unfolded. First The Lawyer Magazine commented “If this is a fictional account it is genius”. In the meantime, The Times offered to host the blog and I also got offered a book deal with Bloomsbury Publishing of Harry Potter fame - all within the space of less than three months. Since then I’ve finally taken a break from the Bar and moved to North Devon where I’ve been writing and surfing.

The blog now has its own site at www.babybarista.com as well as partnering with The Guardian.

In addition, the first book of the BabyBarista Files entitled Law and Disorder is now out and was described by broadcaster Jeremy Vine as “a wonderful, racing read - well-drawn, smartly plotted and laugh out loud” and by The Times as “a cross between The Talented Mr Ripley, Rumpole and Bridget Jones’s Diary”.

It centres around BabyB’s first year in chambers where he is fighting his fellow pupils for the coveted prize of a permanent tenancy. It’s a fictional caricature of life at the Bar and includes characters that probably exist in most workplaces such as UpTights, OldRuin, BusyBody, Worrier and even JudgeJewellery and her penchant for stealing cheap jewellery. Alongside the pupillage race is an altogether different battle with BabyB’s corrupt pupilmaster TheBoss whose dishonest fiddling of chambers’ records to avoid a negligence action all starts to unravel and threatens to embroil BabyB’s entire career.

I have just recently finished the sequel which is entitled Law and Peace and will be published in May 2011. This follows BabyBarista’s second year in chambers in which as the newest tenant in chambers, he must face down old enemies, try to win compensation for a group of ASBOattracting pensioners and unravel the complicated knots of his love life - not to mention his mother’s finances. Under the wise and watchful eye of OldRuin, he tries to keep his nose (and his wig) clean, but when SlipperySlope, an unscrupulous solicitor offers him a quick way out of his financial difficulties he soon becomes embroiled in blackmail, dodgy share-dealing and the dark arts of litigation. With his old adversary TopFirst out for revenge and the chance to be awarded a coveted ‘red bag’ at stake, BabyB has to use all the tricks of his trade to extricate himself from his legal quagmire, win the case for his mad old clients, and somehow convince his best friend to fall in love with him.

The first provides free legal email newsletters (www.lawbriefupdate.com) as well as a subscription law journal and the other provides online CPD training for personal injury and employment lawyers through video seminars or webinars (www.cpdwebinars.com). These have helped to supplement the income from writing and therefore to make the move to the West Country a lot easier. Ultimately though I intend to return to the Bar part-time and based in Devon though hopefully through my chambers in London.

It’s all been quite eventful and has put me in a dramatically different position to where I was only three or four years ago. Most of all it has allowed me to return to the much simpler country way of life that I had known as a child, complete with a little border terrier dog as well as being able to get out into the surf whenever there is swell and properly to settle into the local community.

One thing I guess it all shows is that there’s life outside of a traditional law career. However, I still intend to return to practise at the Bar at some time in the future, part-time and based in Devon though hopefully through my old chambers in London. For those of you who are looking towards a career in the law yourselves, in my view the shake-up of legal services means that it’s an exciting time in that respect. Change often means uncertainty and risk and so can make many nervous, particularly when it’s coupled with the cuts to public funding which are currently going on. However, whether it’s as a career as either a barrister or a solicitor in my view the changes which are being introduced and those which may follow within the industry will provide some exciting opportunities in the years to come.

Tim Kevan is the author of ‘Law and Disorder’ published by Bloomsbury and available at www.amazon.co.uk where the sequel ‘Law and Peace’ is also available for pre-order. For more information visit www.timkevan.com and http://timkevan.blogspot.com.

Alongside the writing I also continued to run a couple of legal businesses I had co-founded.

www.dictumlawmagazine.com

Dictum January 2011

| 07

Features/LGIR Graduation Ceremonies 2010

LGIR Graduation Ceremony 11th of December 2010 “Carpe Diem”- and as the famous old Latin saying goes, the graduates of the Faculty of Law, Governance and International Relations seized their special day last 11 December 2010, wearing huge smiles with pride as they took their walks in the very halls of the renowned Barbican Centre.

The ceremony was filled with excited and happy graduates and proud parents. But all became a sigh of relief after all the years of their hard work were acknowledged during the ceremony.

Among those present were some members of the Board of Governors and members of the teaching staff. The ceremony was ended by a concluding speech from the Students’ Union president Yeashir Ahmed, with final words: “Don’t let success reach you, reach for it!”

08 |

Dictum January 2011

www.dictumlawmagazine.com

Mansfield Law Society Annual Ball 2010 / Mansfield Law Society

Features

11 December 2010- It was a night of glitz and glamour when law students wore their dinner suits and ball gowns and temporarily set aside their thick law books in the Annual Mansfield Law Society Ball held at the Hilton Hotel Paddington, London.

This year’s theme was “Winter Wonderland” and the event did not disappoint.

With snowman, balloons, candles and velvety white table cloth, students and guests were treated in a splendid wintry ambiance.

A speech was delivered by the society’s patron Lord Walker of Gestingthorpe which has become a tradition over the years. Students found his Lordship’s speech as ‘thought-provoking’.

Before the event ended, students and lecturers alike showed their moves on the dance floor to the tunes ranging from contemporary club hits, RnB and Hip Hop. The Mansfield Law Society was established in 1948 by the late Professor Clive Schmitthoff, and has been presided over by a series of great legal identities including Lord Denning of Whitechurch, Lord Oliver of Aylmerton and Lord Steyn, Lord of Appeal.

The main focus of the Society is to provide extra curricular activity for students for their intellectual development on law and law-related topics that are outside, but related to, the standard curriculum. It also provides a social focus for law students to familiarise themselves with one another.

www.dictumlawmagazine.com

Dictum January 2011

| 09

Features

The ‘Europeanisation’ of Civil Law and Common Law The Common and Civil Law in the context of Globalisation argues Jasmin Atrafshan, LLB Student

T

his article aims to provide a basic understanding between the difference of the common and the civil law jurisdiction, which are both dominating the world of western countries. Even though there are substantial differences between the two legal systems, both jurisdictions compulsorily become more similar in times of increasing globalisation. The main question which shall be dealt with is whether there are in fact, in Europe, factors pointing towards national legal institutions being governed by the legal system of the other, and whether consequently and based on the human need for simplicity, there is a realistic chance of a unified legal system among European Member States to become created under the hands of the European Union.

To begin with a basic comparison of both legal systems, the continental European legal system which is commonly referred to as “Civil Law” is the oldest and the most widespread legal system in the world.

The central attribute attached to it is the precedence of codified bodies of general abstract principles which control the exercise of judicial discretion as source of law.

Courts have to comply with the words of the statutes and the will of the legislator and it is the legislative which is regarded as the only source of law.

In contrast to the civil law, the common law did not evolve as a consequence of statecreated law, but out of the reasoning of the courts. It deals with the law which has been developed through steady practice by the courts, which is why it is commonly referred to as “Case Law”. The decision of any higher court creates precedence over single cases which the lower courts have to follow. The common law is less based on statute law.

The reason for this is that the common law is coined by the ideology that “men have to be governed by law and not by men.”

10 |

Dictum January 2011

However, it has been argued that “the differences between the civil and the common law are becoming blurred or hazy”, especially with regard to globalisation as a compelling harmonisation factor. The European Union is the best example to illustrate this - “It employs the technique of unification to harmonise laws across member states, a technique which relies on treaties, conventions and legislation.”

Another factor pointing to harmonisation is the “increasing acknowledgment on the part of the common law judges that they make the law rather than blindly adhere to precedent.”

There is also some consensus found on the fact that “while their legal rules and contexts may differ, both systems produce similar outcomes, thus illustrating that they are not irreconcilable.”

Finally, it may be held that human rights law has been harmonised due to its widespread acceptance throughout European countries and the use of general principles in both systems.

These factors are surely pointing towards a possible merger between the two legal systems, however there are some other authors claiming that there is no similarity in the substance of the two legal systems

Finally, it was argued that even if there is similarity among some the two legal systems in some legal areas, there are still areas which are not going to be approached by the civil law or the common law practitioner, for example, “When a civil law practitioner speaks of ‘contract’, this concept does not neatly correspond to the common law practitioner’s notion of ‘contract.’ Contrary to the civil law, contracts in the common law require consideration, thus excluding bailment’s and gifts from the scope of its law of contract.”

The aspects mentioned above demonstrate that all Members States have been influenced by the mixture of EU legislature, especially with regard to common law countries, which have been ´forced´ to implement legal notions of the civil law tradition (one may think of Treaties, Regulations and Directives). While some writers argue that there is a real chance of merging both legal systems in the future, there are still “key features of the common law, including its basic structure the role of legislation and precedent, its mode of reasoning and, most importantly, its underlying assumptions, which have remained intact despite peripheral changes.” Thus a ´Europeanisation´ of the two legal systems appears unlikely in the near future.

Concerning the idea of globalisation and integration it was pointed out that “the harmonisation of European law is patchy at best since EU laws often only require ‘partial harmonisation’ and the European legal system merely exists alongside the national legal systems”.

Furthermore, the argument of judges making more law than using precedent has been dismissed on the ground that “case law is still an authoritative source of law for the interpretation of statute law.”

www.dictumlawmagazine.com

Features

British Politics

In the eyes of an American Megan Elizabeth Warren, Peace and Conflict Studies student

W

Historically, reform is hard because of the economic strain between government spending and jobs in the public sector. With announcements of layoffs, for hundreds of London Underground workers the reform seems sure to slim government spending; but what about the risk of rising unemployment and a double-dip recession? Only time will tell, but the recession does not seem to On the 22nd of November 2010, the government released a spending review that be recovering as quickly as predicted earlier this year. listed several main goals for the coalition.

One thing they talked about is reforming So why must the government cut back public services, and shifting power away from the central government to the local lev- spending? The answer is: the rising national els of government. Theoretically this should debt. Last year alone the government borrowed one pound for every four pounds it give communities the choice of what is an spent and each year the interest payments important public service based on their on this debt are more than the budget for area; however with the economic problems schools in England. The government could and the rising national debt what can the raise taxes in an effort to continue all of localities really expect to achieve? Many its current spending, but this would make questions are going to remain unanswered people less likely to put money back into the until the government announces further economy during a recession and businesses details in a White Paper in early 2011. would feel strain and be forced to lay people off. ith the elections just past, the new coalition government is starting to roll out the changes. The most discussed are the funding cuts to limit government spending.

