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The Honourable Society of the Middle Temple

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The Middle Templar Issue 54 Michaelmas 2014


Treasurer: The Rt Hon The Lord Judge Deputy Treasurer: Stephen Hockman QC Lent Reader: Stephen Lloyd Esq Autumn Reader: Her Honour Judge Isobel Plumstead Editorial Consultant: Adam Speker Editor: Colin Davidson Assistant Editors: Amy Mason Dimpy Sanganee Photographs: Chris Christodoulou John Darley And the Inn’s own Design: Nrinder Dhillon at John Good Ltd Printed by: John Good Ltd, Progress Way, Binley, Coventry, CV3 2NT Advertising: John Good Ltd, Progress Way, Binley, Coventry, CV3 2NT Front Cover Photo: The Cupola Middle Temple Hall by John Darley Contacts: General Enquiries The Treasury Office Ashley Building Middle Temple Lane London EC4Y 9BT T: 020 7427 4800 F: 020 7427 4801 E: members@middletemple.org.uk W: www.middletemple.org.uk Estates T: 020 7427 4840 E: estates@middltetemple.org.uk Events T: 020 7427 4820 E: events@middletemple.org.uk Finance T: 020 7427 4800 E: finance@middletemple.org.uk Library T: 020 7427 4830 E: library@middletemple.org.uk Security (24 Hours) T: 020 7797 7768 E: security@middletemple.org.uk Temple Church T: 020 7353 8559 E: catherine@templechurch.com

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Under Treasurer’s Foreword GUY PERRICONE A very warm welcome to the 2014 edition of The Middle Templar, my first such edition since succeeding Catherine Quinn as Under Treasurer at the end of 2013. Although I am not quite one year old, it provides a welcome opportunity to catch my breath and look back over a very eventful 9 months or so for the Inn and for me. Even in this short period, the experiences I have been afforded have been incredible: from meeting our Royal Bencher, HRH The Duke of Cambridge at Kensington Palace as a member of the Princes’ Charities Forum, and Benching the US Ambassador in our magnificent Hall (a special occasion for someone of American heritage) to spending a fascinating day in Wood Green Crown Court seeing justice administered. I have greatly enjoyed all our Inn events – Bench and Student Calls, Private Guest Nights, wonderful Music Nights and excellent dinners (although I fear I will need to invest in some new and larger suits). The learning curve has been steep, interesting and very enjoyable, and I feel privileged to have been allowed to join this unique institution. I have often been asked in these first months if the role is “what I expected”. This is not an easy question to answer as, in truth, I am not sure what I expected. Being an Under Treasurer of an Inn is not a role for which there is a straightforward job description, and the range of skills required is wide: this is also evident from the different routes by which my fellow Under Treasurers at the other Inns have arrived at their positions. It is precisely this variety and combination of (in management speak) “hard” and “soft” skills that make the role so fascinating. One of the most enjoyable aspects of the role is that I have been able to meet and work with some exceptional people: Benchers, members, students, supporters, our friends at the Temple Church and the other Inns, and, most vitally for me, my colleagues and staff. I am extremely grateful to all for your warm welcome and assistance in these first months. The diverse nature of the Inn’s activities is reflected in the fascinating contributions you will find in this edition of

The Middle Templar. Articles range from Master Symons’s review of the very successful amity visit to Malaysia in 2013, to Master Wood’s important essay on the role and purpose of the Inns. Our strong links to the theatrical world are reflected in Master Arlidge’s article on two Shakespearian events in our Hall, while Master Jenkins looks back on his fascinating career at the employed Bar and as Treasury Solicitor. And I am sure many of you will enjoy our former Head Porter Barry Homer’s reflective piece on his time at Middle Temple. In his contribution, the Master of the Temple, Master Griffith-Jones, presages what will be a very important event in 2015, the commemoration of the 800th anniversary of Magna Carta, an event of national and international significance which will be especially marked by Middle Temple and the legal community next year. I realise I have joined the Inn at a challenging time for the Bar, and for some sections of the Bar, an extremely difficult time. It was ever thus, some may say. But, as Master Treasurer highlighted in his keynote lecture on “The Future of the Inn", changes in the professional landscape and, very importantly, the changes which are being brought about by the technological revolution, mean that the Inn has to consider its future direction most carefully. During my recruitment, I heard much talk of the “ethos of the Inns”: as suggested above, it is not easy to know what this means until one has had the chance to live it and see it in action. I cannot pretend to have fully understood or absorbed this ethos in 9 months, but I believe I have the beginning of a sense of this, of the vital role it plays in fostering professional respect within the Bar, and in maintaining the quality for which the Bar is internationally renowned. Whatever decisions we may make about our future, and whatever changes these may bring, the need to retain that special ethos and the many benefits that flow from it, will remain an imperative for us.

“I am extremely grateful to all for your warm welcome and assistance in these first months.” 

Under Treasurer's Foreword

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Contents 1

Under Treasurer's Foreword

34 Middle Temple Mentoring Scheme

Guy Perricone

4

From Master Treasurer

36 Magna Carta and the Temple

The Rt Hon The Lord Judge

6

The Inn's New Governance Structure

Under Treasurer

39 Magna Carta Events Calendar 40 Magna Carta, Religion and the Rule of Law

10 Amity Visit to Malaysia

Master Christopher Symons

12 Is Your Name Temple? The Story of the Temple Foundlings

Master Stephen Lloyd

14 Friend and “Traitor”: Master Barzun

Master Chantel-Aimée Doerries

16 Called to the Bard

John Curtis

18 Palpable Hits: The 450th Anniversary of Shakespeare's Birth

Master Anthony Arlidge

20 What are the Inns For?

Master Derek Wood

24 Reflections on a Career at the Employed Bar

Master Paul Jenkins

26 Dickens, the Barrister’s Clerk and the Clerks’ Dinner 2014

Abigail Bright, Annabel Timan, Kate O’Raghallaigh

28 From Brooklyn to Bencher

Master Michael Rubenstein

30 BACFI: The Specialist Bar Association for the Commercially Employed Bar

Christiane Valansot

32 A View from the Hall Committee

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Zoe O’Sullivan

Louise McCullough Master of the Temple

Master of the Temple

42 Google Spain and ‘The Right to be Forgotten’

Guy Vassall-Adams

44 Chrystal Macmillan (1872-1937): A Scotswoman at the Inn

Rose Pipes

46 Temple Women's Forum: The Road Not Taken Emily Rayner 48 Alternative Careers: Day in the Life of a Legal Academic

Catherine Hale

50 Choral Evensong and Dinner for the Lord Mayor and Corporation

Master Julian Malins

52 “No ray of sun” - World War I and the Middle Temple

Bijan Omrani

56 35 Years Before the Mast Followed by 10 Years at the Temple

Barry Homer

58 The Professional Negligence Bar Association

William Flenley QC

60 The Four Jurisdictions Conference

Master Guy Mansfield


Education Section

91 London Legal Walk 2014

62 A Double Charitable Effort

92 Science Fiction for Lawyers

Master Janice Brennan

64 Middle Temple Scholarships 66 The Middle Temple Students' Association

Ali Khan and Adrienne Ryan

68 Moot Exchange: Middle Temple in North Carolina

Master Pat Edwards

70 Mooting

Caislin Boyle

72 Debating

James Rondel

74 Middle Temple Access to the Bar Awards

Ubah Dirie

76 Changing Perceptions

Master Stephen Hockman and Emily Lanham

78 Marshalling in a Tribunal Setting

Judge Alison McKenna and Lara Hassell

80 Middle Temple Young Barristers’ Association

MTYBA Committee

81 Judicial Review Competition Final

William Horwood

82 The Gentleman's Magazine

Hilary Woodard

83 The Judge

Shazeeyah Akhtar

84 The Council of the Inns of Court: A Year of Change

James Wakefield

85 COIC Pupillage Matched Funding Scheme

Nathalie Lieven QC

86 The Advocacy Training Council

The Hon Mr Justice Green

88 Hampel Across the Sea

Master David Wurtzel

90 Kalisher Trust

Master Anthony Clarke Master Judith Parker

94 D  ubious Legacies of Linnaeus and James I in Middle Temple Garden

Kate Jenrick

95 The Revenue Bar Association

Jonathan Peacock QC

96 Book Review: The Men of Court 1440 to 1550

Master John Mitchell

97 2014-15 MT Historical Society Calendar 98 Careers at the Employed Bar

Master Andrew Clarke

100 Music Nights in Hall

Master Stanley Burnton

102 A Libel Revolution

Adam Speker and Felicity McMahon

104 A Day in the Life of Middle Templars 108 Gloriana

Master Jeremy McMullen

109 The Biennial Survey

Lucy Bone

110 Library’s Rare Book Collection

Renae Satterley

112 Library Book Donations 113 Justice (Brigadier) D. M. Sen: Celebrating 100 Years 114 Temple Church Calendar 2014-15 115 Temple Church Weddings 116 Book Review: Stephen Ward Was Innocent, OK

Kirsty Brimelow QC

118 New Masters of the Bench 122 Obituaries 125 In Memoriam 126 Staff News 128 Middle Temple Events Calendar 2014-15

Dr Camilla Barker

Contents

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From Master Treasurer THE RT HON THE LORD JUDGE There are many ways in which the Inn is thriving. In particular we continue to attract many talented aspirants to the profession. Our education and training and the financial support offered to young men and women from financially disadvantaged backgrounds confirm my belief that background, racial origin, religious creed, sexual orientation, or indeed many of the areas of potential discrimination have been eradicated from the process of recruitment to the Bar. Anyone who sees the work done at Cumberland Lodge and York weekends would be filled with confidence both that there are candidates of serious quality and that everyone receives the same equal attention from their teachers. The Inn is indebted to all those volunteers who contribute to the education and training programmes of the Inn, and also to those who, perhaps equally unsung, spend a great deal of time on the Scholarship Committee to ensure that financial disadvantage will not obstruct the road to the Bar of a good quality candidate. The other striking feature of the life of the Inn, again often overlooked, is the contribution made to its successful working by our staff. Just because I have been here virtually

Now to less pleasing matters. Some of you will have attended, and others of you may have read, the lecture I gave on 14 July, “The Future of the Inn”. I am perfectly well aware that while all of you may agree with some of it, none of you will agree with all of it. As Treasurer I have no magic wand, nor indeed any particular authority to assert and implement my own views. The Treasurer holds office for one year only. None of us has power to bind the Inn for the future. What, however, I urge the Inn, and the entire membership to do, is reflect on the issues I have raised and make positive decisions about them, even if the positive decision is to disregard any particular suggestion of my own. What the Inn cannot survive is drifting indecision. This, however, is not the place to reargue the contents of the lecture. I should simply like to highlight that there is an alarming disconnect between the Inn and its members who practice on the circuits, and the Inn and many of its many Hall members, who practice in and about London. In other words the problem is not simply confined to the circuits: it extends to the broad body of members who are neither students nor benchers. My view, fortunately shared by Stephen Hockman,

“As I said at the outset, for me, this has been a year of privilege.” daily, and for most of the day and many evenings, I have witnessed many moments when the devotion and loyalty of the staff to the Inn has been demonstrated. To give one tiny example, I never fully appreciated the sheer physical effort required rapidly to clear the Hall after lunch and prepare for a Dinner or a Concert, or any social event, and to remove the debris and once again rearrange the furniture after the event has taken place. I cannot help noticing, by way of further example, the sheer friendly kindness and support offered to elderly and now somewhat physically fragile residents of the Inn. Notwithstanding the consequence of financial difficulties which are leading to significant changes in the pension arrangements of long serving staff, their efforts on behalf of the Inn are undiminished. It is easy to write or speak about a family atmosphere, but it can exist, and in my experience does exist here, and we are indebted to our staff for it.

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Christopher Clarke, and Guy Perricone, our new Under Treasurer, for whose constant support this year I am indebted, is that these disconnects must be urgently addressed. I have visited the circuits and enjoyed listening to the views of the members. The pattern of visits by future Treasurers to the circuits will continue. Benchers from the circuits have agreed to act as links between the Inn and the circuits. We have taken account of what we have been told, and sought the views of the membership about what they think we can do for them, rather than seek to impose what we, at the later end of our careers, think they might find useful. We have also endeavoured to strengthen the Hall Committee. By that I do not mean to strengthen the quality of the members, who in my view are magnificent in their energy and commitment, but in the impact on the governance of the Inn as a whole of the Hall Committee. This process would be encouraged


if the election of members of the Hall Committee attracted a greater interest among the electorate. The strengthening of our links with the circuits and Hall is, I accept, largely the responsibility of the Inn and Benchers, but there must be a two way process. Members would help if they kept us informed of changes to contact details, signed up to the website and, whenever possible, read the Inn’s termly e-news. And, those who sign up to be the Inn representative in chambers, keep the members up to date with what we are doing, and let us, or the Hall Committee, know their grievances and concerns. The Hall Committee represents the future of the Inn and it should, in my view, have a more direct impact on its governance and greater influence on the development of future strategy. My impression is that the recent, radical changes to the governance arrangements for the Inn may not have made sufficient provision for the Hall Committee. Plainly this will be a question for Parliament, and if the Hall Committee is to play a greater part in the governance of the Inn, its membership may have to be increased so as to protect the current members of the Hall Committee in busy practice from excessive burdens. Pending any formal changes to the governance arrangements, the Treasurer’s



co-option authority may be deployed more readily in future. I have particularly urged those of you who have sensed a disconnect from the Inn to read this edition of the Middle Templar. If you do, you will be staggered by the sheer breadth of the work in which the Inn, or individual members of the Inn, are involved. In one, or indeed a number of the contributions, each one of you is likely to find something of positive interest with which you, in your turn, may wish to be associated. You may also wish to notice some of the new arrangements which have been, or are about to be brought into effect, with a view to better serving your interests. As you turn the pages I hope that you will be encouraged to join in the drive to bring the Inn and its members closer together and narrow as closely to extinction as practicable the disconnects to which I have referred. In the meantime, writing this at the end of July, with August and September ahead, I myself am acutely aware that I have already travelled well over half of my year as Treasurer. The year has been accompanied by generous support and infectious enthusiasm on all sides. As I said at the outset, for me, this has been a year of privilege.