But what is the government really trying to do and what are the complications with tightening the budget?

The government is hauling the ideas of growth, fairness and reform as central to lifting the UK out of the recession. But when will citizens be able to see the ‘growth’? In a year, three years, ten? It’s possible there is no quick fix to our financial predicament, but how many times are we going to hear that the growth may not be as high as previously predicted?

What is fair? How does the government determine what is fair? Many students have protested against the rise in University tuition fees, stating it is unfair.

Many Underground workers have gone on strike about the announcement of job cuts, because it is unfair as well as a safety hazard. Announcements of stricter regulation on unemployment benefits have also met with criticism. But the truth is if the government wants to cut government spending in order to improve the economy, the money has to come from somewhere. The big question is where should the government take money from? Regardless of where it comes from people are going to lose jobs.

Religion and International Relations International Law and International Politics student Marie- Grace De Jesus finds the common thread

23/12/10- Hamburg. It is one day before

Christmas Eve. Today’s headline: Bombs exploded at Rome embassies. The first thought that comes into many people’s mind: Was Al-Qaeda involved? Was it another act of terrorism in the Christians v Muslims conflict?

International Relations theorists argue that religion’s role in international relations increased in the last decade. Just five years ago the Danish newspaper “Jyllands-Posten” published caricatures of Mohammed which caused protests all over the world. During these protests 150 people died. Now one may argue that this points out rather the power of media than the religion. However, religion may not gain more economic power or hard power but it is often used to excuse actions not only by terrorists but also by politicians and governments. In World War 1, World War 2 and the Cold War the role of religion decreased but increased again after 9/11.

Nevertheless, religion is not only a motive for conflict but also for peace-building. Most leaders of religion promote understanding and respecting other religions. Furthermore many non-governmental organisations are based on religion or religious values.

www.dictumlawmagazine.com

London Metropolitan University is proud to have Professor Jeff Haynes, an internationally recognised authority in the field of International Relations and Religion. He gave an informative speech on the topic of religion and international relations on the 16th of November 2010 organised by the Model United Nations society. He showed a graphic with conflicts where religion was the main motive. Before 9/11 there have been several conflicts based on religious differences but those were regional conflicts such as in Ireland. Comparing this to IsraelPalestine conflict it takes place in a certain region but involves more actors and governments. Thus, one might argue that this is an impact of globalisation. Nonetheless, regional conflicts based on religion are not only matters between nation-states anymore but global issues.

Whether Al-Qaeda was involved or not in the explosions of Rome’s embassies is an unanswered question. But what is obvious is the modified meaning of religion in international relations.

Dictum January 2011

| 11

Student Union Page

Inside the mind of the Student Union president Dictum Chief Editor talks to Yeashir Ahmed

Y

eashir arrived a few minutes late than our agreed time. But when he arrived, he still has that composure of authority and coolness without any trace of façade. Wearing his suit, you would not even think that outside office hours, he is an entirely different character. When he speaks in front of a crowd, he always delivers. His voice is that of a general who can command a thousand soldiers with ease. Being the students’ union president for the last two years, he has learned so many things from meeting students from all walks of life.

Sitting in his office, he was as natural as someone who is just having an afternoon tea. The first question was an easy one. I asked him to sum up the atmosphere at the SU in the past couple of months. His response was rather unsurprising; he said “The SU in the past two months involved many activities. We had the national demo which was jointly organised by the NUS and UCU. We fronted the campaign here in London when out of the hundreds of universities in the country, we were the only one who organised a kick-off party which was attended by students, staff and representatives from the NUS.” Like every other SU office in the country, their office has been very busy with regular contacts with the NUS and other unions. He added “We shared the disbelief when the Browne review was handed down and we supported the NUS against the rising of the tuition fee all the way up to the last battle.”

When asked about how can he compare the student union and the student council this year to that of last year’s, he said “There has been an overwhelming increase of participation from students at the student council. Last year, we have had quite a low number of students who are interested in getting involved with the SU, not enough staff and no quoracy at the student council.”

He continued “This year, everything has changed and more students know about the governing bodies of the university.”

12 |

Dictum January 2011

The next question was about the cuts, which for the past two months, has been some sort of a repetition. He has done numerous media appearances including one with the Vice Chancellor talking about the education cuts. This time, I asked for his “honest thoughts” and the implication to the university. He said “You know that the university has always aimed to provide education to students from poor and ethnic background, since there will be less or worse no government funding which means no grants, students will be put off.” He added “Now what the university needs to do is to change its strategy, expand by having more partnerships with other universities in the world and internationalise. But I can see it offering only courses that are financially viable, which means some courses will be cut off and there would be more redundancies in order to balance the book and the university. When asked about how certain he is about this, his response was “The university needs to. It is not just London Met but other universities as well. There is no other way forward and sometimes you just have to make very difficult decisions.”

His proudest achievement so far he said, “Was to successfully persuade the new Vice-Chancellor to give them more space at North Campus and making the SU fully independent and registered as a charity organisation. Also, was the very good election turn out this year which paved way for more students getting involved with the activities and campaigns of the SU.”

“The university needs to. It is not just London Met but other universities as well.

There is no other way forward and sometimes you just have to make very difficult decisions.”

There were rumours that the University of London Union will form an organisation to rival the NUS at the national platform, I asked him what are his thoughts regarding this and he keenly answered “I think for the time being, it might be a clever idea because a lot of people think that the NUS is not doing a good job and has not been very effective in leading the campaign against the education cuts. But it will not benefit students because of the division. I think further conflicts will emanate and right now, what we need is unity and solidarity under the NUS umbrella.

To be fair, NUS has done so well in gathering more than fifty-thousand students here in London during the national demo and they haven’t been properly credited for that owing to the violence which erupted during the protest.” He also added “The government will laugh at the prospect of having a division and gap between students and this will be used against us. Our voice will not be taken seriously as it is now and we will lose credibility.”

When asked about what it is that he will say to his successor before he leaves the post next year, he smiled and said “Build a good team. This will be the greatest challenge for my successor. Get everyone together and continue what we have started and do things better. A good partnership with the university is also essential.”

He mentioned that next year after leaving his post, he will search for a permanent job but will still be actively getting involved with student politics.

www.dictumlawmagazine.com

Dictum January 2011

| 13

Special Features

Lord Maurice Glasman

The heart of Faith and Citizenship

interviewed by Kristoffer James M. Canlas final year LLB Student

H

e is a man of virtuous opinion regarded by his students and colleagues as someone who echoes a loom of decency and grace and a limestone of the distant past like the magnificent Parthenon in Athens. With his passion, sincerity and wisdom, he enlivened each student’s craving for knowledge of the faith and politics.

Lord Glasman talks to Dictum about his peerage, Blue Labour and why he is proud of London Met.

1. How does it feel to be called “Lord”?

It feels very good and at the same time odd. I am not a Lord yet though. I am not going to be elevated until 8th March, which is my 50th birthday. I was in the House of Lords yesterday for an induction and it was a very weird thing to be called “Lord” there, but I have great belief in ancient institutions of the state and I feel very honoured.

2. Can you tell us a bit of your background or your humble beginnings?

First of all, I am very proud to be a staff member here at London Metropolitan University for 15 years, since joining in 1995 as a lecturer in Political Theory. It was then London Guildhall University and from the city wing of the movement I have been working here for all of my working life. I am from a poor Jewish background, born in Walthamstow in East London, and went to a comprehensive school. Then I went to Cambridge and York and from there I went to Florence and did my PHD there. Finally I came here and I must say, just to let all of you know that by far the best educational experience I had was working here at London Met. I learned a lot here; how to teach, and especially I learned how important faith was. It was the first time I came across a very strong variable student faith community including a very strong local Muslim and African Christian population. It was here that I first discovered the London Citizens community. I have had some very difficult times with my managers, with union officials but I have never had any difficult times with students who have been a massive inspiration to me.

3. Jeff Waintraub wrote on his blog that you are ‘committed and sophisticated partisan of democracy, critical rationality, cosmopolitan imagination and community.’ Can you please comment on that?

I met Jeff when I was a PHD student in Florence.

He gave me a fantastic gift which was a particular piece of written work by Karl Polanyi, which he said, was very important for me to read - it changed my life. I am very committed to deepening democracy in working life.

. One of my problems with the university is the life as an academic staff member. We have had our democratic life almost entirely destroyed, and I think that the union has been a partner, in that the status of academics within the university it has been strongly upheld as it should be. So I am in favour of what I call “vocational democracy” which is professional skilled workers being able to exercise control over their working lives through association. I’m also in favour of deepening local democracy and very interested in the City of London, especially in the whole idea of citizenship and the restoration of the country hundreds. I believe the cosmopolitan imagination is something that we create and construct new forms of solidarity and obviously being at this university, I was very aware of the divisions between the Muslims and the Christians and between the locals and the immigrants and it is how we build a common life and resisting exploitation of capitalism.

4. What has been your highlight as the director of faith and citizenship programme here at the university over the years?

It is probably the event we had last year on 26th November where we launched the first anti usury campaign for 500 years in London. We had Boris Johnson there, head of various banks and Vince Cable. It was a very good evening of community which all believe that there should be a twenty percent limit on the rate charge of any loan. Also, later this year when all of the party leaders came to speak three days before the election at the Citizens UK rally I helped write the speech for Gordon Brown which became the biggest ever political speech on British Internet history garnering 150,000 hits. So, basically I wrote a hit!

5. You are the father of “Blue Labour”, can you please tell us a bit about this?

Blue Labour is a form of labour socialism which is about family life; once again I go back to my students, their faith and sensibilities and very strong commitment to family life to the work ethic. Obviously, I always tell my students that unless they do their work they are not going to get anything out of their course and it’s a discipline and it has to be done. So it is all about family life, work, commitment to place - the place that you live in. I’m not one for drifting off onto the net and pretend that I have friends all over the world; it is about building good relationships with colleagues, neighbours.

Patriotism, I love England very much. As a Jew, the English/British people fought against fascism and I am very grateful for that. I love this country’s liberties and institutions - that is why I do not have any problems being a Lord. Everybody is saying to me that these are very “conservative” ideas but I am interested in the way they resisted capitalism so I called it “Blue Labour”.

“Be proud that you are from London Met and be ambitious for yourselves.”

- Lord Glasman

14 |

Dictum January 2011

6. Over the past month, we have seen the student protest against cuts, what are your thoughts regarding this?

First of all, the students have got a lot to learn.

They are students so I was a bit suspicious about anything led by students. Secondly, they seem to me that they are disorganised which I had the feeling they are not going to win and they didn’t.

Thirdly, I am very sympathetic to students, hugely sympathetic and use this experience to learn how to build relationships with each other and begin the struggle right here at the university, which is one big thing that we’ve got to win which is the ‘living wage campaign’. Almost all other London universities such as the University of East London, LSE, UCL, Queen Mary would like to see the students and the unions, staff and everyone organise together, in order to make this university a living wage university. Begin locally; this is the very core of what “Blue Labour” is.

7. If you will speak in front of their lordships about London Met, what will you say to them?

I will tell them that this is a great university and I would say that the greatest thing about this university is the students. That we must, at all cost, give the highest quality possible education to the students and I will do whatever I can to open up internships in Westminster and Parliament. I will say that I think that I have the best students that any lecturer could ever have and when I stand up and talk about London Met, not pass judgment necessarily on the quality of the management or its unions but I will always speak up about the quality of students which is why I want to speak to this journal to say that students here should be confident in themselves.

8. You have obviously been very blessed, is their still anything you want in your life that you want to achieve?

Well, a Labour government would be a good thing!

There’s lots of work to be done to have a proper Labour government that takes power on. There are books to be written and there is a living wage campaign to be fought here at London Met which I am going to be involved with.

9.

Any advice to students?

Do your reading. Make friends and trust each other and be ambitious for yourselves. Being from London Met, I have always been really proud. Be proud that you are from London Met and be ambitious for yourselves.

Carrying the flag for London Met, his elevation to “Lordship” is truly deserved. Possessing firmness, confidence and strength of character he moulds the world to himself.

www.dictumlawmagazine.com

Special Features

Ad Astra Per Aspera:

To the stars through hardships

Owsun Abebrese: A lawyer, judge and an advocate of students

by Kristoffer James M. Canlas

O

wsun Abebrese has been a senior law lecturer at London Metropolitan University since 1989.

Owsun was born in Ghana and settled here in the UK when he was 8 years old, and attended Holloway Boy’s School, a comprehensive school in Islington. Calling himself a “Sports person”, he was very active at a young age, where he was signed as an Associate Schoolboy Tottenham Hotspurs Football Club at the age of 15.

Who would have thought that a young man who was keen to play sports in his childhood and excels on it would end up as a notable lawyer and a judge? When he reflects upon why he chose a career in law, he talks about the fact that his decision was not based upon contact with lawyers, which is a common thing about law students these days, but due to the fact that he needed to take up a course that would eventually lead to a career. His highly competitive nature (as attested by his flair on sports), combined with his drive and determination to accomplish, drove him to read law.

He was called to the bar in 1985 at Inner Temple and finisihed his pupillage the year after.

“Believe that when you can do it, you will do it.”

When asked why he chose to practice Immigration Law he explains “When I was doing my pupillage, I was mainly working in Criminal Law. I also did Housing Law and Trusts, which is the reason why I teach Land law as well.

www.dictumlawmagazine.com

However, after leaving chambers, I decided to do my Masters degree at Kings College London while working at the Tottenham Law Centre. There I faced real people with real issues. The most common problem there was Immigration - hence why I pursued the course of becoming an Immigration Tribunal Judge.” This led to the next question about what is for him, the best thing about being an Immigration judge. This time he paused and thought hard. His response:

“You make decisions those that impact other people’s lives. Your decisions mould the law and have life-long consequences.”

He also underlined that he had always hoped to secure a positive role in the judicial system and being African, he is proud to portray himself as a role-model for others who have the same fortitude and drive.

He came to teach at London Metropolitan, before it was City of London Polytechnic and became the London Guildhall University. He mentioned that when it was London Guildhall, it boasted an excellent reputation of being one of the best law schools in the country. When asked why he chose to stay here at London Met, his answer was simple, “It is very diverse.” Just recently he was awarded the title of “Academic Leader” and he is responsible for the recruitment.

He says that he enjoys the ability to be able to teach students of any race, age and class and what he realised upon taking this journey is that the university is a “safe haven for all regardless of your colour, race or sex.” Aside from being a judge, he is parttime Chairman Lawyer of the Residential Property Tribunal Service since 2001.

Owsun is a highly distinguished lecturer and is never afraid to say that he, despite being a lecturer, learns from his students as well. He believes that effective learning requires a two-way relationship which will only work if there is both a substantial element of ‘special relationship’ and also understanding from both parties.

A random unknown fact about Owsun?

He is a keen gardener.

Reaching the final question, in which he made a sigh of relief, he was asked about what advice he can give to students. Again, with a smile, his answer was:

“Always make a positive impact on everybody that you meet.”

Owsun Abebrese is a perfect example of someone who came from the other side of the world to a foreign country with only his determination and succeeded. He has come a long way since and he is a living example of someone who shoots for the stars.

Dictum January 2011

| 15

Special Features

FRESHFIEL AND PAST

Londonmet is a City Institution a graduates have traditionally mo practices. Peter Lampier p life as a City lawyer.

B

ecause my biography on the Faculty website records that I was once a solicitor at City giant Freshfields, people sometimes ask me for insights into life as a City lawyer.

Alas, my time at Freshfields was suspiciously short and many years ago. However, I do maintain an interface with the practising profession, partly through my work with the Society of Trust and Estate Practitioners, and partly because former students, now at City firms, are sometimes kind enough to invite me to their gatherings and tell me about their doings. Here are some rather random thoughts.

Variety of work, variety of characters There is no such thing as a typical City lawyer. One of the charms of the legal profession is that there is a great variety of types of work and accordingly a niche for many types of personality, even in the special atmosphere of the City. Consider for example my former student Nick. He was not a great lawyer on paper and only just passed the exams, but is one of those people who has a lot of charm and always sees the funny side. His firm sorted out his strengths and weaknesses pretty quickly and at a surprisingly early age he was used as a rain-maker, that is, a person whose role was to get in business, not to do it.

As a result, much of his working life was spent in the corporate hospitality boxes at Twickenham and White Hart Lane, Ascot and Goodwood, the Royal Opera House and Glyndebourne, and theatres and upmarket restaurants generally. Although Nick moaned that he had seen Les Miserables at least six times, he knew he shouldn’t grumble.

Contrast Salim, coincidentally his classmate. Salim was last heard of doing Corporate Acquisitions work for a magic circle firm.

16 |

Dictum January 2011

He admitted he was usually the fifth or sixth person in the hierarchy of lawyers working on a deal and he didn’t get the glamour trips.

His role was mainly on the due diligence side – he used to be sent to the headquarters of the target company and, week in week out, pore over the company’s contracts, Land Registry entries and litigation files in the search for any weakness or claim which might affect the company’s value. Although he enjoyed being made a fuss of by snappilydressed PAs at host company headquarters, Salim acknowledged this was quite humdrum work. However he managed without any real strain to record at least thirty fully chargeable hours each week.

Accordingly he was much appreciated by his bosses and enjoyed the boost to self-esteem which comes from positive appraisals and regular promotion. And you can work out that he was almost certainly paid a tidy sum. Multiply those 30 hours by say 45 weeks a year and assume a charging rate of about £200 per hour – that will give you his ‘billings’. In almost all echelons of the legal profession, employee fee-earners are paid about one third of their billings. By the standards of most of us it’s a good wedge – especially bearing in mind that (as Salim said to me with only a trace of smugness) his work was far less stressful than that of his contemporaries doing criminal defence or domestic violence injunctions.

What you need The attributes required of a solicitor in the City are mostly well-known; solid understanding of the law, oral articulacy, sophisticated writing skills, reading stamina, a willingness to work long hours – no-one would argue about those. I would only add some perhaps less obvious characteristics.

Resilience A surprisingly common feature of get-togethers of relatively new trainees is that they often report they have been told off, or even shouted at, at least once and sometimes repeatedly in the first months of their training contracts. This humiliation may be public. Expressions like ‘How could you make such an obvious mistake?’

Are commonplace, perhaps accompanied by something like ‘You must be the worst trainee this firm has ever had.’

I think probably most trainee solicitors will have been relatively wellbehaved and successful at school and will have little recent experience of being upbraided in this way. One trainee said to me: ‘I haven’t been shouted at like that since I was nine. It’s worse than The Apprentice’. But if you are going to survive as a City trainee you have to develop a thick skin.

www.dictumlawmagazine.com

Special Features

LDS,

TURES NEW

and some of its oved on to work in City paints some pictures of

The novelist E.M.Forster referred to the business environment as ‘the world of anger and telegrams’. The telegrams have been displaced by several generations of technology but the anger apparently remains a constant.

Don’t blink first A combative, possibly argumentative disposition might appear an obvious requirement to some, but not to all, given that most of solicitors’ work (especially measured in terms of the costs brought in) is non-contentious – doing deals, making arrangements, avoiding litigation. Even in the most non-contentious pastures, though, there is always scope for an argument. In Conveyancing for example there is often an issue as to completion day – one side wants to complete on Thursday and the other on Friday.

There may be nothing objectively to choose between the two days but positions can quickly become entrenched. There is no room for compromise in this situation and victory is likely to go to the client- lawyer team which is the more obstinate.

Such a disposition is more obviously an advantage in the context of litigation, and in my limited experience, most of all in matrimonial litigation. Such matrimonial work as is left in the City is likely to be high-end financial provision stuff, and seeing couples fighting over the odd £10 million and the Aston Martin, it is very hard not to frame the thought that they would be better off (probably in every sense) chilling out and getting on with the rest of their lives.

www.dictumlawmagazine.com

Ironically however, even though the policy of the law has lent in favour of conciliation for at least 40 years, matrimonial clients expect their lawyer to be a mouthpiece for their grievances, not a source of wisdom.

Knowledge of the law ‘in your head’ I go back to former student Nick for an anecdote to illustrate this point. He told me that he once sat down at a posh restaurant for an evening of schmoozing with the Chief Executive and Finance Director of a medium-sized private company. Quite quickly he was jolted out of his complacency when the CEO said something like ‘I’m glad we’ve got you here Nick. We are thinking of doing a buy-back of our own shares. Can you run us through the procedure?’ A private company buy-back entails a complex programme of resolutions and depositing of documents and for once in his life Nick felt he was well out of his depth.