From Master Treasurer

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The Inn’s New Governance Structure GUY PERRICONE, UNDER TREASURER As noted in previous editions of The Middle Templar, in 2012, the Inn initiated a major review of its governance structures, led by Master Paul Jenkins and the then Under Treasurer, Catherine Quinn. Their report was submitted to, and approved by, Parliament in October 2012. This review was supplemented and completed by the Governance Working Group on Appointments, chaired by Master Michael Blair, which reported to Parliament in July 2013. The new governance regime came into effect on 1 January 2014. The overall objective of this review was to ensure that the Inn is adopting best practice with regard to its governance. The review sought to ensure greater clarity in the Inn’s core purposes and in its decision-making processes, as well as to create an efficient and transparent structure which would be best placed to implement the Inn’s strategy in a coherent and aligned manner. The new structure is set out in the diagram opposite, and has, at the time of publication, been in operation for almost 9 months. Parliament remains the supreme governing entity of the Inn, with final authority to approve key strategic matters. It is also responsible for electing new Benchers, as proposed by the Bench Advisory Selection Committee. There are usually three Election Parliaments each year at which new Benchers are elected, as well an Appointments Parliament for electing officers of the Inn, such as the Treasurer and the Readers. As an innovation, the governance review proposed an annual Debate Parliament, at which an issue of major significance affecting the Inn could be discussed in greater depth. The first such Debate Parliament was held in April 2014 on “The Future of the Inn”. Responsibility for overseeing and monitoring the conduct of the Inn’s affairs lies with the Executive Committee. Chaired by the Treasurer, its membership consists of the Deputy Treasurer and Deputy Treasurer Elect, as well as the chairmen of each of the four Standing Committees (see below), the Deputy Chairman of the Education and Training Standing Committee, a representative of the Hall Committee, a (non-voting) representative of the Middle

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Temple Students’ Association, and five elected Masters of the Bench. These elected members hold office for four years, and new procedures have been put in place to provide an open nomination and election process. The Under Treasurer and the four Executive Directors also attend meetings of the Executive Committee. Reporting to the Executive Committee are four Standing Committees. These reflect the core activities of the Inn, and are directly aligned to its key operational departments: Education and Training, Finance and Resources, Estates and, as a new committee, Membership. There are some variations in the precise membership of the four Committees, but each includes a mix of Benchers and Hall members. Again, new provisions have been put in place relating to the election of the Chairmen of these Committees and also of their membership. Chairmen and Committee members hold office for four years. Additional members may be co-opted onto a Standing Committee for a period of up to 2 years. Relevant members of the Inn’s management team also attend these meetings, including the Under Treasurer and the relevant Executive Director. Each Standing Committee may also establish Sub-committees and/or Working Groups to focus on particular areas or initiatives within the overall remit of the Standing Committee. There are also a number of other Bench offices relating to specific responsibilities within the Inn which are entrusted to a number of individuals. These include the Director of Middle Temple Advocacy and the following “Masters”: Wine, Moots, Silver, House, Gardens, Archive, Library, Debating, Events, IT, Music, Revels, Kitchen and Statutes. Each of these Masters holds office for three years, renewable for one more three-year term, and is accountable to his or her relevant Standing Committee. Increased accountability is an important feature of the new governance structure. This includes a requirement that each of the Standing Committees must submit a written


Committee Structure 2014 Parliament

Executive Committee • • • •

Education & Training •E  & T strategy, policy & support • Conduct, Discipline & Regulatory Affairs (S-C) • Scholarships & Prizes (S-C) • Advocacy training • Other ( i.e. non-advocacy) training

Oversight of the Inn’s business affairs Development of Inn-wide strategy Coordination of Inn policy Business Continuity Planning Master of the Statutes

Membership •M  embership-related strategy, services& support • Bar-related policy • Professional regulatory affairs • Development of social & professional services • Events and participation • Liaison with Hall Committee, MTYBA and MTSA

Estates • • • • • • •

Estate strategy Lease policy Rents & Tenancies Security Car parks The House Garden

Other Statutory Committees: Appointments Committee Audit & Risk Committee BSAC Church Committee Choir Committee Hall Committee

Finance & Resources • • • • • • • • • •

Financial planning & budgets Investments (S-C) Finance Audit Asset & Risk Registers Charitable Trusts Pension Trust Staff remuneration (S-C) Archive IT Library

Master Andrew Hochhauser (Chairman) Master Bernard Richmond (Deputy Chairman)

Master Maura McGowan (Chairman) Master Gerard McDermott (Deputy Chairman)

Master Paul Darling (Chairman) Master Stephanie Barwise (Deputy Chairman)

Master Richard Miller (Chairman) Master Philippa Whipple (Deputy Chairman)

Relevant Masters:

Relevant Masters:

Relevant Masters:

Relevant Masters:

Director of MTA Moots Debating

Events Kitchen Music Revels Silver Wine (S-C)

House Garden

Archive IT Library

Key: (S-C) Sub-Committee

Director of Middle Temple Advocacy Master of the Archive Master of Debating Master of Events Masters of the Garden Master Master Master Master Master Master Master Master Master Master



of of of of of of of of of of

the IT the the the the the the the the

House Kitchen Library Moots Music Revels Silver Statutes Wine

Master Master Master Master Master Master Master Master Master Master Master Master Master Master Master Master

Derek Wood Michael Ashe David Reade Michael Gledhill Judith Parker and Stephen Lloyd Ian Mayes Robert-Jan Temmink Marilynne Morgan Peter Sussman Richard Wilmot-Smith Stanley Burnton Stephanie Farrimond Ian Burnett Rodney Stewart Smith Ian Mill

Chairmen of the other Statutory Committees Appointments Committee: Master Treasurer Audit and Risk Committee: Master Ros Wright Church Committee: Master Ian Mayes Choir Committee: Sir Anthony Hooper (Inner Temple) Hall Committee: Zoe O'Sullivan

The Inn's New Governance Structure

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report annually to the Executive Committee, and also to Parliament. The Executive Committee must submit a similar report to Parliament. In addition to the Standing Committees, there are a number of additional committees with specific responsibilities. These include the Bench Selection Advisory Committee (described above), the Appointments Committee (responsible for the process of identifying and nominating key officers of the Inn), and the newly-established Audit & Risk Committee, responsible for ensuring that proper procedures are in place to monitor and minimise risk in the Inn’s activities. Also the Hall Committee provides a crucial link between the Inn and its barrister members of all seniorities. Responsibility for the Temple Church is shared with Inner Temple, and the Inn provides members of the Church and Choir Committees.

“Increased accountability is an important feature of the new governance structure.”

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The Inn's New Governance Structure

The effectiveness of this structure depends in very large part on the willingness of members of the Inn to commit their time and expertise to these committees and other offices. The Inn is very grateful to all those who generously serve in these capacities. It is also important that membership of all these committees and offices remains fresh and is replenished on a regular basis. New processes have been introduced to ensure that terms of office are clear and are observed. Opportunities will arise in the course of each year for appointment to these various committees and offices: these will usually be publicised on the Inn’s website and through other channels. Members of the Inn are encouraged to submit their expressions of interest when such opportunities arise, and otherwise also to inform the Under Treasurer of any particular interest they may have to serve in any of these capacities in the future.


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Amity Visit to Malaysia 18-21 SEPTEMBER 2013, MASTER CHRISTOPHER SYMONS One of the privileges of being the Treasurer of the Inn is the opportunity to lead a group of Middle Templars to an overseas venue to interact with judges and lawyers in a different jurisdiction. In late September 2013 some 19 Middle Temple delegates and 10 spouses/partners went to Kuala Lumpur (KL) for a Conference with Malaysian lawyers and judges and to renew links with the Malaysian Middle Temple Alumni Association. The theme of the conference was “The Rights of the Individual vs those of the State” and we had conference sessions on Privacy and Rights of Reputation, on aspects of Criminal Law and on Planning and the Environment. The Prime Minister of Malaysia. Y.A.B. Dato’Sri Haji Mohammad Najib bin Tun Haji Abdul Razak, opens the conference.

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After a Wednesday evening get-together for our delegates and the Malaysian speakers the conference started in earnest at lunchtime on Thursday. We were honoured that the Prime Minister of Malaysia, Y.A.B. Dato’Sri Haji Mohammad Najib bin Tun Haji Abdul Razak, came to open the Conference and made a welcome speech. This resulted in a certain amount of press coverage of the event. He was presented with copy of the History of the Middle Temple and the conference then got under way. Master Moloney chaired our first session on The State and Individual Rights of Reputation and Information. Master Page and Master Spearman spoke as did Ang Hean Leng a young Malaysian lawyer who had a successful practice in Malaysia and had also been a research fellow at Melbourne Law School where he researched defamation law in Malaysia, Singapore and Indonesia. On Thursday evening we were entertained at a Reception at the British High Commissioner’s residence before being taken out to dinner at various venues by our generous Malaysian hosts. On Friday morning we were honoured that the Attorney General of Malaysia, Tan Sri Datuk Seri Panglima Abdul Gani bin Patail, opened our session on the Criminal Law. He spoke on Preventive Detention and explained some of the difficulties in Malaysia caused by organised gangs. Our Criminal Law session on Trial Process followed, chaired by Master Jenkins with Master Bartle and Mr Justice Mohamed Apandi as panellists. The other criminal session, which followed after a mid-morning break, was Statutory/legal presumptions as evidence in Criminal Cases. This was chaired by the Deputy Solicitor General of Malaysia Datuk Tun Abd Majid bin Tun Hamzah and the speakers were Louise McCullough and Dato V. Sithambaram. Friday afternoon turned to Planning and Environmental Law, a session which I chaired, with Master Holgate, Master Hockman and two heavyweights from Malaysia (Master Cecil Abraham and Tommy Thomas) as panellists. All the sessions were well attended and resulted in some lively discussion from panellists and delegates alike. The event was very well organised with the close collaboration of the Malaysian Middle Temple Alumni Association who helped prepare speaker bios, gather delegate lists, produce delegates’ badges and generally ensure a good turn out from their side. Well over 100 Malaysian delegates attended on Thursday; and some 70 or so came to the sessions on Friday. On Friday the spouses/partners had a trip to Royal Selangor to watch others craft, and to craft their own, pewter


items and then repaired to lunch at the Petroleum Club in the Petronas Tower. They also went up to the 83rd floor to admire KL from above. All this was kindly organised by Beatrice Abraham, Master Abraham’s wife, with the assistance of Sue Symons on the English end. On Friday evening the whole of the English delegation was entertained at the Abrahams’ house which was not only extremely generous but a most enjoyable occasion. On Saturday we turned our attention to the Malaysian judges and travelled a little way out of KL to Putrajaya, the seat of the higher courts and of the Government. The session we had with the Malaysian judges, about 75 of them, was undoubtedly a highlight. We fielded our first team led by Master Judge (Master Deputy Treasurer), Master Christopher Clarke and Master Jenkins while we heard from the Chief Judge of Malaya Tan Sri Zulkifli bin Makinuddin, Madam Justice Nallini Pathmanathan and other senior members of the Malaysian judiciary. This was followed by lunch hosted by the judges, which included the Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum, in the Palace of Justice. Saturday evening was the turn of the Malaysian Middle Temple Alumni Association to host a dinner. This was attended by 330 people in the ballroom of the Mandarin Hotel and throughout the evening pictures and films of the Middle Temple and Temple Church were on screens round the room. The President of the Alumni Association is Tun Mohammed Dzaiddin bin Haji Abdullah and once again Master Abraham was instrumental in ensuring that so many Malaysian Middle Templars attended the event. An immense amount of work was done by the Secretary of the Association Nadesh Ganabaskaran and the committee members Shaun Paulian, Honey Tan Lay Ean and Charlaine Adrienne Chin to make this a truly memorable evening. More speeches were made by Master Treasurer, Master Deputy Treasurer, Master Abraham and the President of TMMTA Mohammed Dzaiddin. Conclusions This was I believe a very successful trip. We were made to feel most welcome and there is a genuine affection for Middle Temple (and the other Inns) in Malaysia. They very much appreciated that we had made the effort to travel. It was undoubtedly important to our trip that we had with us, in our then Deputy Treasurer, a very senior member of the Judiciary and I am most grateful to Igor, and his wife Judith, for accompanying us so soon after the rigours of life as Lord Chief Justice.

Officers and Members of the Malaysia Middle Temple Alumni Association, including Master Cecil Abraham, with Under Treasurer, Master Treasurer and Master Deputy Treasurer, at the time.

The organisational skills, hospitality and generosity of Cecil and Beatrice Abraham in Malaysia, together with Master Abraham’s team from his chambers and members of the Alumni Association Committee, cannot be understated. Without someone so well respected in the country to assist, these trips would certainly be less successful. Finally one of the things I said in my speech on Saturday evening was the possibility of hosting a weekend in London for all our overseas members, which could perhaps take the form of a dinner on Friday or Saturday evening and an interdenominational church service on Sunday and no doubt other events. This would need to be planned well ahead and the date probably publicised 18 months ahead. Perhaps 2016 would be a sensible target for the first one. Just as we need to keep in touch with our members around the circuits in this country so too do we need to keep in touch with our overseas members. Master Symons was Treasurer in 2013. He has a predominately commercial practice and considerable experience in domestic and international arbitration. He was Head of Chambers at 3 Verulam Buildings from 1999 to 2009 and sits as a Deputy High Court Judge in the Queen’s Bench, Chancery Division and in the Administrative Court.

Entertainment at the closing dinner at the Mandarin Hotel Kuala Lumpur.



Amity Visit to Malaysia

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Is Your Name Temple? The Story of the Temple Foundlings MASTER STEPHEN LLOYD Mary Wright’s bill paid by John Raphson, Treasurer of the Middle Temple for “the keeping of little Richard Temple…” amounting to £2:7s:2d

Indenture apprenticing George Temple to Henry Wakeford of Isleworth, whitesmith for a term of seven years, upon the payment of the sum of £10 by the Middle Temple. Dated 11 May 1733.

If asked to name a notable guardian from history, you might manage one from fiction, say Mr Jarndyce – guardian of Richard and Ada the wards in Chancery – from Dickens’ novel Bleak House, but would you nominate an Inn of Court? Probably not. But that was the role that Middle and Inner Temples played in the 17th and 18th centuries (and probably well before that) to hundreds of babies and young children abandoned within their respective estates. The scandal of abandoned children was wide-spread. It was the sight of abandoned babies, dead or dying, in the streets of London that led Thomas Coram to start a movement to build and run the Foundling Hospital in Bloomsbury. Thomas Coram was a retired sea captain who had made his fortune in the Americas; the Foundling Hospital was built on a site now called Coram Fields, at the time, open farm land on the northern border of London. The Foundling Hospital opened in the mid-18th century; its objective was to provide a place of safety where a desperate mother unable to care for her child could go and leave the baby to be brought up by the hospital. By the turn of the eighteenth century the number of children abandoned – or in the language of the time dropped, or, exposed – in the Middle and Inner Temples was dramatically increasing and became a matter of concern

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to the Benchers. Ironically the opening of the Foundling Hospital does not seem to have reduced the problem for the Inns. If anything it may have made their problem worse because the hospital had limited capacity and had to turn many away; the Inns of Court were a convenient dropping place nearby. The Middle Temple – and only the Middle Temple – kept a register of children found on its premises. It did not do so from the outset; we know from the records of the Inn’s Parliament that the Inn had been responsible for foundlings abandoned on its estate for a long time but apparently no-one had seen the need to keep any record. However in the first quarter of the 18th century there was a growing awareness of a serious problem and in 1728 Parliament decreed that each Treasurer on assuming office should be informed of the children under the care of the Inn. That seems to have led to the compiling of a register of the children found in the Inn. That register has survived and is held in the Inn’s archives. It records the name of the child, where it was found, when it was baptised, the name and address of the nurse to whom it was fostered and what happened to the child. All the babies were baptised in the Temple Church and given the surname ‘Temple’. They were put out to the care of foster mothers, called nurses, paid by the Inn; the


Inn also met the childrens’ other needs including health and education and in due course the cost of apprenticeship usually £10 – a not insignificant sum. Many of the foundlings died. About 65% of those listed in the register died within the year. To our eyes that is a shocking figure but it has to be seen in context. About ten years after it opened, the Foundling Hospital went through a period of state funding (General Reception) when it was compelled to take all children presented to it: during that period it had a rate of death within the first two years of about 61%. In the workhouses the death rate for new-borns could be as high as 90% and a survey in 1765 recorded two parishes in London with death rates of 100%. Given that the Inn was not set up to receive abandoned children and that in any event many of those dropped would have been only a few weeks old or in poor health when found, its mortality rate was as good as, if not better than, could reasonably be expected. Many babies survived only a few weeks: the entry for William Temple, aged about 18 months when found at 5 Essex Court noted that “the child appeared when found to be almost starved to which its death was attributed”; William was found on 13 March 1801 and survived just three weeks. Timothy, found in Fountain Court on 16 April 1740, lived for just a week. Why did the Middle and Inner Temples take on the responsibility? One would like to say that it was simply an example of altruism existing in an otherwise brutal age. However the reality is more prosaic – they had little or no choice. The two Inns were extra parochial i.e. they did not form part of any parish. Provision for the poor, including foundlings, was administered through the parish and the responsibility for a new born child fell on the parish in which it was born. However, when a child was found within the Inns there was no way of telling where it had been born and so the Inns had no option but to assume responsibility. The Inns took steps to protect itself from the practice with special instructions to the porters and rewards being offered for information which would lead to the apprehension of those responsible for abandoning a child. Whether a foundling became the responsibility of the Inner Temple or the Middle Temple depended on precisely where it was dropped, and this was occasionally a matter of dispute between the two Inns. If it did not seek the role of guardian, the Middle Temple discharged its duties fully and with compassion. Had it wished to rid itself of the problem at minimum cost or inconvenience, the Inn would surely have fostered children well away from London or put them out to work at the earliest possible moment – the army or navy for the boys and domestic service for the girls, but it did not. The nurses engaged to look after the children were often living close by the Inn, and a few lucky children were fostered by servants of the Inn. In one case, Sara, abandoned in Brick Court, was fostered by the wife of a former foundling, Jonah Temple, who had been abandoned in 1713 and apprenticed 18 years later to a gunsmith in Bell Yard. Jonah was apprenticed late; the more common age was 14 or 15 years. Both boys and girls were apprenticed to learn a trade, often with craftsmen or women working near the Inn. In one case a former foundling who had been apprenticed to a writing master took over his late master’s business with financial help from the Inn, even though the Inn’s responsibility for him had long since ceased. The foundlings were part of the extended family that was the Inn.



Reward notice stating that the Treasurer of the Middle Temple has offered the sum of £20 for any information about two children left abandoned in the Temple.

The practice of abandoning children in the Temple died out in the 19th century for reasons which are not entirely clear but probably due, in part at least, to important changes to the poor laws and improved survival rates in the workhouses. The last record of a child dropped in Middle Temple was on 12 June 1845 when Mary Temple, aged four months, was abandoned on the landing of 1 Middle Temple Lane; she died of whooping cough in 1850. The last survivor of the Temple foundlings is believed to have been Mary Ann Littlefield – probably a foundling of the Inner Temple - who died in 1865. It seems she lived in or near the Inns and earned a living doing cleaning jobs. In her last years she was maintained by both Inns - 5/- per week from Inner Temple, 6/- a week from Middle Temple. It is said that she was highly eccentric and the original of “Miss Flite” in Bleak House. Miss Flite was the deranged lady who daily attended the chancery court in expectation of a judgment which never came. For most abandoned children, whose only sin was that of having been born, judgment was harsh, unjust and all too real. However for the Temple Foundlings (whether their lives proved long or short) there was help on hand and it came from that most unlikely of guardians – an Inn of Court. The full version of this story can be downloaded from the Inn's website.

Master Lloyd was Called to the Bar in 1971 and to the Bench in 1996. He is a member of 13 Old Square Chambers, where he has a general Chancery practice with a strong emphasis on litigation. He is joint Master of the Garden with Master Judith Parker and was Lent Reader in 2014.

Is Your Name Temple? The Story of the Temple Foundlings

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Friend and “Traitor”: Master Barzun MASTER CHANTAL-AIMÉE DOERRIES

“I was the last to consent to the Separation, but the Separation having been made and having become inevitable, I have always said, as I say now, that I would be the first to meet the Friendship of the United States as an independent Power … let the Circumstances of Language; Religion and Blood have their natural and full Effect.” These are the words of King George III, as recorded by John Adams in his official report, on the occasion on 2 June 1785 of John Adams attending St. James Palace to present his credentials to the King as the first United States Minister Plenipotentiary to Britain (a post which became that of Ambassador in due course). Some 230 years later and the ties remain close. Middle Temple in particular has always had a “special relationship” with the United States. On 11 February this year the current US Ambassador, Matthew Barzun, joined his predecessors in his post by becoming an Honorary Bencher of Middle Temple. Master Barzun spoke of a special relationship rooted both in the rich historic ties between Britain and America and in common values, which inspired five Middle Templars (Edward Rutledge, Thomas Hayward Jnr, Thomas McKean, Thomas Lynch Jnr, and Arthur Middleton) to sign the Declaration of Independence, the “traitors”, as they became collectively and affectionately known to Middle Templars. A “traitor” to his family was how he labelled himself, in that some of his British ancestors were members of other Inns. His written testimony before the US Senate Foreign Relations Committee provides a personal insight to the importance of the special relationship to Master Barzun,

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explaining his family’s connection to England. His ten-times Great Grandfather was John Winthrop, the first governor of Massachusetts, who, in 1630, left behind his life in Suffolk to lead 700 men and women across the Atlantic to New England so they could build a new life in a city he named Boston. But what of Master Barzun himself. His speech on the occasion of his Call as an Honorary Bencher was entertaining and self-deprecating. It is easy to see why he was appointed as Ambassador and we are lucky to have him as an Honorary Bencher. He is an internet pioneer who was the fourth employee at CNET Networks where he held a number of positions. While there he launched Download.com which became CNET’s biggest site. After leaving CNET he advised and invested in a number of start-up internet companies. A truly modern and clearly technically savvy Bencher, he recorded his call night on his twitter account: “English common law is ingrained in America’s DNA - Honored to be called to the Middle Temple - educator of 5 Declaration of Ind signers.” His IT skills came to the fore again when as a member of President Obama’s National Finance Committee he produced the first $25 per-person fundraiser and helped teach Obama University for campaign volunteers. In


addition to this he served on the boards of many nonprofits in Kentucky. Before coming to London he served as Ambassador to Sweden. On his Call evening Master Barzun referred to some of the British peculiarities he had been adjusting to since his arrival. One of these was the robust British press, which, of course, he had been warned about. An experienced Londoner living in the US gave him this pretty accurate advice: “The press over there will build you up at first and then tear you down, so beware”. Apparently, the very next day a story appeared in a London paper about his becoming Ambassador. In it, Master Barzun was, as he quoted in his speech, described as follows: “a potato… with hair”. Not much of a welcome! Better was still to come; exactly six days after he took up his post, which happened to coincide with Parliament voting against the government motion on Syria, he woke up to The Sun front page: a Death Notice for the special relationship - funeral to be held at the French Embassy. An email from a friend later that day said: “Well done, Matthew. It took more than seven decades to build the special relationship and you broke it in less than seven days.” In fact, my impression is that this Ambassador, now one of our Benchers, has



already contributed much to the continuance of the special relationship, which in his words “is not only alive and well - it’s as strong as it’s ever been”. Master Barzun, in his written testimony before the Senate Foreign Relations Committee, recalled trying to explain to his youngest son what Britain means to America and he spoke of the fabled “special relationship.” His son asked him what it meant – Master Barzun’s first attempts were long and failed. Words like “allies” didn’t work. “Historic bilateral bonds” was met with a blank stare. He thought for a while and then said, “We’re best friends.” That worked. Master Doerries was Called to the Bar in 1992, took silk in 2008 and was elected a Middle Temple Bencher in 2010. She is a tenant at Atkin Chambers practising in commercial dispute resolution. She is ViceChairman Elect of the Bar Council of England and Wales.

Friend and "Traitor": Master Barzun

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Called to the Bard JOHN CURTIS Researches the links between Shakespeare and the Law. In the light of Hall hosting performances of Hamlet and Twelfth Night, he examines how references to those plays have made their ways into some important cases. It is always a privilege to dine in Hall knowing that Shakespeare and his acting company trod the boards in the same space. Quite how the after-show party went and how members of the Inn judged that performance of Twelfth Night can only be guessed at now - but since then, more than one distinguished judge has deployed an apt Shakespearian allusion within a judgment! Indeed, a PhD research project at the University of Birmingham’s Shakespeare Institute has identified over 450 judicial citations of the Bard’s works. Unsurprisingly, the Prince of Denmark’s most famous soliloquy provides rich ground. Lord Denning referred to the dangers of “the Law’s delay” and noted that Shakespeare had classed that evil as being amongst “the whips and scorns of time”. In Brown and Stott – a case that started with the theft of a bottle of gin from north of the Border and ended with the Privy Council considering Article 6 of the European Convention of Human Rights (ECHR) - Lord Bingham stated: “The Convention is concerned with rights and freedoms which are of real importance in a modern democracy governed by the rule of law. It does not, as is sometimes mistakenly thought, offer relief from “The heart-ache and the thousand natural shocks that flesh is heir to”.” Elsewhere in the law reports, Lord Justice Ward has referred to judges being susceptible to the “slings and arrows” of misfortune and Lord Justice Ackner cautioned a court against entering “the undiscovered country” when assessing damages. Other phrases from Hamlet feature too; numerous submissions have caused judges to remark that testimony amounts to nothing more than “words words words” and in Watson v Lucas, Lord Justice Stephenson considered that it would be “weary, stale, flat

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and unprofitable” to review the well-trodden path of some trite case law relating to the definition of ‘family’. The absence of a key witness occasionally prompts a comparison of a trial to being akin to watching Hamlet without its main protagonist and in Burmah Oil, Lord Wilberforce criticised a lower court for presuming that it was not necessary to see important material, saying: “The assumption seems to me as unreal as the proverbial folly of attempting to understand Hamlet without reference to his position as the Prince of Denmark.” Lord Justice Sedley made the newspapers following a boundary dispute in the West Country. His Lordship was prompted to use an analogy previously advanced by Lord Hoffmann and compared the conduct of warring neighbours to Fortinbras’ march against the Polack, observing that the case concerned a little strip of land that had ‘no profit in it but the name’. Likewise, the European Court of Justice (ECJ) has used the occasional reference to Hamlet, for example when considering the importance of regional associations with quality and appellation d’origine contrôlée. Deciding the case of Feta cheese, the ECJ listed items with special status including the French rapiers and daggers alongside the Barbary horses wagered on Hamlet’s duel with Laertes. And, it’s not just Tragedies that make their way into the Law Reports, Shakespeare’s comedies, including Twelfth Night feature too. In Porter v McGill, Lord Scott opened his opinion by noting that the canker of political corruption damages the reputation of democratic government and “like Viola’s ‘worm i’ the bud’ it feeds upon democratic institutions from within”. Lord Justice Keene marked his retirement from the Court of Appeal with a rhetorical flourish, and with respect


Shakespeare found plenty of inspiration in the Law and one can’t help thinking that he would be quite flattered to know that his words have assisted our judges!

to a smoking ban at Rampton Hospital. His Lordship noted that an activity “need not be one of which the court approves” in order to fall within the scope of Article 8 ECHR, adding Sir Toby Belch’s words: “Dost thou think, because thou art virtuous, there shall be no more cakes and ale?”. A personal favourite is Lord Justice Lewison’s remark when he observed that distinctiveness in trademarks must be “inherent or acquired”. His Lordship noted that “unlike greatness as described by Malvolio”, trademarks could not have distinctiveness “thrust upon” them. Shakespeare found plenty of inspiration in the Law and one can’t help thinking that he would be quite flattered to know that his words have assisted our judges! Note on Style For reasons relating to space and layout, short versions of the case names are used and case references have been omitted.

John Curtis was Called to the Bar in 1996 and works at the Criminal Cases Review Commission. He hopes to have his book: “Shakespeare and Judges” published in due course. If you would like to share recollections of Shakespeare being quoted in cases or offer a view on the subject – please contact him on jwjcurtis@yahoo.co.uk.



Called to the Bard

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Palpable Hits The 450th Anniversary of Shakespeare’s Birth MASTER ANTHONY ARLIDGE Middle Temple Hall is one of the very few places still existing where the bard actually trod the boards (not the actual ones there now). Master Treasurer was keen that we should celebrate the 450th anniversary of his birth (Shakespeare’s not Master Treasurer’s) with something light hearted and something serious. As his humble lackey, my first call was to the Reduced Shakespeare Company. They came to us in January having just completed a long run in the West End and before their departure on a world tour. Their show presents the complete works of Shakespeare in one evening. It has been running since 2007 and over the years the cast and material has changed, but one of the three young men presenting it had been there from the outset. In fact all but one of the plays were completed at break neck speed in the first half. On the premise that all the comedies basically had the same plot, they were merged into a four minute race. There were hilarious male impersonations of women (true to the gender bending originals). The second half was devoted entirely to Hamlet. Master Treasurer’s niece was kidnapped and forced to play Ophelia – though her only line was to scream whenever Hamlet came near her. Very sensible! The show completed with Hamlet performed backwards in thirty seconds. The Company went on to create another world record – on the actual anniversary on 23 April – they played the highest theatrical performance ever on an Easyjet Flight to Italy. Brilliant. Shakespeare’s Globe Theatre Company notably performed Twelfth Night in Hall on the 400th anniversary of its performance there in February 1602. The same production has been running for over ten years, returning to the Globe, West End and New York in 2013. The company was led by Mark Rylance playing Olivia with Eddie Redmayne in his first stage role as Olivia. Since then the management of the Globe has passed to Dominic Dromgoole. I bearded him in the Globe. It was a lucky moment, for the company were about to start rehearsing Hamlet in preparation for their Globe to Globe world tour, starting on 23 April 2014 and finishing there on the same date in 2016 – the anniversary of Shakespeare’s death. In the meantime the production aimed to visit every country in the world – even North Korea. Dominic suggested that the production could preview in Middle Temple Hall over Easter weekend. That they did – not the best time for members of the Inn, but a good many did attend. The three nights were a sell out and on the first

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night the company received a reception that can only be described as rapturous. Twelfth Night was performed against the screen, but Dominic chose to play Hamlet against a side wall, which gives greater audience proximity. The production was simple and fast – the ghost of Hamlet’s father simply walked on stage and the lighting effects were minimal. It must have been very close to the original performances and showed how simplicity and speed suit the bard’s work. The cast was as mixed race as the countries they would visit. The young Hamlet and Ophelia had a poignancy often lacking with older performers. The humour of the play was strong and of course the play ends with a palpable hit in the duelling scene with Laertes. My ten year old granddaughter was taken aback by all the bodies on stage at the finale. Dominic was delighted at the opportunity to play in the Temple and may return. The more palpable hits the better.