That is obviously an exceptional incident but a City lawyer will quite often have to give authoritative advice away from home. You may hear people say ‘In practice, you can always look things up’ but this is a bit of a fallacy. For example, at a meeting to thrash out the Heads of Agreement of a Company acquisition there may be in attendance very senior directors of the target company and the predator company, and high-power representatives of at least a couple of merchant banks and the pension fund trustees. Each of these groups is likely to have a team of lawyers present. The meeting may take place at Company HQ or at a merchant bank. In this situation, even if it is not necessary to get into the game in which lawyers score points off each other, it is still essential to put on a good show.

“Target immensely carefully, using all the resources...”

Conclusion Life as a City lawyer can be demanding, tough and stimulating. The only snag, for many people, will be actually landing a position. There are many people around the University better qualified than I to advise on this, so I can only offer one thought. Target immensely carefully, using all the resources giving information about the firms (such as the Legal 500) as are available. With luck you may be able to align the unique selling-point in your own personality with a demand that even the most resourcerich organisation needs to fill.

Dictum January 2011

| 17

In the News

Drugs and the Law: Is

it time to change?

News Editor Gabriele on the law of drugs

Ruberto, reports on a possible U-turn

I

n the last few years, numerous calls have been made by experts, lawyers and scientist to change the approach of the law towards drug use. Supporters of the current legislation affirm that its ratio is based on the crucial principle of public health. Under the Misuse of Drugs Act 1971, an individual who handles a “controlled drug” in an unauthorised manner is responsible of a criminal offence. Almost forty years after its entering In fact, the culture of prohibition has caused more into force, the legislation is widely regarded problems than benefits to public health in general and as unsuccessful. addicts in particular, as many of them have to face infections caused by unsafe and ill-informed consumpSir Ian Gilmore, outgoing president of tion. The head of research at the drug foundation the Royal College of Physicians, is just one Transform, Stephen Rolls, accuses the “war on drugs” of many top scientists who have recently to have achieved the opposite of its aims, as it did not called for a change in the law. According to reduce drug use, but created a massive illegal market Sir Gilmore, a decriminalisation of illicit drug that rendered drugs “more dangerous than they already use would “drastically reduce crime and are” and increased dramatically the spending on drug improve health”. related crime to as much as £13bn per year.

Moreover, according to the Chairman of the Bar Council, Nicholas Green QC, decriminalisation would not lead to “any overall increase in drug usage”.

The case of Portugal, where drugs were decriminalised in 2001, seems to support Mr Green’s point. In Portugal, individuals are not prosecuted for personal possession of small amounts of drugs. Statistics show that this approach has worked. Since 2001, drug use among teens has decreased and HIV cases related to drug consumption dropped. In addition, money saved on enforcement enabled the funding of drugsfree treatment.

The government has reacted to the suggestion for a change in the law by affirming that decriminalisation would promote “the wrong message” – but treating an addict as a criminal rather than a patient as suggested by the current system seems to be just as wrong.

t Legal Aid Cu s: What’s next?

by Gabriele Ruberto

T

he cuts outlined by the 2010 government spending review are going to deliver major changes to the justice system. The Ministry of Justice is expected to cut its budget by around 25%, like most other departments.

Measures like the reduction of the number of courts in England and Wales and the cut of the prison population are expected to be implemented.

However, the most significant provision is probably the proposal to reduce legal aid spending. Should the government pursue its proposal, legal aid will lose £350m from the existing £2.1bn, an amount which represents the greatest per capita spend for legal aid in the world. The cuts will overwhelmingly hit the civil legal aid scheme, seeking to reduce the number of civil law cases by 547,000 a year and to discourage what Jonathan Djanogly — parliamentary under secretary of state at the Ministry of Justice — called a “culture of litigation”.

Legal Aid in England and Wales provides free legal advice to over two million people every year.

18 |

Dictum January 2011

The Legal Aid and Advice Act 1949 established legal aid, with the scope of allowing the most disadvantaged people in society to have proper legal advice. Nowadays the Legal Services Commission administers the two legal aid schemes: the Community Legal Service and the Criminal Defence Service.

The Community Legal Service is a civil legal aid scheme that covers areas such as family law, housing, employment and domestic violence. The criteria to qualify for this scheme are established by a Funding Code. It has to be noted that such criteria are quite complex and some areas of law — such as conveyancing, making of wills and boundaries disputes are to be excluded. The Criminal Defence Service seeks to ensure that people who are suspected of a criminal offence or are facing criminal proceedings have access to legal representation. The interest of justice test determines whether an applicant is entitled to legal aid. In addition, in order to qualify for both schemes individuals have to satisfy a means test, i.e. they have to provide evidence on their financial status.

Under the government’s proposal, entire areas of law will be removed from the scope of public funding. Firstly, even though people facing homelessness and housing disrepair will still be able to get free legal advice, around 38,000 people per year with other housing problems — such as eviction — will no longer be covered. Similarly, divorcing couples will be able to receive free advice only in cases involving domestic violence and forced marriages, but not in any other case.

Moreover, other areas of law above mentioned, such as debt advice and employment will be completely removed from legal aid.

Although tackling the “culture of litigation” might seem a noble purpose, the most immediate consequence of these cuts could be that of hurting the most vulnerable. A lot less applicants will qualify for legal aid and will have to seek alternative routes. A possible solution would be that of putting big corporate firms under pressure to provide more pro-bono work, in a move that would seek to imitate the US system. However, this is something that might be difficult to achieve, given the fact that top legal firms look for profit rather than social justice.

www.dictumlawmagazine.com

In the News

Former Labour MP’s race for Judicial Review as election result declared void.

MP Prosecuted for rousing racial tensions, reports David Burton, second year LLB student

F

ormer Labour MP and Cabinet Minister Phil Woolas had his May 2010 re-election to parliament declared void and was banned from standing in an election for the next three years on the 5th November 2010 by two High Court Judges sitting in a specially convened Election Court.

The former Oldham East and Saddleworth MP gained victory by a mere 103 votes over his Liberal Democrat rival Elwyn Watkins. The Lib Dem candidate’s ‘personal character’ was brought into disrepute with ‘no reasonable grounds for believing the accusations to be true’ when Mr Woolas’s election team published comments in his campaign material which intended to gain votes by stirring up racial tensions, fundamentally suggesting Mr Watkins tried to “woo” Muslim extremists which the Election Court found was conduct pursuant to s106 Representation of the People Act 1983. As a result of the initial ruling Mr Woolas’ conduct was condemned by the Labour party and immediately suspended.

Mr Woolas and his legal team had hoped to overturn this decision by seeking Judicial Review (JR) in the High Court claiming that the Election Court’s interpretation of the law was flawed. This represented a problem for Mr Woolas as High Court’s cannot review other High Court decisions and in this instance the Election Court Judges were sitting in their capacity as High Court judges, however it was thought possible for Mr Woolas to make an application to the Court of Appeal.

The ruling was being challenged by Mr Woolas’ legal team based upon the belief that the Election Court is in fact inferior to the High Court thus making the case reviewable on the argument that the comments were made in a political not personal context. This also tried to serve the argument that the Election Court’s judgement breached Mr Woolas’ human right to freedom of expression -Article 10 of the European Convention on Human Rights.

The JR application was decided by three High Court judges who had commented that this case raises “difficult questions to resolve” which are made more difficult due to the urgent manner of not wanting the parliamentary seat to go too long without a sitting MP. The three presiding High Court judges initially reserved judgement; however on 3rd December 2010 the High Court upheld the Election Court’s ruling stating that although one of the findings should be set aside, the suggestion of “wooing” Muslim extremists had resulted in an “illegal practice”. Legal options remain open to Mr Woolas, however financial constraints may restrict further action.

‘Guilt Cash’ from UK Government to Guantanamo detainees

by David Burton

J

ustice Secretary Kenneth Clarke confirmed on the 16th November 2010 that sixteen Guantanamo Bay detainees will receive a reported £1014M in compensation from the United Kingdom (UK) Government without a public court hearing.

This decision by the Justice Secretary is the result of many years of legal and moral anguish for the detainees as many were detained and tortured without charge for multiple years by the United States (US) intelligence agencies.

The settlement is the climax of the UK’s denial of its intelligence agencies complicity with torture and ‘extraordinary rendition’ carried out on both domestic and foreign soil. Evidence of UK involvement in torture cases related to the Guantanamo detainees started to emerge in 2002 although it took until 2008 for British officials to declare knowledge of the use of UK airfields for ‘extraordinary rendition’ activities. It also emerged through documents revealed by the Court of Appeal that British officials possessed knowledge that detainees, specifically Binyam Mohammed, were subjected to “cruel, degrading and inhumane” treatment.

www.dictumlawmagazine.com

The settlement awarded to the detainees was an effort to avoid a costly and prolonged litigation battle which would require the vetting of over 500,000 documents and costing £30-50M over 3-5 years. This would have also prolonged the independent inquiry into British officials and security services complicity and ‘extraordinary rendition’ due to be conducted by the retired Senior Court of Appeal Judge Sir Peter Gibson, which will begin once the Police have finished investigating allegations made by some of the detainees. The Director of Liberty Shami Chakrabarti was quoted as saying that the inquiry; “Must distinguish between national security and embarrassment; between clean and cover up”.

The Justice Secretary argued that it would be very difficult to use the evidence compiled against the detainees in a public court as the Court of Appeal would not allow the evidence to be presented in closed proceedings.

The level of confidentiality agreed in reaching a settlement prevents all aspects of the deal being made public; this is controversial as the Shadow Justice Secretary Sadiq Khan argues details of the detainee’s payments should be transparent as it is within the “public interest”. The settlement was welcomed by the British security services as it allows them to concentrate fully on protecting national security without spending years in litigation. Although the payment of millions may appear to be an admission of guilt to many tax payers, within the government and the security services the threat of losing state secrets would have represented a far worse cost.

Dictum January 2011

| 19

In the News / Case Digest Employment Law Housing Law EU Law Law of Trademarks Family Law

C236/08 Google France, Google Inc. v Louis Vuitton Malletier Fazl Buchari Abstract: Action brought by Vuitton (LV) against Google alleging a number of trade mark violations. Entry by internet users into Google’s search engine triggered the display of imitated LV products. Question rose; could Google rely upon the hosting exemption for ‘information society services’ in Article 14 Directive 2000/31?