Master Arlidge was Called to the Bar in 1962, took silk in 1981 and became a Bencher in 1989. His practice is in general crime and fraud. He is the co-author of two leading text books, Arlidge and Parry on Fraud and Arlidge and Eady on Contempt of Court.

Middle Temple Hall is one of the very few places still existing where the bard actually trod the boards




Article Palpable TitleHits. The The Honourable 450th Anniversary SocietyofofShakespeare's the Middle Temple Birth

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What are

the Inns For? MASTER DEREK WOOD FOR THE MEETING OF THE INN’S GOVERNING BODY – PARLIAMENT – ON 8 APRIL THIS YEAR MASTER TREASURER, LORD JUDGE, POSED A NUMBER OF CHALLENGING QUESTIONS ABOUT THE RELEVANCE OF THE INNS OF COURT TO THE PRACTISING BAR IN TODAY’S CONDITIONS. Putting it bluntly, he asked: ‘What is the purpose of the Inns of Court?’ In July he followed up this challenge in a wideranging lecture, looking into the future the Inns and, more generally, of the Bar as an independent profession. Hard on the heels of the April debate the President and Director of the re-constituted Council of the Inns of Court (COIC), which in June 2014 came into life as an autonomous entity and a registered charity, issued a paper outlining what they thought the Inns collectively could achieve, through COIC, in enhancing the performance and standing of the profession and the quality of the justice system. Perhaps the answers to Master Treasurer’s questions about the Inns should begin with a quick survey of what

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they presently do. Successfully or not they do quite a lot of things: they admit students and Call them to the Bar after they have qualified; they own real estate of historic and commercial value in Central London which is largely occupied by barristers’ chambers; out of their rental income and endowments they provide scholarships for Bar students; they have extensive educational and training programmes, mainly but not exclusively for Bar students and recently qualified barristers; they have an active social life; they sponsor cultural and artistic events; they host events for international lawyers; and they enhance their incomes by letting out their public spaces on commercial terms. The Middle and Inner Temple maintain the Temple Church and its choir. Gray’s and Lincoln’s Inns maintain their Chapels and choirs. How many of these activities can be described as “purposes”, or “core purposes”, may be the subject of debate; but the spread of activity is broad. Then there are things that the Inns do not do. They do not engage in political lobbying on behalf of the Bar, the legal profession generally, or on matters to do with the justice system. Thus they have not taken part in the current debate about cuts in legal aid or fees for publicly-funded work, or restrictions on the right to obtain judicial review. That burden has been undertaken by the Bar Council and the Specialist Bar Associations (SBAs). The Inns’ expertise in legal education did however equip them to take an active part in the recent regulator-led Legal Education and Training Review.


The historic disciplinary functions which they once exercised have been permanently delegated: to the Bar Standards Board as standard-setter and prosecuting authority (the successor in this capacity to the Bar Council) and to COIC, which takes responsibility for convening disciplinary hearings. There is a big gap in the Inns’ continuing relationship with their members after initial qualification. Those who practise outside London are a particular case. What service or contact (if any) these members would like to receive from their Inns has not been systematically explored, although each Inn maintains a warm relationship with its members practising in overseas jurisdictions.

Education and training The principal case for the continuing relevance and professional importance of the Inns rests on their role in the field of education and training. Behind the straightforward admission of students, and subsequent Call to the Bar, lie three crucial activities which the Inns have expanded in recent times. The first is the award of scholarships to Bar students, on which each Inn now spends a sum in the order of £1 million each year. There is a debate as to how these funds can be best distributed in current conditions; but we must not overlook the fact that, outside the students’ private resources (if any), it is the only support available. The Bar repeatedly claims that it is a profession open to all comers, irrespective of their background. The different Inns support this cause by

New practitioners, in the first three years of practice, have to complete nine hours of advocacy training and three hours of training in ethics, in addition to the standard twelve hours of CPD each year required of all practitioners. The pupils’ courses and the New Practitioners’ Programme are delivered exclusively by the Inns and the Circuits. In the recent Jeffrey Report on Criminal Advocacy the intensity of our pre- and post-qualification training in advocacy was singled out for special commendation. The ancient canard that all students have to do to be called to the Bar is to eat dinners has been long discredited. Middle Temple’s programme, for example, in the current legal year has 43 qualifying sessions for Bar students in the Inn, including 16 lectures before dinner and four guest lectures in Hall which are open to all members of the Inn. It is also running the usual four residential advocacy training weekends for Bar students, three at Cumberland Lodge and one in York. Total attendance at these weekends will be just over 200. The cost to each student is £82. We run an extensive students’ mooting competition, supported by a panel of tens of members of the Inn who act as judges. The other Inns do the same. For pupils our Inn delivers five courses each legal year, lasting a fortnight each, and two short courses lasting three days for those who cannot manage a whole fortnight. The Inn will have trained approximately 100 pupils by the end of July. Our courses are also attended by young barristers from Hong Kong, who come under scholarship schemes funded by the self-employed Bar in Hong Kong or through the local Department of Justice, and by Fox Scholars from Canada.

“Middle Temple’s work is supported by a panel of some 200 trainers – members who are senior barristers or sitting or retired judges – who have undergone ‘training the trainers’ programmes and who donate their time free of charge.” a variety of outreach and work-experience programmes in schools and universities. But the most tangible benefit they provide is financial backing to help students through this expensive period of training. In his lecture Master Treasurer made a strong plea for re-deploying some of these funds to support new practitioners at the publicly-funded Bar. That discussion will surely continue. Secondly, the Inns teach best practice in the profession of advocacy. Thirdly, through teaching they maintain high standards of ethical conduct at the Bar. The Inns (and the Circuits) carry out these last two activities partly under their own separate arrangements and partly collaboratively, through COIC’s wholly-owned subsidiary the Advocacy Training Council. Under the Bar Training Regulations Bar students must attend, in addition to the Bar course, twelve qualifying sessions provided by their Inn. Pupils, as a condition of obtaining their Provisional Qualification Certificate after their first six months, must, in addition to training in chambers or the office, undergo twelve hours of formal training in advocacy and six hours in practice management.



They take place in our training suite above the library at no cost to those attending. This year the Inn will also have run three in-house programmes for New Practitioners in advocacy and ethics. By the end of the year it expects to have delivered training to approximately 80 new practitioners. The cost of attendance is £80. Middle Temple has also established a special programme for new practitioners at the employed Bar which is open to barristers from all the Inns. This project is equally matched by corresponding activities within the other Inns. Their mode of delivery is not the same, but the programmes are equally carefully planned and professionally executed. Having had the experience of observing the work of all the Inns I would caution against any one of them claiming to be superior to the others. Middle Temple’s work is supported by a panel of some 200 trainers – members who are senior barristers or sitting or retired judges – who have undergone ‘training the trainers’ programmes and who donate their time free of charge. To maintain their panels of trainers the Inns run ‘training the trainers’ sessions through the year. Training

What are the Inns For?

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panels, in London and on Circuit, typically include numerous practising silks and Circuit Judges and a number of High Court and Court of Appeal Judges. Trainers on the Middle Temple’s Employed Bar course include the recently retired and the present Treasury Solicitor, both Benchers. The Inns also deliver training to barristers who wish to be accredited as pupil supervisors.

The role of COIC and the ATC COIC is what it says on the label: it is the Council of the Inns of Court. Some of the Inns’ activities are best carried forward collectively; but COIC remains an enterprise controlled by the Inns. It has two main standing functions: the running of the Inns’ disciplinary tribunals – the Bar Tribunal and Adjudication Service (BTAS) – and the running of the ATC. The ATC does not at present deliver courses within England and Wales, but it has, since the inspirational work of the late Master Sherrard and the late Michael Hill QC of

“Beyond these activities the Inns have created through their premises – chambers, excellent law libraries, dining halls and other historic public spaces...” Gray’s Inn, operated as the Inns’ and the Circuits’ think-tank in the field of education and training. It is unique in that respect. Its activities are spread across the globe. Here are a few examples of its current work. It accredits advocacy trainers who teach on the Bar course; it has developed on its new and expanding advisory website - The Advocates’ Gateway - guidance on the handling of vulnerable witnesses in court, for which it has obtained research funding from the Legal Education Foundation; it is also carrying out funded research into the teaching and scope of legal professional ethics, foreign languages in court and the use of interpreters, and (in collaboration with the Law Commission) the handling of expert evidence. On 8 March 2014 it held a oneday conference in the Middle Temple on advocacy training, which was attended by just under 100 advocacy trainers from all four Inns and the Circuits. It includes within its activities many other professionals who are concerned with the justice system. It has an extensive advocacy training programme overseas, in the common law world, from Sierra Leone and Zimbabwe to Singapore. It is not focused simply on the English Bar. COIC’s recently-published discussion paper reinforces the theme of professional education. It contains challenging proposals for greater collaboration between the Inns and Circuits, more sharing of ideas and facilities, and an even stronger leadership role for the ATC. It has proposals,

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dependent on the future shape of the Training Regulations themselves, for the replacement of the ATC with a college or faculty with an even greater educational reach, emphasising the status of the Bar as a world-wide authority on the practice and ethics of advocacy. COIC speaks to the outside world on behalf of all the Inns. That is often better than their speaking separately. You can find on its website substantial submissions to the recently completed Legal and Education and Training Review; to the Ministry of Justice about the Legal Services Board; to the Legal Services Board on its recent consultation papers on education and training and whether the Bar Standards Board’s chairman must be a lay person; and to the Jeffrey Inquiry into Independent Criminal Advocacy. In this last document you will find the Inns making a strong case on behalf of the publicly-funded criminal Bar, supporting the leading role played by the Bar Council and the Criminal Bar Association.

The Inns’ estates and libraries Beyond these activities the Inns have created through their premises –chambers, excellent law libraries, dining halls and other historic public spaces – and through the professional and flourishing social interaction between their members,


a physical and intellectual community which fosters and reinforces the ethical and professional foundation on which the English Bar is based. The four libraries, as they stand at present, with their advanced IT systems, are without question important professional resources. They are numbered among the most complete reference and research law libraries in London. Each has in addition its own unique historic collection. As Master Treasurer pointed out, they are becoming increasingly expensive to maintain, and may be running out of both money and space. At some time soon they will have to increase their existing level of collaboration to ensure that their resources are more economically deployed.

Judges in the Inns

and much more informal fashion. Absent members outside London might well press their Inns to establish a similar model.

Relationship with the Bar Council and the BSB There is a triangular relationship between the BSB as the Bar’s regulator, the Inns and Circuits as providers of professional education and training, and the Bar Council as the Bar’s trade union and political mouthpiece, which is criticised as clumsy and illogical for a profession as small as the Bar. But it is not without parallel. The medical profession displays a similar geometry: the GMC is the regulator, the Royal Medical Colleges and Faculties are leaders in specialist training, and the BMA is the public defender of the interests of doctors and patients. The triangle needs its three legs.

This year the Treasurer of each of the four Inns is a judge; the President of COIC is a Lord Justice of Appeal; and the Chairman of the ATC is a Judge of the Queen’s Bench Division. Are the Inns, which at their heart exist for the Bar, overpowered by these intruders? Some barristers might be tempted to recall the glory days of Serjeants’ Inn. That is not how I see it. The current office-holders vividly illustrate the Inns’ unique position in the legal profession in which practitioners, academic lawyers and judges can meet, work and talk on equal terms on issues of importance to the future of the Bar and our system of justice. There is no other convenient place where that can happen. The judges undoubtedly inhibit the Inns from engaging in politics, except in the most subtle ways; but the profession has other channels for more outspoken political comment.

Absent members The third of the Middle Temple’s toasts after dinner is to “absent members”. There are a lot of them. Not every member of an Inn, after qualification, can or wishes to engage in the activities I have described. They are engrossed in their careers in the law. They may live and work outside London. Their personal lives are leading them in different directions. They will of course be bound to comply with the BSB’s requirements for CPD, but as practices progressively specialise the SBAs will, to a large extent, be taking over from the Inns the baton of continuing education. CPD on Circuit has a life of its own. Some of these absent members, having benefited from training in their early years, will return to engage in the activities of the Inn later on. Others will not. Schools, colleges and universities are affected in the same way. Should the Inns be concerned about this? One of the speakers in the debate on 8 April referred to the network of American Inns of Court, founded by the late Chief Justice of the US Supreme Court, Justice Warren Burger, who took his inspiration from the Inns in Dublin and London. In the United States there are 400-odd Inns which function as local dining and discussion societies, engaging judges and practitioners much as we do here. They are able to replicate the collegiality of the Inns in a simplified



Master Wood has been Director of Advocacy since October 2011 and was Treasurer in 2006. He has worked extensively with the Bar Standards Board in the interests of the profession. He is a member of Falcon Chambers and specialises in commercial and residential property law.

What are the Inns For?