ECJ - Google’s use of trade marks in the AdWords service was not an infringement; In order to establish whether the liability of a referencing service provider may be limited under Article 14. The role played by that service provider was neutral, that is, its conduct was merely technical, automatic and passive. The mere fact that the referencing service was subject to payment, as Google’s was, did not deprive Google of the benefit of Article 14. The essential test under Article 14 was whether the service provider had played an active role of such a kind as to give it knowledge or control over the data stored.

Gisda Cyf (Appellant) v Barratt (Respondent) Augustas Jankauskas Abstract: Barratt was dismissed from her employment due to gross misconduct. A letter informing the Respondent about the dismissal arrived on 30th November; however it was received on 4th December due to respondents’ absence on the day of arrival. A claim for unfair dismissal and sex discrimination was lodged to the Employment Tribunal on 2nd March 2007. The issue was whether the claim was brought within the period of three months to make a claim successful. Employment Tribunal held that it was. The Employment Appeal Tribunal and the Court of Appeal agreed. Gisda Cyf appealed.

Volker und Markus Schecke GbR (C-92/09) and Hartmut Eifert (C-93/09)

The Supreme Court dismissing the appeal held that employment is terminated when an employee is informed of the dismissal or has a reasonable opportunity of finding that out. Discussion of the time aspect in interim relief provision in section 128 of the Employment Rights Act 1996 brought the matter to the end.

Manchester City Council (Respondent) v Pinnock (Appellant) [2010] UKSC 45

Augustas Jankauskas

Fazl Buchari

Abstract: The applicants made successful applications for the financial year 2008 for funds from European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD).

Article 42(8b) and 44a of the Council Regulation (EC) No 1290/2005 required the publication of information about the beneficiaries of these funds and the amount received. Applicants commenced proceedings to prevent such a publication.

Abstract: Mr Pinnock, a demoted council tenant due to undisputed evidence of three serious offences of antisocial behaviour by his entire family apart from himself had been given an order to evict his residence of 30 years by the Manchester County Court, for the local authority (landlord). All the procedures required by s.143 of the Housing Act 1996 had been followed. Mr Pinnock appealed to the Court of Appeal arguing under Article 8 of the European Convention on Human Rights (ECHR) his eviction would be irrational. This appeal was dismissed; Mr Pinnock appealed to the Supreme Court.

ECJ – The court stated that such publication was in breach of Article 8 — right to the protection of personal data — and Article 7 — right to respect of private life — of the Charter of Fundamental Rights of the European Union (‘the Charter’). Accordingly, Article 42(8b) and 44a were invalid, in so far as they required the publication of the personal data of each person who was the beneficiary of EAGF and EAFRD aid without any distinction based on relevant criteria.

The Council and the Commission exceeded the limits imposed by the principle of proportionality.

Appeal dismissed – by virtue of s.7 (1) of the Human Rights Act, County Court judges are able to carry out article 8 ECHR proportionality review, also article 8 ECHR proportionality is more likely to be of relevance if an occupant suffers from a mental or physical disability.

Radmacher (formerly Granatino) (Respondent) v Granatino Ayodeji Oladimeji Abstract: Appellant married respondent in London in 1998 - three months prior they signed an ante-nuptial agreement under German laws. Couple separated 8 years later with two children and husband claiming financial relief which was granted; wife appealed. Court of Appeal held weight should have been given to agreement in reaching settlement; husband appealed to Supreme Court.

20|

Dictum January 2011

Appeal dismissed- In reviewing the approach the Court should use when giving weight to an ante-nuptial agreement, it answered three questions; (i) In what circumstances was the agreement signed and should it determine the weight given? (ii) Was it relevant to consider the weight given being signed under German law? (iii) Did the attending circumstances make it fair or just to depart from the agreement when the initial court granted its order?

Appeal court judgement held to be correct and conclusive as no factor rendered it unfair to hold the appellant to the agreement.

Baroness Hale dissenting. www.dictumlawmagazine.com

Careers Section

Penetrating the Magic Circle ‘How to secure a training contract with one of the elite London based law firms.' Mohammed Akbar

T

he economic downturn has created an ever increasingly competitive climate for training contracts, leading to legal experience becoming a must for any hopeful wanting to secure a position in the city. Those in their penultimate year should be gearing up to take a place on a vacation scheme. Being prepared has become increasingly important, with the selection process being just as rigorous as for the training contract and a growing number of trainees being recruited straight from these schemes. However, if unsuccessful in securing a place there are many other alternatives which will make you stand out from the crowd.

A vacation scheme or work placement is legal speak for paid experience with a law firm. Schemes run from two to four weeks and pay upwards of £250.

US firm, Weil Gotshal & Manges pays a very generous £400 per week! However, the economic downturn has meant that firms have scale down their vacation schemes or even cancel them.

Before applying it is best to decide what type of firm you want to work for.

There is a large range of firms from the magic circle to the high street. No type is better or worse than the other, but they are all very different and it is essential to understand the differences of working within each. Hence, researching the various types will place you in a better position to decide what would be your best fit.

The structure of vacation schemes varies from firm to firm. Given the complexity of the work handled by law firms, coupled with the amount of time you will get to spend in a department, it is unlikely that you will get a significant amount of ‘real work’. Typical tasks may include note-taking at a client meeting, legal research, proof reading or even photocopying. Firms will usually supplement this with seminars designed to give you a better insight into the type of work they handle, along with skills workshops to help with your training contract applications.

www.dictumlawmagazine.com

As is the case with all work experience, the type of work you handle and the level of responsibility you are given will depend on your willingness to learn and the quality of your output. If you tackle every task, even the tedious ones, with eagerness and complete them to the best of your ability you are more likely to be trusted with the more interesting and challenging ones.

Never forget that lawyers are obsessed with attention to detail so check and double check your work before submitting it to your supervisor.

Any paperwork which contains sloppy spelling mistakes or grammatical errors will definitely create the wrong impression. If you are unclear about any of your instructions, then clarify them and never be afraid to ask follow-up questions until you are clear.

Try to be as professional as possible and get the most from the opportunity. Listen and watch to see how qualified lawyers handle phone calls and interact with clients and colleagues. If you find yourself without enough work then tell someone quickly and ask for extra work. You can always ask to read through old files or see if there are any mock tasks that you can do, like drafting a standard letter. Never spend a day surfing the net!

Completing a mini-pupillage is another way of gaining valuable experience in an area and applications are usually made directly to chambers at any time.

Many UK law students also spend their summers abroad learning different legal systems.

Getting involved in pro-bono work or community projects can be a valuable and rewarding experience.

There are numerous positions available volunteering for organisations such as the Citizens Advice Bureau and Law Centres. Greenwich Housing Rights provide free representation in County Court for some of the most vulnerable members of society on housing issues, defending claims for possession and warrants of eviction.

If all of these avenues seem closed off then there are still options available. There is much to be learnt from simply visiting the courts and sitting in the public gallery. At London Metropolitan University we are extremely lucky to have Owsun Abebrese, a sitting immigration judge, who can be seen in action by taking a short trip to Angel. Seeing the law put into practice can help tremendously with your studies and provide an interesting talking point when filling out applications. Competing in mooting competitions and becoming a member of a society will also be looked upon favourably. The same goes for work experience outside the legal sector, if marketed in the correct manner. Finally, remember there is no harm in furthering your hobbies and interests.

Communicating and networking with others can be an essential part of any vacation scheme.

So the best way to penetrate the magic circle is via There will usually be opportunities to socialise securing a vacation scheme at a firm. However, if you and get to know members of the firm in a less are not lucky enough to secure a place on one there formal environment. The social side can be exare plenty of other productive experiences that can tremely enjoyable, especially where alcohol is inincrease your chances. volved. You should exercise constraint and avoid trying to pull anyone or throwing up. Although do relax and enjoy your time and mingle with as many people as possible.

TOP TIPS FOR ANY LEGAL WORK EXPERIENCE • Be punctual and on the ball everyday.

If you do not managed to secure any vacation • Dress appropriately. schemes, despite making a load of applications • Communicate appropriately at all times, do not or simple because you did not apply to any, there use slang in emails. are still plenty of other ways of spending your • Never use your mobile phone whilst talking to time productively. Attend a law firm open day someone. without delay, most firms simply require you to • Remember to be on your best behaviour at all send a CV and covering letter. times.

• Get involved in the office.

Alternative forms of work experience can pro- • Act confident not arrogant. vide valuable insights into the legal profession.

• Show willingness to learn by asking lots of ques Many apply to smaller firms who accept applications. tions on an ad hoc basis. The work at these firms • Be natural. can be more hands on and the experience will • Tackle every task with enthusiasm, to the best of be looked on favourable when making training your ability. contract applications.

• If you don’t understand something don’t be afraid to let someone know.

• Don’t race for the door at the earliest possible opportunity.

Dictum January 2011

| 21

Careers Section

Deciphering Training Contract application questions

secrets revealed by

It is that time of the year when

most of us will find ourselves in front of our computers with eyes glued to the screen. A time when research includes more than learning modules and writing essays, perhaps even a long night with numerous cups of tea or espresso.

Law firms require everything from their applicants in the current economic climate. So much so that most lawyers who have done their training contracts 5 or 8 years ago will agree that recruitment has become very tough, highly-demanding and scrupulous.

Who would have known that getting your foot in the door of law firms would require so much?

The market changes, clients change, people change, and so is the quality of the trainees.

Competition is fierce and firms want you to undergo a series of hurdles because they want to get the crème de la crème.

I was fortunate enough to be mentored by a city firm solicitor and these secrets are based from experience and sources. The following are some of the most common questions you will find and tips on how to write the answer that will hopefully help you secure that Vacation scheme or Training contract.

5 Golden Rules: 1. Answer the question. Do not waffle!

2. Do a thorough research. A perfect application will take you at least 2-3 days to finish.

3. Be sincere and honest. These questions are your first contact with the firm. Make sure your personality shows throughout and make them say “This applicant is interesting. I want to meet him/her.”

4. Check your application for any grammatical, spelling or punctuation mistakes. There is no room for any errors. If you have even a single error, law firms will think you are sloppy. They don’t need sloppy trainees! So check it a hundred times or ask someone to check it!

5. Tell a story. This is what this application questions is all about. Law firms want applicants who do not do the obvious, someone who knows how to play with words. If you think, what you write is cheesy, still put it down! Remember, you are making an impression so make sure you are making the right one. You have to get the reader on your side. The secret? Make him/her smile.

22 |

Dictum January 2011

Kristoffer James M. Canlas, Chief Editor

1. As a trainee, you will need to effectively manage your time and juggle competing priorities in order to meet client expectations. Please give us an example of an event/task or project which you successfully planned/managed and organised. How did you cope with any problems or unexpected obstacles which threatened its success? Simmons & Simmons

I know what you think! That this question is long! Fear not, for it is just asking you a simple question. This asks you to answer three things: 1) mention an event where you have been involved with something like group project, work placement, volunteering activity or even a society event. 2) State what were your roles/responsibilities, 3) mention any problems you faced and what have you done in order to achieve success. TELL A STORY! That is what this question wants you to do. You should make the reader feel that as if you are talking to him face to face. Every detail counts so list them if relevant and if word count permits.

2. Please explain why you have decided to pursue a career as a solicitor and why you have applied for a training contract at Allen & Overy. Allen & Overy

This is a very common and classic question which you will see in almost any law firm application. However, it is also one of the toughest ones to answer. If you failed to convince the one who reads your application with this question, you would have lost 30% of your chance already so it is important that you nail this one. Now the trick: BE HONEST! Do not write the classic “I was inspired by watching Law and Order” or “I am a massive fan of John Grisham”. You can mention these, sure, but it is shallow and unrealistic. What you need to mention is what made you decide to take up law? Or better, tell a story about how you came up with the idea that being a solicitor is the career path you want to take.

Perhaps any experiences you had in the past, someone whom you have met who motivated you, or a series of events that helped you decide. Lastly, tell them why you are applying to them. As you would have known by now, the Golden Rule is: RESEARCH. Go to their website, look for any press release in the news, is there any recent event in which they are involved with? Mention something they have that other law firms don’t have. If there is a word limit of for example 250, you need to allocate 125 words for each question. Being succinct is the key.

3. Identify a current commercial issue which has attracted your attention recently. Why do you consider it to be significant? Who are the key stakeholders in this situation and what are the implications for those concerned? Norton Rose

Another common question which according to one city solicitor I know is the question that lets down most applicants. The secret here is: DO NOT STATE THE OBVIOUS! 95% will mention what is on the news which is current and controversial. Do not fall on the same trap. You need to be in the 5% group who will dig deeper and look for other issues that might not be controversial but have the same commercial aspect attached to them. First, ask yourself: what am I interested in? If you like clothes and shopping why not mention the Top Shop crisis of tax evasion? If you like internet and browsing, why not mention the current lawsuits that Google face at the moment? If you like music and a fan of I-tunes, why not mention the various competition law issues that relate to it? Also, stakeholders mean the parties on the issue. Remember, the commercial aspects might not be very obvious but spotting them will give you the edge.

4. What distinguishes you from other applicants for a summer scheme or a training contract place at Covington? Covington LLP

Here is a question where it is asking you to sell yourself! Do not be modest but not too cocky!

Tell them why you think they should pick you among thousands of applicants. State what qualities you have. Check their website about what are they specifically looking for from their trainees and tailor these to yours. If you can tell a story where you have shown these qualities and skills to back it up, write it down! Try to imagine yourself being in the Dragon’s Den. You need to convince the dragons that they should invest in your product. This applies to you as an applicant. Law firms spend thousands of pounds in training new trainees and you need to prove to them that you are worth the money they will invest.

You need to show that you are not part of the majority; you need to stand out from the crowd. Law firms nowadays are not looking for “I am highly-experienced because I worked at my dad’s office.” This is the common statement you will see from Oxbridge applicants. Law firms, as much as they adore Oxbridge students, are tired of seeing this! If you’ve worked at Tesco or McDonald’s, tell them. They are looking for real humans who have done real jobs and it is always how you integrate those skills you learned from those jobs. Consider what you have done and take this to your advantage.

5. Please give details of your main interests and activities including any positions of responsibility you have held. Taylor Wessing LLP

This is quite a straight-forward question but is asking you three different things. List what interests you have; other activities that are not academic, these could be sports you play, hobbies you have or past-times; lastly list what positions of responsibility you held or currently holding. If you are part of the Students’ Union, president of a society or club, part of a committee who organised an event or part of a student magazine, then this is the time you mention all of them. Most of the questions like this have word limits, so you are advised that it is best to bullet-point them instead.

www.dictumlawmagazine.com

Careers Section

Why should a law student compete in the Lady Olivier Cup Mooting Competition?

Why should you moot? argues Mohammed Akbar, Careers Editor

M

ooting is essentially a competitive mock court hearing. It is a debate which is focussed on the legal merits of a fictitious appeal of a legal case. As a moot is an appeal on a point of law, there are no witnesses or juries. It is not a trial of the facts.

The Lady Olivier Cup mooting competition takes place in the spring semester of the university year. Barrie Goldstone, a former contract law barrister who worked as an in-house energy lawyer for British Gas, is the moot master. The final is judged by Lord Walker of Gestingthorpe, a Justice of the Supreme Court of England and Wales.

At London Metropolitan University the moots take place in the mock court room in Goulston Street. There are usually two teams of two, one team-member acting as the senior counsel and the other as the junior. The team members normally decide between themselves who will take on which role, although the more experienced members should be the leading counsel. The teams present their arguments, in the form of submissions, in a pre-determined order which should be set-out in their skeleton argument.

Just as in professional practice, the moot judge has the right to interrupt the mooters with questions at any point during their speeches and mooters must observe court etiquette throughout the proceedings.

www.dictumlawmagazine.com

Mooting will make you think like a lawyer, developing your case preparation and advocacy skills. It involves many hours of research thinking deeply about the legal issues raised by the moot problem, the very things practising lawyers do on a daily basis. You must absorb the facts quickly, identifying the relevant legal principles and then applying them to the facts to create your case, as well as anticipating the other team’s argument and discrediting it, although not in an irreverent manner.

Mooting is the best way to learn the law.

In order to identify and present persuasive arguments you require a detailed understanding of legal issues in the moot problem. To acquire that level of understanding will hone your research skills beyond a level required for the normal academic modules. This demands not only reading a few select passages from a textbook and the seminal cases, but large numbers of cases to analysis the ratio of each case to identify nuances. This extra knowledge will of course aid you in getting top marks in assessments that overlap the moot problems which you have researched.

Mooting will improve your public speaking skills. Regardless of whether you intend to go for the Bar, presenting and defending a reasoned argument is an essential skill for all lawyers. Even Corporate lawyers, who will most probably never represent their clients in court, will need to be able to make formal presentations.

Mooting will give you the confidence to believe that you have what it takes to become a lawyer. The backdrop strikes remarkable similarity to a real appeal based on a point of law; therefore, students, who tend to have little experience, benefit greatly from participating and performing well in front of seasoned professionals. It can provide a good indication of whether becoming an advocate is really for you. However, remember to prepare thoroughly as you don’t want to be the one with your jaw dropping to the floor unable to answer the simplest question; that will do the opposite of inspiring self-confidence.

Above all else, mooting is an inspiring and exhilarating experience. Delivering a polished performance will give you a sense of achievement whether on the winning or losing side.

Dictum January 2011

| 23

Careers Section

Why study International Relations and Law? explains Giada Mandrelli a final year BA Law and International Relations Student

T

here are a variety of reasons why you might want to take a joint course degree.

Although it may not suite everyone, if you have a natural desire to study law and an affinity with international political events then International Relations and Law could be for you.

International Relations and Law can give you an added advantage as opposed to just studying a single major. Academically you will have a broader understanding of the political issues that surrounding us as well as the ability to analyse them through a legal prospective. This combination can be advantageous when applying for employment with international nongovernmental organisations (NGOs) such as the Red Cross and the United Nations that require both legal international relations skill-sets.

International Relations are essential to our understanding of the world, analysing the interaction of nations, institutions and cultures. There are various complexities and factors that effect a government’s decisions which effect society. By studying these decisions and identifying themes and issues we place ourselves in a better position to assess not only laws but societies in general.

For those of you who are unsure about becoming a solicitor or a barrister, working in the government or becoming a human right activist, this course will give you the possibility of having a better understanding of several fields allowing you to choose which area is suitable for you.

If you realize that you are not interested in the joint Law and IR degree and that you would prefer to study one area only, you have not wasted your time. It is definitely advantageous to have learnt both. With an International Relations and Law degree you can approach: International Organisations, Non-Governmental Organisations, International Law Firms and Multinational Corporations. This degree will prepare you to work in International Agencies and also in areas of Human Rights; Democracy; Peace and Conflict resolution and International Development Organizations just to name a few.

As mentioned above, the very positive aspect of this joint degree is that you will have a variety of career opportunities open to you after successfully completing your degree. A successful completion of your degree does not only mean that you will have to have a first, 2:1 or a 2:2.

Unfortunately within this very competitive job market it might not be enough, you will have to stand out from the crowd. The best way to do this is by gaining relevant work experience in the field where you would like to work in. Therefore, you won’t only have the academic qualifications but you will also have the practical experience and knowledge.

You can either do work placements or internships, the first usually lasts for a maximum of 3 weeks while the latter lasts between 2 to 6 months. Obviously internships are better as sometimes they might end in a paid job or they will still allow you to build a competitive CV.

It might appear difficult to undertake this demanding but very interesting course and at the same time to also gain some work experience. However, it is not impossible as you can either do an internship during your summer break or you can do a part time internship during your course. To do some work experience related to your field during your 3 year course will give you a high probability of landing a job soon after you complete your degree. For instance, if you postpone your internship/ work placement until after your degree you might somehow delay the chance of getting a paid position soon.

There are various organizations that offer very good career opportunities and internships to International Relations and Law students: UN (i.e. UNCHR one of the agencies based in London); BASIC (British-American Security Information Council); Chatham House (The Royal Institute of International Affairs); Independent Diplomat; The Institute for War and Peace Reporting and Amnesty International.

If you want to work in law firms or organisations specialising in Human Rights you can approach the following: Blackstone Chambers; Tooks Chambers; Bindman & Partners; Bar Human Rights Committee and Human Rights Watch.