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Reflections on a Career at the Employed Bar MASTER PAUL JENKINS, TREASURY SOLICITOR 2006 - 2014

Her Majesty’s Procurator General, Treasury Solicitor and Head of the Government Legal Service. Three roles, three job titles. Fortunately the last is self-explanatory. Of the others, see below. Until February this year I was all three for nearly eight years, something of a record in modern times. Eight frenetic years; eight years which, perhaps, merit some calm reflection. Again, see below. But, in the opening words of Under Milk Wood by my great compatriot, Dylan Thomas, born just one hundred years ago: to begin at the beginning. I went to Manchester University. A State school boy. The first in my family to go to university. No connections at all with the law. Pretty daft then to want to go to the Bar, or so everyone told me. But that’s what I had always wanted to do and I soon found the Manchester Middle Temple Society. A dining club for Northern Circuiteers, they took those few of us who aspired to the Bar under their wing. We were entertained, awestruck, by the giants of the Circuit, Pat (later Lord Justice) Russell, George Carman and so many others. Inevitably I joined Middle Temple, received, in the days when pupils were unpaid, a pupillage award and became marshal to one of the kindest, most humane of men, the late Master Kilner Brown. At Cumberland Lodge, one of Christa's predecessors, Jean Austin, persuaded me do a plea in front of the Queen Mother and helped me to a pupillage in what is now Blackstone Chambers. I was Called to the Bar alongside my great friend and future Minister Patricia, now Master, Scotland. The first student I sponsored was Janice, now Master, Brennan. And, critically, there were not just great friendships and support; the Inn imbued me with the ethics and the integrity of our profession. Unsurprisingly, I fell in love with Domus. It’s a love affair that continues to this day and has stood me in good stead in recent times. Let’s not worry too much about HM Procurator General. The glory days are long gone. Before no-fault divorce, husbands took the train to Brighton to get caught in bed with a chambermaid by a private detective who then gave

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evidence of matrimonial crime. But, no matter how much the unhappy couple wished to be put asunder, any hint of collusion would see them bound together in matrimonial misery ‘til death did, indeed, them part. Exposing collusion was the mucky business of the Procurator General. These days there is just the odd bit of marital fraud to contend with. There’s rather more to the Treasury Solicitor. Established in 1660, the Treasury Solicitor was a fixer, agent provocateur, suborning witnesses in State Trials, conspiring to kill Popish Kings, “employing the vilest artifices of chicanery”. One of my predecessors tried to convict Samuel Pepys for treason, was sent to the pillory for bribing witnesses and – shades of Al Capone – to the Tower for ‘accounting deficiencies’. Others died drunkards or in debtors’ prisons. I fear I hear Master Arlidge asking if much has changed. But it had all calmed down a bit by the time I was appointed in 2006. Now the Treasury Solicitor is the Government’s principal legal official, Permanent Secretary to the Attorney General and head of profession for the 2,000 lawyers working in Government. The role is an unusual mixture, running one of the largest legal organisations in the country, overseeing all legal advice to Government and conducting all Government litigation, whilst at the same time having a substantial personal practice advising senior Minsters and officials. I was well prepared. In 1992 the then Treasury Solicitor, Master Nursaw, asked me to be the first Legal Adviser to the new Department of National Heritage. We set up the National Lottery, saved the Three Graces but failed to save our first Secretary of State, David Mellor; we curbed the excesses of foreign satellite pornographers but not of our own print media. Moving to what is now the Ministry of Justice as Lord Chancellor Irvine’s Legal Adviser, we brought a grateful nation the Human Rights Act. We then failed miserably to abolish the Lord Chancellor, instead paving the way for the ancient office to be held by someone who is not a lawyer. Sorry! Then the impossible task of stepping into


“Her Majesty’s Procurator General, Treasury Solicitor and Head of the Government Legal Service. Three roles, three job titles.”

Master Marilynne Morgan’s shoes at DWP and Health. And so to my time as Treasury Solicitor. Three Prime Ministers; Blair, Brown and Cameron, three Attorneys General including Masters Scotland and Grieve. Inquiries, inquests and litigation. Iraq, Guantanamo, Libya, Baha Musa, Leveson, 7/7, Litvinenko, Afghanistan. Abu Hamsa. BAe and the Serious Fraud Office. Prisoner voting. Whole life tariffs. The rule of law. Strasbourg. Europe. Coalition. The daily diet of political scandal and mishap. The Treasury Solicitor may no longer be an agent provocateur deploying the vilest artifices of chicanery whilst facing the stocks or the Tower but frenetic, troubling, testing times nevertheless, times when the ethics and integrity of our profession, so powerfully inculcated by the Middle Temple all those years ago, were indispensible. Fortunately, my successor is another member of Domus, Master Jonathan Jones. Master Jenkins was Called to the Bar in 1977 and to the Bench in 2002. He took office as Treasury Solicitor in August 2006 and was appointed Queen’s Counsel (honoris causa) on 30 March 2009.



Reflections on a Career at the Employed Bar

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Dickens, the Barrister’s Clerk and the Clerks’ Dinner 2014 THURSDAY 6 FEBRUARY 2014 ABIGAIL BRIGHT, ANNABEL TIMAN, AND KATE O’RAGHALLAIGH Charles Dickens treasured the barrister’s clerk. He put him at the very heart of his Greats. Dickens’s most doughty, if dastardly, defenders were variously rescued, made fun of, set up – but mostly rescued – by their legal gentleman clerks. Number forty-eight Doughty Street, WC1, preserves the essence of Dickens. It hosts the recently refurbished Dickens museum within the narrow staircases and walls which totalled Dickens’s home during his most prolific years. How apt, then, that Emily Martin, Chloe Gibbs and Beverley Samuels, three of our clerks at Doughty Street Chambers, housed but three doors from the Dickens museum, should have gathered up their petticoat skirts and stolen away from their diary-keeping and book-balancing. They headed across Holborn and to Fleet Street. They were bound for the quinquennial Middle Temple Clerks’ Dinner. We were hosts to our clerks at the dinner. The idea that barristers should host their clerks by treating them to an Inns dinner is a simple one: it is to say thank you. Each of us wished to thank our clerks for their strategic support of our practices – and finances – over the past year. Dickens himself might once have been treated to the very same dinner. In May 1827, through connections his mother had, Dickens took up a job as a law clerk with solicitors Ellis and Blackmore. His duties there were to keep the petty cash fund in good order, to deliver documents, to run errands and to do other sundry tasks. In November the following year, Dickens worked again as a law clerk with solicitors Charles Molley. Dickens then turned his talents elsewhere, but kept his hand in with the courts and clerking. In 1829, he worked as a noting clerk in the courts. Two years later, he became a shorthand reporter with the Mirror of Parliament, where he covered shenanigans in the House of Commons and the House of Lords. Dickens was widely praised for his quickly returned – and accurate – reporting of the courts. So, you ask, what do barristers and their clerks talk about over dinner together? We can only tell you what we talked about that night.

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The chat was Pickwickian in parts. Unforgivably, but enjoyably, we talked shop (a temptation so great we did not try to resist it): “Vell,” said Mr. Weller, “Now I s’pose he’ll want to call some witnesses to speak to his character, or p’raps to prove a alleybi. I’ve been a turnin’ the bis’ness over in my mind, and he may make his-self easy, Sammy. I’ve got some friends as’ll do either for him, but my adwice ‘ud be this here–never mind the character, and stick to the alleybi. Nothing like a alleybi, Sammy, nothing.” The Pickwick Papers, 1836 The tone then decidedly took a turn for the worse. Trollope’s redoubtable defender, Chaffenbrass of counsel, took up his place next to us. Imagine how distasteful we (and indeed Mr Dickens, who had no time for Trollope: who does?) found the company of Chaffenbrass to be: He confined his practice almost entirely to one class of work, the defence namely of criminals arraigned for heavy crimes.... He has all manner of nasty tricks about him, which make him a disagreeable neighbour to barristers sitting near to him. He is profuse with snuff, and very generous with his handkerchief. He is always at work upon his teeth, which do not do much credit to his industry. Trollope, The Three Clerks, 1858 Still, we pitied Chaffenbrass. He just could not ‘switch off’ from the day job. Some pesky lay client had piled on the pressure. Speech! Speech! Speech!! Chaffenbrass would keep talking and yet Master Treasurer was about to give a speech. Foreseeably, our clerks were celebrated in that speech for their trustworthiness and tact. Less forseeably, our clerks were celebrated for their double A* once removed Geography A-level. It was a point of information, we learned, that there has never been a leak of confidential material (not even a kiss and tell story) from the law


offices of the Royal Courts of Justice. The clerks to the judges at the RCJ are the engine and the very momentum of justice. Particular praise was reserved for the most long-standing of those judges’ clerks. Chaffenbrass cheered! Master Treasurer told Chaffenbrass to “Please shut up”. Speech over, the port poured, conversation picked up again. Our clerks insisted on conducting what they called ‘informal practice reviews’ – all very modern. They asked us each, in turn, what we think is our USP (‘Unique Selling Point’). We thought this very easy to answer: We lawyers are always curious, always imaginative, always picking up odds and ends for our patchwork minds, since there is no knowing when and where they may fit into some corner. Little Dorrit, 1857 Our clerks ousted that as puffery. They said that clerks in Dickens’s novels fare infinitely better than counsel, about whom Dickens is caustic: I despised them, to a man. Frozen-out old gardeners in the flower-beds of the heart, I took a personal offence against them all. The Bench was nothing to me but an insensible blunderer. The Bar had no more tenderness or poetry in it, than the bar of a public house. David Copperfield, 1850 Yet we three were driven to point out that The Pickwick Papers had published on the topic of the “several grades of lawyer’s clerks.” Here are the hues of those clerks: The diary clerk: There is the articled clerk, who has paid a premium, and is an attorney in perspective, who runs a tailor’s bill, receives invitations to parties, knows a family in Gower Street, and another in Tavistock Square; who goes out of town every long vacation to see his father, who keeps live horses innumerable; and who is, in short, the very aristocrat of clerks. The billing clerk: There is the salaried clerk — out of door, or in door, as the case may be — who devotes the major part of his thirty shillings a week to his Personal pleasure and adornments, repairs half-price to the Adelphi Theatre at least three times a week, dissipates majestically at the cider cellars afterwards, and is a dirty caricature of the fashion which expired six months ago.



That most wretched of all creatures, the aged Debt clerk: There is the middle- aged copying clerk, with a large family, who is always shabby, and often drunk. The runners: And there are the office lads in their first surtouts, who feel a befitting contempt for boys at day-schools, club as they go home at night, for saveloys and porter, and think there’s nothing like ‘life.’ The Pickwick Papers, 1836 (Chapter XXX1, Which is All About The Law, And Sundry Great Authorities Learned Therein) At this precise moment, Great Expectations’ Jaggers of counsel said he had “no expectations at all of clerks”. All three clerks agreed that that was very sensible and most moderate of him. They dared say nothing else to Jaggers of counsel. With this, the night gently drew to a close. After all, Jaggers of counsel had work to do the next day. At legal aid rates (the shocking thought of which gave him incurable indigestion), and for haemorrhaging brief fees, he hectored witnesses, baited judges and bamboozled juries. He mused, with some conceit, that he is an unreconstructed male. He has not yet logged on to ‘The Advocacy Gateway’, he confided. As is his want, he raised another glass or several. Then finally he polished off the last drops (one for the road and one for the ditch). He proposed a toast to our clerks, Emily, Chloe and Beverley: “The Clerks’ Dinner profited us all – to the benefit of practice and pocket alike!” It brought down the house. Written with a nod to Robert D. Neely’s The Lawyers of Dickens and their Clerks (The Lawbook Exchange, Ltd., Union, New Jersey, second ed. pub. 1938), copy courtesy of the Middle Temple library archives.

Abigail Bright, Annabel Timan, and Kate O’Raghallaigh practise in extradition and referral criminal appeals. Each contributes to their Inn of Court by giving of their time to judge mooting competitions and hosting mini-pupils via the Inns-sponsored ‘access to the Bar’ schemes.

“The dinner was such a success that it will now be held triennially”

Dickens, the Barrister’s Clerk and the Clerks’ Dinner 2014

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From Brooklyn to Bencher MASTER MICHAEL RUBENSTEIN In November last year, together with a Nobel Prize winner, the Clerk to the House of Commons and several other dignitaries, I became a Master of the Bench of the Honourable Society of Middle Temple. Quite an honour for a boy from Brooklyn! My association with Middle Temple is, in fact, a long one. In the 1960s, on my way to law school in America, having studied industrial relations as an undergraduate, I decided to take a few years off to study at the London School of Economics. It was a great time to be living in London but soon I faced a career decision: accept the US Government’s offer of a two-year all expenses paid trip to Vietnam (considerably less attractive then, then it would be now), return to the United States and take up a law school place that I had deferred, or become a barrister. In the event, I did none of those things, but I did send in my predecimalised fee to join Middle Temple. It would be another 45 years or so before I ate a dinner at the Inn, and then as guest of honour at a dinner organised by the judges of the Employment Appeal Tribunal to celebrate my 40 years of editing Industrial Relations Law Reports. More of that below. Instead of becoming a barrister, I got a job writing about pay bargaining and industrial relations, and then four years’ later I started my own publication, Industrial Relations Review & Report. This was 1971, the time of the Industrial Relations Act, the birth of modern employment law. We soon were filling our journal with summaries of cases under the new legislation, and in 1972 we started Industrial Relations Law Reports (IRLR), which I have edited ever since, though it has long been under different ownership.

Many readers who have studied employment law may not realise how unique IRLR was when it was first begun. Aside from its unorthodox size for a law report and its purple cover, IRLR featured a numerical indexing system, borrowed from the American system, and long explanatory headnotes. It also included my editorial commentary, the “Highlights”, which then – and now - occasionally dares to suggest that particular decisions have not been impeccably reasoned! Most significantly, perhaps, as my friend the late Lord Wedderburn, a member of this Inn, was fond of recalling, IRLR was “the first law report in hundreds of years not to be edited by a barrister”. There is a story attached to that, which I told in my short speech on being Called. When we first set up IRLR, we appointed an editorial advisory panel. The panel never actually met and was really designed to give this unorthodox venture a patina of respectability. Bill Wedderburn was instrumental in recruiting several other members, including Peter Pain QC, the leading trade union barrister of his day. One day in 1975, there was an industrial action case in the Court of Appeal. Peter Pain acted for the unions. He wanted to refer the court to an earlier decision, reported only in IRLR. He handed in a copy of the journal to the court. Lord Denning, the Master of the Rolls, looked at the big A4 size and the bright purple cover and asked for information about this set of reports. Peter Pain said he would find out and proceedings were adjourned for lunch. Peter phoned me. We had never spoken before. He asked me if I was a barrister. I said I was not. He asked if I was a solicitor, I said no. He asked about the other editorial staff, and he received the same answer. Peter reported these

“...I became a Master of the Bench of the Honourable Society of Middle Temple. Quite an honour for a boy from Brooklyn!” 28


facts to the Court of Appeal. Lord Denning is said to have pondered the matter a moment, and then declared: “A commendable example of free enterprise.” He proceeded to cite to IRLR, and in some ways we never looked back. Ever since I was a boy in Brooklyn picketing the local branch of Woolworths protesting against its racially segregated lunch counters in the South, I have cared deeply about equal opportunities and discrimination. I was a founder member of the Equal Pay and Opportunity Campaign in the 1970s, and am currently a trustee and management board member of the Equal Rights Trust and a “distinguished supporter” of the British Humanist Association. So in 1985, I was delighted to help set up and become co-editor of Equal Opportunities Review (EOR). In 2007, my company purchased EOR and I became its publisher. In 2010, we launched Equality Law Reports, with the aim of providing a one-stop shop for discrimination law cases. I have been fortunate enough to be able to be involved in various capacities in the development of all the antidiscrimination rights we have adopted in the UK, and to have had the privilege of advising a wide range of national and international bodies. During the years that I have been involved, Britain has been transformed. The Bar is no exception to this and I have been delighted to learn of the extensive efforts Middle Temple has been making in respect of access, outreach and diversity. This is certainly reflected in the students I have seen at the events I have attended, and is greatly to the credit of the Inn. Since my Call, I have taken part in a number of events at the Inn, including Private Guest Nights, concerts and



theatre. There is one event I am looking forward to in particular. In 1985, I was asked by the European Commission to undertake a study of what was then the newly-emerging and controversial area of sexual harassment at work. My research recommended a Code of Practice on measures to combat sexual harassment at work, which I was then asked to draft. For my work on this, I was nominated by the European Commission and awarded the Minerva Prize as European “Man of the Year”. I travelled to Rome where together with a number of female recipients of prizes, I was given a stunning jewel-encrusted broach of the head of the goddess Minerva. I have never had the chance to wear this, so I am very much hoping to come to the Grand Day Dinner in October, where the dress code is ‘White Tie with decorations’. Master Rubenstein was Called as an Honorary Bencher of the Inn in November 2013.

From Brooklyn to Bencher

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BACFI: The Specialist Bar Association for the Commercially Employed Bar CHRISTIANE VALANSOT BACFI’S OBJECTIVES STRAPLINE IS “REPRESENTATION, EDUCATION AND SUPPORT” AND THAT SUCCINCTLY ENCAPSULATES WHAT WE DO. Our members are barristers working outside chambers in commerce, finance and industry – generally as in-house lawyers, often in large multinational organisations or Solicitors’ firms, but also alone as specialist consultants or in related public service. BACFI is also one of the oldest specialist bar associations recognised by the Bar Council – we will be 50 next year!

Representation BACFI actively represents the interests of members with Regulators, Press, Government and the Bar Council; we contribute on members’ behalf to public and private consultations; several BACFI members sit on the Bar Council and on Bar Council or BSB committees; the current Bar Council Treasurer is a BACFI member, as is the next. We are deeply involved in all legal and constitutional developments affecting our profession. In the 1980s, BACFI campaigned long and hard for equal treatment and recognition for the employed Bar and succeeded in overturning the ludicrous rule that required disbarment for those working in solicitor’s firms. More recently, we made some radical proposals to the national Legal Education and Training Review, reflecting our members’ uniquely broad view of commercial legal needs as both clients (of the English legal profession and many other jurisdictions worldwide) and legal practitioners. Most of our proposals for the reform of CPD are to be implemented next year and we have campaigned successfully, with the GLS, to widen and improve the ethics teaching to new practitioners (see below). We encourage our members to reconnect with their Inns and participate fully in Inn life. We believe passionately that employed barristers remain barristers for

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life and have a uniquely valuable contribution to make, as barristers, both to our profession and to our employers.

Education and training We run a strong annual Events programme, tailored to the needs of the CFI employed Bar. These include an annual ethics discussion (we’ve just had Sharon Bowles MEP explore with members whether “Moral Banks need Moral Lawyers”); an annual session “Meet your regulators” so that the Bar Standards Board can hear our members’ concerns firsthand; a full programme of topical, pragmatic and relevant seminars, all carrying CPD points; and a flagship annual public lecture named in honour of Lord Denning. This year’s Denning Lecture will be delivered by Lady Justice Gloster on 20 November 2014. BACFI is closely involved in promoting, with each of the Inns, a New Practitioners Programme tailored and relevant to the needs of employed barristers. Middle Temple was the first Inn to offer such a specialist programme and it has been running very successfully since 2008. BACFI members provided real life scenarios for both the advocacy and the ethics and make these materials available for training purposes to all the Inns. We have a strong interest in ethics and deep understanding of the particular challenges faced by in-house barristers.

Support BACFI is a unique social networking forum for employed barristers. Our events enable members to meet professional colleagues and discuss matters of common concern. BACFI


“BACFI is closely involved in promoting, with each of the Inns, a New Practitioners Programme tailored and relevant to the needs of employed barristers.”

members span all ages, from students and juniors all the way through to General Counsel and beyond; our members work in various different sectors of commercial life. BACFI does not abandon its members on retirement and also – uniquely - represents unregistered barristers; promoting part-time and consultancy practice and campaigning for greater recognition of modern ways of working at the Bar. As a result, we enjoy a rich mix and range of seniority, experience and cross-industry perspectives which informs our lobbying. Last but not least, we enjoy a good time at our social functions! Indeed, most of our educational events are followed by drinks; we have an annual garden party jointly with Middle Temple and an annual formal dinner at Gray’s Inn; our Christmas party follows our flagship Denning Lecture which this year is at Inner Temple. Next year we plan a grand 50th anniversary dinner at the House of Lords, honouring our current President Lord Hoffmann and also his predecessor Lord Slynn. If you work in commerce, finance or industry, including related Government agencies or departments, or have retired fully or partly from the CFI Bar, do come and join us at one of our events. We are also always delighted to welcome new members via our website www.bacfi.org.



Christiane Valansot was Called to the Bar in 1989. She worked at City solicitors, as in-house counsel in investment banking and as general counsel to the UK trade association for asset managers thus gaining over 20 years’ experience as an in-house practitioner in financial services. Christiane is now an independent consultant. Christiane is a long standing BACFI member and former BACFI chairman, staunchly representing the interests of barristers working in commerce, finance and industry. Christiane is also an employed bar advocacy and ethics trainer at Middle Temple.

BACFI: The Specialist Bar Association for the Commercially Employed Bar

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A View from the Hall Committee ZOE O'SULLIVAN

What is Hall Committee? Hall Committee is nothing to do with dining in Hall, despite its name! We are a committee elected annually by the ordinary practising barrister members of the Inn working in London and on Circuit to represent their interests within the Inn.

to represent the interests of Hall. You can see the current Committee members’ profiles and pictures on the Hall Committee page of the website (to be found by clicking on the “Committees” tab in the Members’ Area). Committee elections are held annually in November/December. Please put yourself forward to stand if you are interested in becoming more involved in the life of the Inn.

Who are we?

What do we do?

We are working barristers who come from a diverse range of practice areas and are drawn from both the self-employed and the employed Bar. We also have representatives from Middle Temple Young Barristers' Association (MTYBA) and the Middle Temple Students' Association (MTSA). We meet about 6 times a year to discuss issues of particular importance to members of Hall. Members of Hall Committee also serve on the Inn’s four Standing Committees with a mandate

A commonly heard theme is the lack of connection between Hall members (particularly those who practice on Circuit) and the Inn. Too many members see no reason to maintain anything other than occasional contact with the Inn once they have completed their Qualifying Sessions and achieved the elusive goal of tenancy or employment. We think that the Inn has a great deal to offer, and that it is critical for the Inn to adapt to serving the needs of hard-working and busy members

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prepare for court or locked storage for papers and robes? If you could have some but not all of those things, what would be the most important?

What have we done this year?

“Hall Committee is nothing to do with dining in the Hall, despite its name!”

of the profession in the 21st century. Hall Committee wants to bridge the gap between the members and their Inn. This year we are working actively with Master Treasurer, Master Deputy Treasurer Elect and the Membership Committee to find out what you, the members, want from your Inn and how we can provide it to you. But we also need to establish a clear sense of our members’ priorities. Our Inn, although splendidly endowed, does not have infinite supplies of ready cash, and we want to find out how you think its resources could best be allocated. Should the Inn’s priority be to support and finance those just seeking to set out on a career at the Bar? Should it expand upon its continuing education provision for those already in practice? How important is the social side to you, with opportunities to meet, dine and network with other barristers in a unique and special environment? Or are you looking for more practical support, such as facilities for Circuiteers on a visit to London-maybe a business centre to enable you to



This year Hall Committee has set in train its pilot mentoring scheme, which is currently running. If this proves successful we expect to extend it more widely to the membership. We have, together with the Membership Committee, devised an electronic survey for members to identify what they think should be the most important priorities for the Inn. The survey has provided us with valuable information to enable us to re-engage with members. In February, we held a successful reception for our counterpart Committees at the other Inns of Court to discuss issues of common interest and share our experience. We also take part in pupillage clinics run by the MTSA. Our Annual Dinner on 22 May 2014 attracted an attendance of about 240 people keen to hear the words of one of Britain’s best known and most distinguished novelists, Sebastian Faulks CBE, who gave an entertaining speech on the subject of the Middle Temple’s association with literature. At the outset of the dinner, Master Treasurer, Lord Judge, took the opportunity to express his concerns about the challenges currently facing the publicly funded Bar. The evening, which was attended by a range of guests including members, Benchers and students, was a great success. Next year we hope that the Annual Dinner will form part of the celebrations of the 800th anniversary of Magna Carta. We continue our lively debate about providing a social space such as a Members’ Bar (which would require the Inn to subsidise the running costs). Some of us point out that Middle Temple is now alone among the Inns in lacking a Members’ Bar and would benefit from having a place for members to socialise in the evenings, while others think that a bar would not attract sufficient numbers to justify spending money which might instead be used to pay for scholarships. Another topic which has proved interestingly controversial is the possible establishment of a Scholars’ Society: undesirably elitist, or a way of attracting those who have benefited from the generosity of the Inn to repay it by getting more closely involved in the activities of the Inn? We would like to know what you think. Finally, this year I would like to see us opening up more direct electronic communication with our members, setting up two way channels for you to give us your thoughts and feedback and posting our minutes online. With this in mind the Hall Committee can now be contacted directly at middletemplehallcommittee@gmail.com

Called to the Bar in 1993, Zoe O’Sullivan is a tenant at One Essex Court. Her practice covers commercial dispute resolution in both litigation and arbitration. Within this, she has experience in a range of areas including banking and finance, oil and gas disputes, civil fraud and more. She has been Chair of the Hall Committee since January 2014.

A View from the Hall Committee

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Middle Temple Mentoring Scheme LOUISE MCCULLOUGH What is Mentoring?

Who can it help?

Each of us has at some stage in our careers felt the need to speak to someone more experienced who can offer perspective and insight, about a work-related issue. Mentoring provides a safe, non-judgemental and confidential environment for such discussions to take place. It has become a widely used way of managing talent in many areas of business, industry and the professions. Mentoring is intended to provide a mutually beneficial relationship between a more experienced person (“mentor”) and a less experienced person (“mentee”) in order to facilitate both personal and professional growth. The key to a successful mentoring relationship is confidentiality and building a relationship of trust. The objective is not for the mentor to solve the mentee’s development issue but to provide guidance and self-development for the mentee based on their own experiences. The Middle Temple Mentoring Scheme has been developed to assist members with career development issues, with a collateral benefit to assist with both social mobility and retention at the Bar. The method we have adopted at the Inn is that of “role model” mentoring whereby two practitioners are matched either by practice area or career development goals. It is currently in a pilot stage. More practitioners are welcome to join at any time and we have a real need for more Mentors to come forward due to very high demand.

In reality just about everybody. The Middle Temple Scheme is intended for everyone from junior tenancy to the cusp of retirement from practice. It can cover a wide range of issues from practice development (both within chambers and externally) to return to practice after a period of leave or applications for judicial appointment or Silk.

What can you gain from a mentoring scheme? As a mentor you can expect to enhance and improve your leadership skills by encouraging the growth and development of your mentee. This process provides an opportunity for self-reflection, exploration and growth. As a mentee, you can expect to be challenged and guided through the process of articulating your personal and professional goals, as well as receiving guidance towards achieving those goals. If you are interested. Please get in touch. Your Inn needs You!

The Middle Temple Mentoring Scheme has been developed in conjunction with the Hall Committee and Senior members of the Inn.

Would it be a heavy time commitment? No – it is not intended to be. The idea is that you would meet up with your Mentee once a month for a coffee (or something stronger) for a chat. With current technology it need not even be “face to face” - some very successful mentoring relationships can cover long distances.

What does a mentoring scheme provide that a good Chambers does not? This is a fair point if you are lucky enough to be in such a set or do not have any problems within your set. The beauty of the mentoring scheme is being paired with someone with an objective view removed from the issue in question.

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Middle Temple Mentoring Scheme

Louise McCullough was Called to the Bar in 1991 and is a tenant at Lamb Building where she specialises in Criminal Defence and Family work, particularly cases involving vulnerable adults and children. She is a member of the Hall Committee, the Membership Committee and the Equality, Diversity and Social Mobility Sub-Committee.


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Magna Carta and the Temple ROBIN GRIFFITH-JONES, MASTER OF THE TEMPLE

After months of fruitless negotiations and in the face of a looming civil war, King John and the barons met in June 1215 on a small rise in the meadows at Runnymede twenty miles west of London. The barons came fully armed. But the setting was well chosen; no cavalry, on either side, could attack across the surrounding soggy ground. An agreement was reached, its terms were written down in one great Charter confirmed by the King’s seal. All these efforts would fail. Within months the country would again be divided in internecine war. So why do we bother to read – let alone to celebrate – this Charter at all? Because in the middle of the Charter two rights are granted that have never been forgotten or superseded. No free man shall be taken or imprisoned or dispossessed or outlawed or exiled or in any way ruined, nor will we go or send against him except by the lawful judgement of his equals or by the law of the land. To no one will we sell, to no one will we deny or delay right or justice. A powerful king could of course ignore such terms. But at the Charter’s end all the rights that it granted were guaranteed by dramatic and enforceable restraints imposed on the King’s power. No wonder the King appealed to Rome to have the Charter annulled; and no wonder the Pope granted its abrogation.

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William Marshal, 1st Earl of Pembroke: ‘The greatest knight that ever lived’ William Marshal was the son of a minor lord who held the hereditary title of ‘Marshal’, or head of the king’s security. William rose, by his own skill, courage and loyalty in the service of four kings to be one of the most powerful men in Europe. In 1183 William, aged thirty-six, was in the service of Prince Henry, heir to Henry II, when the Prince died. The Prince had vowed to go on Crusade, and William discharged his lord’s vow by going on Crusade himself. He spent two years in the Holy Land. While there he entrusted his body, wherever he should die, to the Templars for burial among them. In 1188-9 he campaigned with King Henry II against the King of France. Henry’s son Prince Richard sided with the French. In a skirmish William unhorsed Richard and could have killed him, but instead killed Richard’s horse. He won the Prince’s gratitude and respect. When Richard became King Richard the Lionheart (reigned 1189-99), he confirmed William’s marriage to Isabel de Clare, daughter of the late Earl of Pembroke and heiress to enormous estates in England, Wales, Ireland and Normandy. In the early years of John’s reign (1199-1216) William was twice in conflict with the King and spent much of his time in Ireland. In 1213 he was summoned back to John’s court. His alone were the power and the stature that could avert a civil war. He would live both to see the disastrous aftermath of the Charter and, through the Charter itself, to bring the country once more to peace.