A degree in International Relations and Law at London Metropolitan University will be challenging, thought-provoking and it will give you a variety of interesting options for your future career.

Make the best of it!

24 |

Dictum January 2011

www.dictumlawmagazine.com

Law Staff Section Welcome to the newest service that London Met has been beneficient enough to provide for you

Welcome to your

Agony Aunt

Say hello to Share’ it Blare

Dear Agony Aunt, I am aiming to get As on my final year, what is the most effective way to today? My name is Share’ it and I want to share achieve this? - Frustrated Geek your pains, woes, joys and happiness with you.

Well dear Geek. There is good news and bad I am here to help you get through the difficulty news. First I advise you to see your Personal you are having in your luxurious well funded Academic Adviser to ensure you have prolife as a student. I know you have nothing to do gramme planned and you have all your core except eat drink and be merry but in case any of subjects for a qualifying law degree. Secondly, you do want to get a job after this, and decide to and this is where the news gets difficult, you study and pass your degree, I am here. need to attend all lectures and seminars. Worse, still but completely necessary is the news that I have already received a small selection of you must work. Anyone who has got through to some of your troubles and I have done my best the third year of a law degree has real potential to give you sound advice. But I am always here and ability but you must work. The reply to the so I look forward to hearing from you. earlier question on an open book exams gives some clue. You need to prepare your work. See what you need for each subject and see how you Dear Agony Aunt, My feet smell and my nose are assessed. If it is exam, prepare doing timed runs. Am I upside down? From Confused answers and answers in no more than 2/3 sides Dear Confused. Yes. of paper so you are confident about completing the exam paper. If it is course work, do not leave it until the last minute. Revise and eat sensibly.

Dear Agony Aunt, I am doing a subject which Do not give up even if you are scared. We all get is an open book exam. Surely I do not need to scared. You need faith in yourself. Good luck work for this as all the information is in front of me. From Lazy Dear Agony Aunt, I have a girlfriend, but she Dear Lazy, this is a much more serious question is very demanding and I think I could not hold than the first and it deserves a serious reply. onto her while studying. But I really love her The answer is yes, you do need to work. You may to bits and I don’t want to lose her, however, have a text book with you in the exam but you my mates tell me that in order to do well in my need to know what you will be looking for and studies, I need to let go of her. HELP! - Anonymore importantly what answer you want to give. mous Bloke The text book may have pages, but which ones Dear Anonymous Bloke, do you want to use? You can spend the entire This is a really basic question but have you told exam just reading the book and copying bits out her any of this? What is she doing? Does she but it will not be a good answer and in fact is study and could she be going through the same likely to fail. Having the book will help because thing? Your mates are quite right about your you do not need to know everything verbatim work being vital but then so is your personal life. but you do need to know the areas and what you If you are at peace in your home life it will help will be arguing. When I did an open book exam your studies and can only give you a boost in we did not find it that much help because we did exams. I assume that she knows you are doing no prepare properly and we did think we could a degree and that it is hard work. If you have just read the book and copy it out. So it will help not told her even that it does not seem that you but prepare. have mush trust in each other and perhaps not a very deep relationship. Anyway tell her all now.

Dear Agony aunt. I heard a television reporter Tell her you love her. Well at least say how much say that there was no such person as Father you care about her if the “L” is a bit too much at Christmas. This has caused me emotional the moment. Explain how hard you need to work stress and I have missed three weeks from and arrange something special after exams. work as a result of the trauma. Can I sue?

Don’t forget that although you need to work Yes and I will be happy to take the case on a no you do need a break now and then. Buy her win all fee basis. In fact if there are other stuchocolates and have a night in with a film and dents in the same predicament we can mount a discuss things. Ask her to help you by keeping class action. your spirits up and plan what you both can do when the work ends. Good luck.

Hello my little angels, how are you all doing

Dear Agony Aunt, my flatmate is a pain. She is always on the phone until 3 in the morning talking to her boyfriend. Sometimes, she comes home very drunk. She really is getting into my nerves but I do not know how to confront her. - Desperate Flatmate Dear Desperate. Have you tried having the flat raided for drugs? If she drinks there could be other sins, any substances could be in your flat and if she is arrested, you have the flat to yourself. I have heard that persons convicted of possession of large size boxes of Ferrero Rocher have been given sentences for up to three years.

If you add on to that a conviction for a family size Cadbury’s fruit and nut bar by the time she gets parole and she has gone to a health farm to lose the weight she has put on, your degree will be finished.

Dear Agony Aunt, I have a problem with one of my lecturer. No matter how well I do, I only settle with B or C. I hear a lot of complaints about his teaching method. I have confronted him many times but I am concern that he does not want his students to do well. How would I approach this? - Student Who Dear Student Who, has this lecturer actually threatened you, say with a sword? Or suggesting death and destruction? No? Well it can’t be that bad can it? I have heard that bribes work well. Do you know why you think he doesn’t like you, are you asleep in class? Do you come into class late every time? These are common reasons for a lecturer to acquire a homicidal approach. Have you tried using your charm or your puppy dog eyes? Maybe you only open your book during lectures? How about you make a double effort to study? If none of these are present then as I suggested before, bribe. However, studying harder is a better option.

Every problem gets a personal reply free of charge.

Email agonyaunt.dictum@gmail.com

www.dictumlawmagazine.com

Dictum January 2011

| 25

Law Staff Section

The World Heritage Convention: An Effective Instrument in International Law

T

NIGEL TOFT teaches Constitutional Law and Environmental law as well as International Law and Politics, Issues and Controversies. He is the course organiser for the International Law and Politics course.

he Convention Concerning the Protection of the World Cultural and Natural Heritage was first agreed at the General Conference of the United Nations Educational, Scientific and Cultural Organization, meeting in Paris from 17 October to 21 November 1972, at its seventeenth session. More generally known as The World Heritage Convention,the Convention seeks to put under the protection of International Law a number of sites , both natural and cultural, that are considered to be of “universal value” to mankind, because , as the preamble to the Convention states, “considering that parts of the cultural or natural heritage are of outstanding interest and therefore need to be preserved as part of the world heritage of mankind as a whole.”

The idea of this convention grew out of the movement organized primarily by UNESCO to save the Temple of Abu Simbel in Egypt from disappearing under the waters of Lake Nasser that the Egyptian Government was planning to create as a result of the construction of the Aswan dam: that the Egyptian nation needed the hydro electrical power that would be generated by the dam was undoubted, but what was also very evident was the concern of the international community over the loss of this iconic and historic temple that ,quickly became viewed as not only the heritage of Egypt, but as the heritage of the whole of mankind and with the help of an international effort organized by UNESCO and others the temple was saved by being moved to higher ground.

However the concern generated by the prospect of the destruction of this historic site did not dissipate and the fact that the preservation and conservation of many other such sites of universal value to mankind should not be solely the responsibility and in the charge of national governments became part of international thinking of those concerned with the protection of the global environment.

26 |

Dictum January 2011

This concept within the growing body of International Law intended to protect the global environment became known as the “common concern of mankind “: it was one of a trio of concepts which came to be known in the terminology of international legal protection of the environment as the “global commons “, the other two being that of the “common heritage” and “common property” of mankind.

However because of the ubiquitous concern amongst nation states about the infringement of national sovereignty posed by the development of such legal concepts both these two categories, the common heritage and common property of mankind, have been given very restrictive interpretations indeed.

The third of these categories however, that within which the World Heritage Convention falls, that of the” common concern of mankind”, has been welcomed by the international community as an acceptable basis upon which to build a body of international regulation which can give a measure of international protection in a number of areas of environmental protection where it is clear that that an international concern is better served by concerted international action and oversight than the action and competence of national governments acting alone and thus being solely responsible for the protection of these places.

The United Nations Conference on the Environment held at Stockholm in 1972 carried these concerns into concrete form by the creation of a number of multilateral treaties designed to give expression to this “common concern of mankind “, of these treaties the World Heritage Convention and the CITES Convention (the Convention on International Trade in Endangered Species) have had a large measure of success in global implementation.

Under the provisions of the World Heritage Convention national governments are invited to nominate sites, both cultural and natural, within the territory of their states, for inscription on the World Heritage List. Obviously these sites must fulfill criteria ;that of “universal value “to mankind (though, as the large number of sites around the world, that have now been inscribed on the list this criteria has been given a very wide interpretation indeed), the nomination must also be accompanied by a commitment to preserve and conserve the nominated site. The nomination is then evaluated and submitted to the World Heritage Committee.

Therefore states that are parties to the Convention agree to identify, protect, conserve, and present World Heritage properties. States recognise that the identification and safeguarding of heritage located in their territory is primarily their responsibility. As stated above they have to agree to do all they can with their own resources to protect their World Heritage properties.

They agree, amongst other things, as far as possible to: • ‘adopt a general policy that aims to give the cultural and natural heritage a function in the life of the community and to integrate the protection of that heritage into comprehensive planning programs’ • undertake ‘appropriate legal, scientific, technical, administrative and financial measures necessary for the identification, protection, conservation, presentation and rehabilitation of this heritage’ • refrain from ‘any deliberate measures which might damage, directly or indirectly, the cultural and natural heritage’ of other Parties to the Convention, and to help other Parties in the identification and protection of their property The World Heritage Convention is administered by a World Heritage Committee, which meets annually and consists of 21 members elected from those States that are parties to the Convention. Elections are held every two years and members are generally elected for four years. Australia has been a member of the Committee on a number of occasions. In October 2007, Australia was elected as a member of the Committee for a four year term.

www.dictumlawmagazine.com

Law Staff Section The Committee’s main tasks are to: • decide on the inscription of new properties on the World Heritage List • discuss all matters relating to the implementation of the Convention • consider requests for international assistance • advise State Parties on how they can ensure States meet their obligations under the Convention to protect World Heritage Properties • Administer the World Heritage Fund.

The Committee is supported by a small secretariat, the World Heritage Centre, which is a part of UNESCO based in Paris, France The World Heritage List now includes 911 properties which form part of the cultural and natural heritage of the World : They range from the Taj Mahal in India, Stonehenge in the United Kingdom to Yosemite National park in the USA. The list includes 704 cultural sites, 180 natural sites and 27 mixed properties in 151 different countries. As of June 2010, 187 countries have ratified the World Heritage Convention.