The Road to Runnymede

Effigy of William Marshal (1146-1219), 1st Earl of Pembroke and greatest knight of his age, in the Round Church, Temple Church (before the damage of 1941). The Marshal remained loyal to King John and mediated between the King and the barons. As the guardian of the young King Henry III the Marshal re-issued Magna Carta under his own seal, 1216 and 1217, and so ensured the Charter’s survival.



Rebellion against a king was not unusual, but there was in 1212-5 no obvious rival claim to or to place on the English throne. The Temple was John’s London headquarters, and for a fraught week here at the Temple in January 1215 the barons confronted the King. They demanded a charter, a set of written, practical demands raised to the level of principle. The King realised the threat to his own power; such a charter would be a rival centre of allegiance and of sovereignty. He demanded in response that such barons swear fealty to him and undertake in writing never to seek such liberties again. Neither side gave way. John sought refuge in delay; such innovations, he said, would take time. The barons gave him warning: they were pledging themselves, one and all, as a wall of defence for the house of the Lord and would stand firm for the liberty of the Church and the realm. The barons distrusted the King. They were right to. During the negotiations themselves John sent emissaries (surely secretly) to the Pope. John gave the barons a safe conduct until after Easter; William Marshal was among the King’s guarantors, assuring the barons that the King would then give them satisfaction. The barons’ emissaries were soon on their way to Rome as well; both sides knew they needed the Pope’s support. The King played a trump card: he vowed to undertake a Crusade, so winning for himself a crusader’s privileges and the further support of the Pope. John was playing his hand with great skill. On 5 May the rebel barons renounced their fealty to the King and the country was on the brink of war. The King had the Pope and all apparent right on his side; a fair part of

Magna Carta and the Temple

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the baronage was at worst neutral, at best loyal; and on 9 May, once more from the Temple, the King sought the vital support of London by granting its free governance. The King must have thought himself well prepared. But on 17 May the rebels captured London and the balance of power moved suddenly and irrevocably against him; he would have to negotiate. He sent William Marshal to London to inform the barons. On 28 May the King received the imperial regalia of his grandmother, the Empress Matilda, from the custody of the Master of the Temple. He was going to assert his full majesty at the coming conference. The King was at Runnymede by 10 June, and the four known copies of the Charter all bear the date 15 June, The barons had secured enough to renew their homage, on 19 June, to the King. So the great clauses, guaranteed by baronial power over the King himself, enter the history of England and of the world. The foundation stone was laid that week on which all the liberties of the Common Law have been built in all the centuries since.

Not everyone has been so taken with the rights granted by the Charter. Sellars and Yeatman sum them up briskly in 1066 and All That: The Barons compelled [King] John to sign the Magna Charter, which said: 1. That no-one was to be put to death, save for some reason – (except the Common People). 2.  That everyone should be free - (except the Common People). 3. That everything should be of the same weight and measure throughout the Realm – (except the Common People). 4. That the Courts should be stationary, instead of following a very tiresome mediaeval official known as the King’s Person all over the country. 5. That no person should be fined “to his utter ruin” - (except the King’s Person). 6. That the Barons should not be tried except by a special jury of other Barons who would understand.

The Charter’s Survival: in the Balance John died in October 1216. The King’s council named William Marshal as guardian (Latin, rector) of King Henry III, who was only nine years old, and of all the kingdom. Royal authority and the royal treasure were almost wholly exhausted. Louis of France had invaded, and controlled London and much of eastern England. William must win back the barons’ allegiance. Magna Carta was re-issued in 1216 and 1217, with emendations, under William’s own seal. It is in good measure thanks to William that the Charter survived. In 1215 the charter was known as the Charter of Liberties. In 1217 the clauses dealing with the law of the royal forest were removed and issued in a separate document, the Charter of the Forest. Thereafter the Charter of Liberties began to be known as Magna Carta or the Great Charter to distinguish it from the shorter Charter of the Forest. On his deathbed William summoned Aymeric, Master of the Temple, to prepare for William’s own admission to the Templars. William’s almoner Geoffrey, a Templar, brought him the Templar cloak which had been secretly made for him a year before. William had arranged to be buried in front of the rood-screen here in the Temple Church. Aymeric predeceased the sick Marshal by just a few days, having asked to be buried next to him: “For I greatly loved his company on earth; may God grant that we be companions in the life eternal.” It is a measure of William’s achievement that his cortège was led to the Temple Church by former rebels, now pacified. The Archbishop of Canterbury and the Bishop of London presided when William was laid to rest here on 20 May 1219. Archbishop Langton described him as “the greatest knight that ever lived”. It would take centuries to bring royal power, in 1689, under parliamentary control. Through long and terrible pangs, England’s democracy, the system of parliamentary government that has since spread across the world, was finally born.

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Magna Charter was thus the chief cause of Democracy in England, and thus a Good Thing for everyone – (except the Common People).

In 1959 Tony Hancock played the foreman of the jury in a spoof of Twelve Angry Men. All the other jurors want to convict the defendant, accused of jewellery theft. Tony Hancock imagines himself as a British Henry Fonda: Does Magna Carta mean nothing to you? Did she die in vain? … Brave Hungarian peasant girl forced King John to sign the pledge at Runnymede and close the boozers at half past ten. Is all this to be forgotten?


Magna Carta Events 2014 November

Monday 17 November

Four V & A Effigy-casts arrive in Church: Marshal I and II, John, Henry III; MC Exhibition in Temple Church

Choral Evensong to launch Magna Carta Year at Temple Church followed by dinner at Middle Temple

2015 Thursday 15 January

Thursday 11 June

Service of Choral Evensong in Temple Church

ABA Annual Conference in London

Friday 30 January – Sunday 1 February

Sunday 14 June

Murder in the Cathedral (50th anniversary of T S Eliot’s death) in Temple Church

Choral Mattins in Celebration of Magna Carta followed by Lunch

Monday 23 February

Monday 15 June

Evensong and Reception for the Global Law Summit

Magna Carta Ceremony at Runnymede

Sunday 1 March

Thursday 18 June

A production of “The Troublesome Reign of King John” in Inner Temple

Bingham Centre for Rule of Law and Gray’s Inn Speaker: Chief Justice McLachin (Canada) “The Relevance of the Magna Carta outside this country” Gray’s Inn

Friday 6 March Magna Carta and Citizenship Conference for state school pupils at Cumberland Lodge

Monday 16 March

Friday 19 June Magna Carta Seminar: joint between Gray’s Inn and Bingham Centre for Rule of Law “Whether we require another Magna Carta today?” Gray’s Inn

Inns of Court Magna Carta Lecture Series I Guest Speaker: Lord Judge. Middle Temple

Saturday 19 and Sunday 20 September

May – June

Monday 19 October

Magna Carta Exhibition (1297 Statue Roll) in Temple Church

Inns of Court Magna Carta Lecture Series III Guest speaker: Baroness Hale. Gray’s Inn

Wednesday 13 May or Thursday 14 May Choral Evensong to celebrate the issue of the 1215 London Charter in Temple Church, in conjunction with the City of London, followed by a reception in Middle Temple and dinner in Inner Temple.

Monday 18 May

Temple Open Weekend

Monday 23 November Inns of Court Magna Carta Lecture Series IV Guest Speaker: Professor. Sir John Baker QC, FBA Inner Temple

Inns of Court Magna Carta Lecture Series II Guest speaker: Lord Neuberger. Lincoln’s Inn

**There will be daily walking Tours: Temple to Guildhall 12 June-20 September 2015, the meeting place will be in the Temple Church Courtyard



Magna Carta Events

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Magna Carta, Religion and the Rule of Law 7 June 2014 ROBIN GRIFFITH-JONES, MASTER OF THE TEMPLE

King John sealed Magna Carta in 1215 “for the honour of God and the exaltation of Holy Church and the reform of our realm”. His advisors included two archbishops, seven bishops and Aymeric de Saint Maur, Master of the Temple. On Saturday 7 June the Temple Church, in association with the Institute of Contemporary British History, the Dickson Poon School of Law and the Department of Theology and Religious Studies, all at King’s College, London, held a conference on Magna Carta, Religion and the Rule of Law. The conference was arranged by the present Master of the Temple – successor to that remarkable Aymeric who both bankrolled the King and urged him to seal the Charter – and Master Mark Hill of Inner Temple. Speakers joined us from the UK, USA, Canada and Spain. The sessions were in the Halls of Middle and Inner Temple. It was a fascinating day. We remember Magna Carta now as a staging-post on the way to the civil liberties which we can (almost) take for granted: no taxation without representation; due process; and enforceable restraints upon the executive. The Charter itself, however, begins with a ringing guarantee “for us and our heirs forever that the English Church shall be free, and shall have her rights entire, and her liberties inviolate.” This clause has a particular link with the Temple. The Temple and the Tower were the London headquarters of King John, 1214-5. A charter declaring the freedom of the English Church was issued from the Temple on 21 November 1214 and was re-issued, again from the Temple, on 15 January 1215. It is increasingly clear that Archbishop Stephen Langton, famous for his study of the Jewish scriptures and responsible for the Charter’s final wording, envisaged the whole Charter as a new, English version of Deuteronomy: it was to be ‘the book of the law’ which would realise a biblical kingship under God.

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Master Treasurer started the day with a spell-binding summary of the events that preceded and followed the Charter. He illumined the role of the great William Marshal, Earl of Pembroke, Aymeric’s close friend whose effigy still lies in the Round of the Church. Marshal, as regent to the young Henry III, re-issued the Charter under his own seal in 1216 and 1217. When the young king reached his majority, the third reissue, therefore now the fourth version of Magna Carta, took place in 1225. This issue formed part of a deal in which the Council granted the king a tax. Although the story is complex, the 1225 Charter made it entirely clear that there was a quid pro quo: your liberties in consideration of my funding. There is no time to elucidate it here, but the constitutional link between the lawful exaction of taxes and the consent of what developed into Parliament was fundamental to our constitution, and incidentally that of the future United States of America under the battle cry of “no taxation without representation”. In fact the Charter was quickly embedded into the consciousness of the nation. You can search the text without success for references to trial by jury or due process or the rule of law or democracy, but we know that by 1226, in litigation by some of the knights in Lincolnshire against their high sheriff, they alleged that he had contravened the Great Charter. In other words, without any media


representation or press corps at Runnymede, and despite its annulment by the pope and repudiation by the king, it was now regarded as a document with legal force. And so it continued and developed. We then heard of the Charter’s history in religious claims and debates through the centuries in Britain and America. Master John Baker of Inner Temple launched us, drawing on his limitless knowledge of medieval law. Mr Justice Rabinder Singh brought us eight hours later safely to the harbour of the European Convention. En route we had heard how the Charter can be seen within Judaism, Islam and in Hindu-majority India. The story was by turns inspiring and admonitory. Nobody can now read with equanimity the clauses removing, with clinical precision, financial security from the Jews. (The Charter was one in a series of worsening measures imposed through the thirteenth century on England’s Jews, culminating in their expulsion in 1290.) And it was chastening to hear how the Charter had still been used in the eighteenth century to stir anti-semitic fears. Master Dyson rounded off the day. As Master of the Rolls, he has historic responsibility for the charters in public ownership. His overview turned our eyes from the past, through the present and to the future: It seems to me that the equality of all religions under the state’s secular law is the best guarantee in a secular society of equal freedom for each religion and its adherents. Faith leaders no longer have the power that they once had. But they continue to have a very important role in promoting such equality of freedom as a fundamental and indispensable social good. The organisers of this conference hope that it will help all the United Kingdom’s faith communities, and others throughout the globe, to become the conciliatory peace-making heirs of Stephen Langton although they do not enjoy the pervasive power of religion which he could take for granted.

Indeed we do. And we look forward to the publication of all the day’s papers – with additional chapters from Rabbi Lord Sacks and others – by Cambridge University Press in spring 2015. The book on the Charter by Masters Judge and Arlidge will be essential reading, next year; we hope Magna Carta, Religion and the Rule of Law will nestle beside it on a few bookshelves in the Inns and beyond. We owe a great debt of gratitude to the Inns for making possible such a fruitful day; and to Colin Davidson’s team for rounding it off with a most welcome dinner for the speakers. In 1215 the king and barons met for incandescent negotiations in the Temple, at which the barons first demanded the king’s subordination to the rule of written law. From this demand, centuries ahead of its time, have grown those constitutional restraints on the executive which now protect two billion people who live under Common Law. 799 years later the Master of the Temple was privileged to introduce a far more genial and unified group of visitors to the past and present roles of the Inns and their Church.

Master Dyson with Master Treasurer

Master Dyson

Professor David Little of Harvard and Georgetown Universities addresses delegates.



Magna Carta, Religion and the Rule of Law 7 June 2014

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Google Spain and ‘The Right to be Forgotten’ GUY VASSALL-ADAMS Back in 1995 when the European Parliament and Council of Ministers passed the Data Protection Directive 95/46/EC, few could have predicted that this dry and technical piece of legislation would one day find itself at the forefront of the struggle between privacy and freedom of expression on the internet. However, this is the outcome of the judgment of the European Court of Justice (ECJ) in Google Spain SL v Mario Costeja Gonzalez, Case C-131/12 (the Google Spain case). At the time the Directive was enacted, the internet was in its infancy and Google had not even been established (the company was incorporated in 1998). The framers of the Directive were not thinking about the internet when it was passed. They wanted to ensure that public and private bodies, when they “processed” personal information about individuals, did so in ways that respected the right to privacy in Article 8 ECHR. They achieved this by creating the “data protection principles” and by giving individuals the ability to enforce their rights through the courts. The focus of the Directive was on the internal management of information, or information sharing between organisations, not publication to the world at large.

search engine (Google Search) to old articles on a Spanish newspaper’s website mentioning him in connection with bankruptcy proceedings. The ECJ decided that the Data Protection Directive applied to US domiciled Google Inc, by reason of its links to its subsidiary Google Spain. Once the territorial application of the Directive was established, the ECJ held that Google Search had to ensure that its search results were compatible with the rights of individuals under the Data Protection Directive. In this context, the ECJ emphasised the way in which search results amount to “a structured overview of the information relating to an individual that can be found on the internet – information which potentially concerns a vast number of aspects of his private life”. The ECJ went on to find that the Data Protection Directive includes a “right to be forgotten”, the effect of which is that individuals are entitled to demand internet search engines to remove information which they consider to be “irrelevant”, “excessive” or out of date. This a controversial area, as the ECJ must have known, because the “right to be forgotten” has been the subject of intense

“Publication of information to the general public engages the right to freedom of expression” Publication of information to the general public engages the right to freedom of expression. It was for precisely this reason that the framers of the Directive created an exemption for journalistic, artistic and literary expression. In UK law this is achieved by section 32 of the Data Protection Act 1998. This exemption amounts to recognition by the legislators that if the data protection regime was applied inappropriately to publications to the general public, it could undermine the principle of freedom of expression. In Google Spain, the ECJ had to grapple with whether the Data Protection Directive applies to publications on the internet by internet search engines. The case arose from a complaint brought by Mr Gonzalez, a Spanish national living in Spain, who wanted to remove the links on the Google