The World Heritage Committee prepares and publishes a List of World Heritage in Danger that includes World Heritage sites threatened by serious and specific dangers, such as: • development projects • the outbreak or threat of armed conflict • natural disasters.

The Convention seeks state parties’ consent prior to any ‘in danger’ listing; however in cases where a site is threatened and there is no effective government in place, the Committee may reach a decision on its own. Each time that the Committee makes a new entry on the List of World Heritage in Danger, it is required to publicise the entry immediately: if however the concerns of the Committee are not addressed then the site can be removed from the list.

Two sites have been removed from the World Heritage List due to the failure of states to live up to their obligations:

Germany, 2009 On June 25, 2009 the committee of the UNESCO voted to remove the status of World Heritage Site of the Dresden Elbe Valley on the basis of the Waldschlösschen Bridge that is under construction since 2007 and will bisect the valley. The 20km long site had been selected as a World Heritage Site in 2004. The delisting was preceded by a long and protracted struggle between local Dresden authorities in favor of the bridge and their opponents.

A referendum had been conducted in 2005 about building the bridge without informing the voters that the UNESCO designation was at stake.

In 2006 the site was placed on the endangered list until 2008, at which time a one-year extension was granted. With construction of the bridge ongoing it was declined to grant a second extension, and at its 2009 meeting in Seville the committee voted 14 to 5 to delist the site. This represents only the second delisting of a World Heritage Site. While a majority of local residents polled indicated that Dresden can do without the UNESCO title, the delisting removes supporting funding and has been termed an “embarrassment”.

Nubian Monuments from Abu Simbel to Philae

Delisted sites Oman, 2007 In 2007, Oman’s Arabian Oryx Sanctuary was the first site to be removed from UNESCO’s World Heritage list.

The sanctuary had become a World Heritage Site in 1994. Poaching and habitat degradation had nearly wiped out the Oryx population. The delisting was done in accordance with the wishes of the government that reduced the sanctuary by 90 percent after oil had been found at the site. Only four breeding pairs of oryx were counted at the time of the removal of the designation.

www.dictumlawmagazine.com

A trust fund, the World Heritage Fund for the Protection of World Cultural and Natural Heritage of Outstanding Universal Value (the World Heritage Fund), is established under the Convention. The Fund is financed by contributions from state parties and contributions from private organisations and individuals.

Funds are used when state parties request assistance to protect their World Heritage-listed sites, and to meet the urgent conservation needs of properties on the List of World Heritage in Danger.

State parties can request international assistance from the World Heritage Fund for studies, provision of experts and technicians, training of staff and specialists, and the supply of equipment. They can also apply for long-term loans and, in special cases, non-repayable granted.

The provision of this funding and the publicity given to both the listing of a place as a World Heritage Site and the prestige (and the increased tourist revenues which result) , along with the prospect of the site being placed on the World Heritage in Danger List or the threat of delisting the site altogether has gained a wide degree of observance by governments for the Convention .

Despite the de-listing of the two sites mentioned above the World Heritage Convention has been regarded as a successful and effective international legal instrument : such notable successes as the prevention of the construction of an aluminum smelting plane in the Delphi Valley in Greece and of a hotel resort complex and golf course just next to the pyramids in Egypt are but just two examples of the positive effect of the convention , the very fact that governments have to place their development plans and conservation efforts under international scrutiny has had a most salutary effect.

Frontiers of the Roman Empire, UK© Judith Herrmann

Taj Mahal, India © E. de Gracia Camara

La Fortaleza and San Juan National Historic Site in Puerto Rico © Ulises Jorge

Dictum January 2011

| 27

Book Review

Year 2: Land Law David Burton

Modern Land Law,. Dixon, M. (2010), 7th Ed. – “Very comprehensive and enjoyable read over a broad and complex subject. At times it may seem ‘wordy’ but perseverance will provide good quality results whilst running well alongside the module”.

Best price found – £21.79 @ www.amazon.co.uk

Year 2: Law of Torts I & II

David Burton Tort,. Giliker, P. & Beckwith, S. (2008), 3rd Ed. – “Extremely well written and perfect for Tort I containing both basic and detailed information. In regards to Tort II however the textbook is lacking in detail in some areas, although saying that if you only intend to purchase one Tort textbook then look no further” Best price found – £24.59 @ www.waterstones.com

Year 3: Equity & Trusts

Gabriele Ruberto

Trusts and Equity,. Watt, G. (2010), 4th Ed. – “Not as comprehensive as you may think. You might prefer “Equity and Trusts directions”, by the same author, which is the suggested textbook for the equity and trusts modules” Best price found – £26.79 @ www.waterstones.com

28 |

Dictum January 2011

www.dictumlawmagazine.com

Blog Page

Rantings of a Madman T.F

F

irstly, welcome back everyone. I hope you all enjoyed your break, wherever you spent it. Hopefully the weather didn’t spoil any of your travel plans. Exams will be over soon and we will all be sitting and waiting with apprehension so see whether or not we have passed or failed. A pass means we can celebrate because we are slightly closer to getting a Qualifying Law Degree, but remember, it doesn’t mean we can sit back for the next semester. We still have to work hard. A fail, should you be unlucky is not the end of the world. You can still resit the exam. It will lower your final grade but if you work extra hard over the rest of your course, you can still bring it back up. Either way, don’t forget to go to see the lecturer for feedback on your coursework or your exam.

This is invaluable and we all need to use this resource more - myself included.

I don’t know why but I always find it easier to write these blog posts rather than the articles themselves. I suppose here, I can just let my thoughts flow whereas the articles need to have slightly more structure to them. Still, having said that I am feeling rather uninspired recently, I find it that I always feel like this from November onwards. From then onwards until January my life tends to revolve around university and trying to keep my head above the sea of deadlines. Sometimes, being successful, sometimes not. This seems to happen every year, and my conclusion? We need a reading week!

Almost every other university in the country has a reading week. For those of you who do not know what this it, it is a week off where students don’t have lectures, but instead are given time to catch up on reading and work. I genuinely don’t see the point in having such long summer holidays; I would rather start a week earlier and have a week off during the semester. I have spoken to several lecturers who agree with me. There have apparently been discussions on introducing one but it will be too late to affect us

The education movement has now proven to be the most consistent and active section of society, with the ability to mobilise and hold multiple large scale, nationwide protests at incredibly short notice.

Still though, I thought I would jump on the band wagon of protesting. The last few months has seen numerous protests regarding the unjust rise in tuition fees and the effects it will have on not only future students but also university teaching budgets which are being decimated by 80%. The right to peaceful assembly is guaranteed under the European Constitution of Human Rights and the majority of the students who protested were peaceful and yet the violent minority got all the coverage.

The right wing media managed to spin the coverage to suggest that the violent minority represented the majority. They did not! More than 90% of the protestors were peaceful and I despise the fact that it was the minority who had the vast majority of the media coverage. It is a sad state of affairs when in order to get media attention, protests need an element of violence.

I think this is a very poor representation of society. This ignorant minority, combined with the mainstream media have now given students a bad name, one that will take time to mend. The education movement has now proven to be the most consistent and active section of society, with the ability to mobilise and hold multiple large scale, nationwide protests at incredibly short notice. This is something to be very proud of, and everyone should take pride in the fact that they took part in peaceful protests and did not give in to the disruptive element bent on hijacking the protests.

There were lots of protests in the past few months which were non-violent and yet they didn’t make the news. I did not see a single article in the mainstream media about the numerous university occupations that were going on around the campus, protesting against a rise in fees and teaching cuts. In fact, if it wasn’t for social media, I would not have known about any of the occupations apart from the one at London Metropolitan. London Metropolitan incidentally holds the record for student occupations.

I finish by saying well done and good luck. Well done to past, present and future students and lecturers for standing together in what has been the biggest protest movement since the ‘Stop The War March’. Finally, good luck to all those who are awaiting to hear back from exam and coursework results and to all those third year students waiting to see if they have got a place on an LPC or BPTC course.

You can catch T.F by google search

“Rantings of a Madman Dictum”

30 |

Dictum January 2011

www.dictumlawmagazine.com

Photo Journal

www.dictumlawmagazine.com

Dictum January 2011 |31

Dictum Team 2010-2011 EDITORIAL BOARD Chief Editor Kristoffer James M. Canlas Features Editor Kamila Jafri Writers Jasmin Atrafshan Fazl Buchari David Burton Marie Grace De Jesus

Associate Editors Gordon Nixon and Steven Robinson News Editor Gabriele Ruberto Augustas Jankauskas Giadda Mandrelli Ayodeji Oladimeji Megan Elizabeth Warren

Guest Writers Tim Kevan Peter Lampier Layout and Design Kristian Jasper M. Canlas Printer London Met Enterprises Ltd. Print Centre 81A Benwell Road, London N7 7BW Tel: 02071332023 Fax: 020771332091 Photo credits: All photos Courtesy of their respective owners.

All rights Reserved

Careers Editor Mohammed Akbar Advisers Lesley Neenan Edwin Shorts Nigel Toft

Marketing & Promotions Sabrina Flynn Jasmin Atrafshan Chloe Firman

To join Dictum on Facebook: http://www.facebook. com/home.php?#!/group. php?gid=153976581283562 Website: www.dictumlawmagazine.com Follow us on twitter: http://twitter.com/DictumLMet#

Cover Page: Courtesy of Law Office of William G. Harris http://wgharrislaw.com/ Copyright Š 2010. No part of this publication may be reproduced or altered by any means including photocopying without prior consent of Dictum. This is subject to the exception of photocopying by careers adviser or lecturer. All items so used should be fully acknowledged.

The views expressed in articles are those of the authors and their publication does not necessarily imply that such views are shared by the Faculty of LGIR or by London Metropolitan University. Whilst every care has been taken in the compilation of this publication, the publishers cannot accept responsibility for any inaccuracies or for consequential loss arising from such inaccuracies, or for any loss, direct or consequential, arising in connection with information in this publication.

Comments and Suggestions: email editor.dictum@gmail.com or visit www.dictumlawmagazine.com Dictum would like to thank Tim Kevan, Lord Maurice Glasman, Peter Lampier, Owsun Abebrese, Nigel Toft, MetSU, our sponsors and to our advisers for their invaluable contribution and support to make Dictum Law magazine possible.