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debate and negotiation between governments in 2013 and 2014 in the context of the new Data Protection Regulation which will eventually replace the Directive. In the context of publications to the general public, the really critical question is how the two important and competing rights of privacy and freedom of expression should be balanced. English law, reflecting the jurisprudence of the European Court of Human Rights under Articles 8 (privacy) and 10 (freedom of expression), adopts a two-stage approach. The first is that the complainant must show that he or she had a “reasonable expectation of privacy” in relation to that particular information. If the information is not private, the claim fails at that stage. However, if the information is private, the court must balance the complainant’s privacy


against the right to freedom of expression, having particular regard to any public interest in the publication of that information. The ECJ’s approach in its Google Spain ruling appears inconsistent with this jurisprudence. There is no differentiation in the ECJ’s ruling between information which is genuinely private and information which is, or should be, public. This should be the starting point of any investigation as to whether a privacy right has been infringed, however because the ECJ has simply applied the broad definition of “personal data” in the Directive without further thought or analysis, this crucial distinction has been lost. Secondly, the ECJ makes the extraordinary assertion that “in general the rights of data subjects override the interests of internet users in having access to information”. This is contrary to the European Court of Human Rights’ established case law that neither Article 8 nor Article 10 has presumptive priority over each other. But perhaps it reflects the surprising fact that this unbalanced ruling contains not a single reference to Article 10 or its EU Charter equivalent (Article 11). The third area of great difficulty is the very narrow way that the ECJ approaches the question of what publications should be permitted in the public interest. The ECJ appears to give little, if any, weight to the idea that there is a general public interest in freedom of expression. There is no recognition in this ruling that freedom of expression is something to be valued for its own sake and that in general terms no justification is required for the publication of information which is neither private nor prejudicial. Instead, the ECJ adopts the reductionist approach that in general privacy rights should trump the rights of internet users unless the publishing internet search engine can identify a specific public interest in publication of the information in question. Not only does this undervalue the importance of the free circulation of information and ideas, it is an assessment fraught with difficulty in practice. How



is an internet search engine properly to judge whether information is “irrelevant” or “excessive” or in the public interest when by definition it is only linking to content provided by a third party, who in general will know the facts and reasons for publication. In its first weeks of operation, Google has been besieged by 70,000 takedown requests from individuals who want to hide aspects of their lives from public scrutiny. In some cases, the requests relate to articles published on respected news websites such as those of the BBC and The Guardian, which benefit from the journalistic exemption under the Directive. This is not the least of the strange anomalies to which this unbalanced judgment gives rise. Meanwhile, observant users of Google UK will have noticed that Google have kindly provided a new “Use Google.com” search facility at the bottom of the Google UK homepage. It would appear that if you search on Google UK your search results will be caught by the Google Spain ruling, but that if take a few seconds to use Google.com instead you will get the full uncensored results. This story will run and run.

Guy Vassall-Adams was Called to the Bar in 2000 and is a leading junior in Media and Information Law at Matrix Chambers. Before coming to the Bar he worked as a television journalist and as a humanitarian affairs officer for the United Nations, where he was one of the founders of the humanitarian news service IRIN.

Google Spain and 'The Right to be Forgotten'

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Chrystal Macmillan (1872-1937): A Scotswoman at the Inn ROSE PIPES On Christmas Eve 1919, within a few hours of the granting of Royal Assent to the Sex Disqualification (Removal) Act, Helena Normanton obtained admission as a pupil at Middle Temple, thus becoming the first woman to be admitted as a pupil at the English Bar. Three months later she was joined by, among others, Chrystal Macmillan, a Scotswoman ten years her senior, in whose name an annual prize is still awarded to an outstanding woman student of the Middle Temple. By the time of her arrival in London in 1913, Chrystal Macmillan was a seasoned suffrage and equality campaigner who had already gained experience in advocacy within the courts: as a (science) graduate of Edinburgh University she had, in 1908, eloquently argued the case, first in the Scottish courts, then on appeal in the House of Lords, for women graduates to have the right to vote in Parliamentary elections as ‘persons’ registered in the General Council of the Scottish universities. She had also been an active campaigner for women to enter the legal professions, and once that fight had been won, she used the knowledge and skills she gained as a barrister to further the causes about which she was most passionate – equality, justice and peace. Her work for these causes was never token: while practising at the Bar, she was an active committee member of, among other organisations, the Nationality of Married Women Committee, Open Door International, the National Union for Equal Citizenship, the International Labour Organisation, National Council of Women and the Association for Moral and Social Hygiene. Although her practice at the Bar was important to her, Chrystal Macmillan’s main ambitions lay elsewhere: as fellow barrister Sybil Campbell was to say of her in 1930, ‘She still puts the principle of equality first, whereas I have been saying that we should consider ourselves first as lawyers… and only secondarily as women’. Records show that Chrystal Macmillan was one of 15 Scotswomen who entered the Inns between the two world wars. She was typical of that cohort in that she was university educated, middle-aged (48), and a member of the ‘merchant class’. Neither of her parents nor any of her eight brothers was a lawyer, and there is no reason to suppose that her acceptance at the Inn and the Bar was due to any special influence from among her family and friends. What she did have, however, was private means, her wealthy father having made provision for her after his death in 1901. For a single woman, a practising barrister and an active campaigner outside the Bar, a private income was a

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4 Pump Court, Middle Temple. Chrystal Macmillan lived here from c.1932-7, and had a garden on the roof.

significant advantage. For Chrystal Macmillan, it meant that as well as being able to employ a live-in housekeeper, she could travel widely for work at home and abroad, and take on low-paid or non-paid ‘legal aid’ cases (dock briefs and Poor Prisoners’ Defence cases in the criminal courts, and Poor Persons’ Department cases in the civil courts) without fear of impoverishment. Taking such cases must also have appealed to her principles; indeed, in his obituary, her head of chambers referred to her as “never happier than when handling a case for the Poor Persons’ Department”. Judging from the court book records available, it seems that Chrystal Macmillan established a healthy legal practice, though, unlike her colleague Helena Normanton, she never became or aspired to be a high-flyer. She joined the Western Circuit and was elected to its Mess in 1926, becoming only the second woman to be so. Between then and 1929 she acted as counsel for defence in the six cases in which she appeared on the Circuit, four of which were PPD cases, including one of rape. At the same time, she was appearing at the North London Session courts where, between 1927


and 1936, she took 65 cases in all – 21 for the defence (all PPD and dock briefs), and 44 for the prosecution. From 1929, she appeared at the Central Criminal Court in five cases for the prosecution, and one for defence (PPD). There are no records available for her civil cases. For Chrystal Macmillan, as for other women entering the legal profession in the 1920s, there were numerous obstacles to overcome in establishing a legal practice. The arrival of women at the Inns, courts and Bar Messes received a mixed reception from the male establishment – reluctantly welcoming at best, hostile and obstructive at worst. Solidarity among the women is touchingly conveyed in a Bar Mess book for the Central Criminal Court, showing the signatures for the few women who attended written next to one another, suggesting that they arrived together as a group. Such all-women grouping was sometimes enforced rather than chosen; for example, the Benchers of Middle Temple ruled in January 1920 that women members should dine at separate tables. Discrimination was common in all spheres of the profession: not all Circuits would accept women as members of the Mess, and finding a place in chambers was a difficulty for women, as was the absence of female-only lavatories and robing rooms. Indeed, one case is recorded in which a head of chambers at 1 New Square offered a place to a woman but only “on her undertaking to use the public lavatories in Lincoln’s Inn Fields”. To overcome such obstacles took considerable wit and determination – properties that Chrystal Macmillan had in abundance. Also to her advantage were her age and experience, as well as her innate integrity and goodwill. As her head of chambers said in his obituary, “She was an indefatigable worker, an ever-helpful colleague in chambers… and untiring in her determination to secure justice if the opposite seemed to threaten…She lived a life of serious purpose…and withal was not without a keen sense of Scottish humour…She had many friends in the Temple and her tall, distinguished figure will long be missed from among us.”

It was fitting, therefore, that it was Middle Temple that Chrystal Macmillan’s friends, family and colleagues chose as the most appropriate place in which to commemorate her life's achievements. They had hoped to mount a memorial plaque and to establish a reference library on and in 4 Pump Court, where Chrystal had lived for over seven years, but the war intervened, and part of the premises was bombed, so the final decision was to fund an annual prize, to be awarded to a woman student of the Middle Temple. The prize, now worth £100, continues to be awarded. In the biographical sketch produced to accompany the prize, the author’s concluding sentences provide a perfect epitaph for a remarkable woman: “Her chief aim in life – one might call it a passion – was to give to women of every class and nation the essential protection of justice. She was, herself, a great and a very just human being.” A more recent retrospective honour was conferred on her in her home town of Edinburgh in 2010, when her name was given to the University’s School of Social and Political Science – the first of the University’s buildings to be named after a woman.

Chrystal Macmillan and fellow graduate Frances Simson (seated) at the House of Lords in 1908 (The Women’s Library @ LSE/10/46).

Rose Pipes is a writer and independent researcher living in Edinburgh, where she worked for many years as a commissioning editor in educational publishing. She has written books on local history, and is co-ordinating editor of The Biographical Dictionary of Scottish Women (EUP, 2006).



Chrystal Macmillan in her barrister’s wig and gown.

Chrystal Macmillan (1872-1937): A Scotswoman at the Inn

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Temple Women’s Forum: The Road Not Taken EMILY RAYNER I began tenancy in 2010. According to the Bar Barometer 2012 females made up 52.2% of barristers who started tenancy or employment in that year. In my experience so far, that seems about right: at university and on the BVC there were roughly an equal number of men and women in my classes; I was one of two pupils in my chambers – the other was male. I am one of a lucky generation where it seems that gender is no longer a barrier to beginning a career at the Bar. However, also according to the Bar Barometer, women only made up 32.4% of self-employed barristers in 2010/2011 and only 11.8% of self-employed QCs. Given how large the discrepancy is between those who start at the Bar and those further down the path, the low percentages of those retained at the Bar cannot simply be a legacy from when women did not make up half of the entrants to the Bar, it must also be due to women leaving the independent Bar. The societal reasons why we should encourage women to remain at the Bar are well rehearsed: the Bar should reflect the society it represents; judges (who are still drawn, in the majority, from the Bar) should represent the society they judge, and so on. But, on a more personal level, every female (and male) barrister has been through a lot to get where we are: we have studied for years; racked up huge debts; succeeded in the pupillage lottery; suffered the bizarre requests of our pupil supervisors; not slept during pupillage or, indeed, for a number of years after pupillage and ruined friendships by cancelling almost every social engagement at the eleventh hour. And, the reason we have put ourselves through this is because the Bar is actually a pretty good place to spend our working lives. If women, or men, want to continue as a barrister they should be able to do so and they should not feel they have to leave the Bar due to circumstances or barriers outside of their control. So, in early 2012 the Middle Temple Women’s Forum was established to create a new network to inspire and support female members of the Inn specifically focusing on some of the issues identified as contributing to the decision of many women to leave the profession. The Forum has gone from strength to strength, with the addition of Inner Temple members in 2013 it was rebranded as the Temple Women’s Forum. The Temple Women’s Forum now holds one large event per year in the spring term. They have all been immensely popular with over 350 women (and men – at least one marriage has resulted from the Forum’s popularity with both sexes!) of all seniorities attending. The evenings have attracted distinguished and inspiring speakers and have

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The Honourable Mrs Justice Rose

focused on a range of topics from “Judicial Diversity” to “Modern Clerking: Promoting Your Practice”. The smaller workshops, held more frequently, have focused on practical, tangible assistance in a more collegiate setting. For example, the workshop in November 2013 attended by about 35 women provided practical tips (under Chatham House rules) on “Applying for Silk”. Against this backdrop of events aimed at inspiring and retaining women at the Bar, it may have come as a surprise that this year’s major Women’s Forum event was entitled “Crossing Boundaries: Alternative Careers for Women at the Bar”. However, there was an acceptance in the Forum that sometimes the independent Bar will no longer fit the lives of some women who may decide, for whatever reason, to leave. Therefore, it was decided that the Forum should provide ideas, options and support to those who take the decision to move on from the Bar as well as those who stay. The event was held in Middle Temple Hall on 24 March and chaired by HHJ Deborah Taylor who turned to Robert Frost’s “The Road Not Taken” to open the evening. HHJ Taylor, in her role as a Judicial Appointments Commissioner, was keen to stress that taking a different route is no longer a barrier to a judicial appointment and those who want to see a more diverse Judiciary must consider good potential candidates from a range of different paths. The keynote speech was given by Mrs Justice Rose DBE, who described how since leaving private practice in 1995 her stellar career has taken many twists and turns through a myriad of different departments at the Government Legal Service (GLS); sitting in the First-Tier Tribunal of both the


Charity and Environment jurisdictions and in the Competition Appeals Tribunal before her appointment in May 2013 to the High Court Chancery division. Mrs Justice Rose highlighted how it was necessary to plan a career with advice such as “decide upon which wall to lean your ladder before starting to climb” but was also keen to stress the role of time and chance in that career, when it was imperative to respond to opportunities: “know when to move the ladder”. Her speech was encouraging, informative and modest. Following the keynote speech a panel of four individuals spoke with clarity and wit about their quite different paths from the common starting point of the Bar. Margaret Casely-Hayford now Director of Legal Services and Company Secretary for the John Lewis Partnership emphasised that when applying for a job in a new area demonstrating passion is more important than showing knowledge. Kathleen Harris, a partner in Arnold & Porter LLP’s White Collar Criminal Defence practice group, initially left the independent Bar for the GLS because she was concerned about debt and childcare. She considered that there are no career boundaries, just hurdles and stressed to attendees that if they do not fit into a particular career mould then they will need to look for another, or, indeed, they can make their own mould. Nicky Oppenheimer, a headhunter at Odgers Berndtson, again emphasised the need to take any opportunities presented but also to consider carefully all the different paths on offer. Finally, Clive Rich, an international professional negotiator, who trained as a barrister but preferred the music business, described how he had learnt many skills at the Bar which proved valuable in business and as an entrepreneur. The formal part of the event concluded with a question and answer session, followed by an evening of wine and networking. The evening highlighted that many of the common concerns of women practising at the Bar today have been experienced by others before, but that if we respond to the opportunities that arise there are fascinating alternative paths that can be taken by women of all seniorities. Building on the legacy of the women barristers who have gone before us, I and many of my fellow 52.2% of women who joined the profession in 2010 continue at the Bar. However, if somewhere along the way we decide to take another, less well travelled, path, my hope and expectation is that we do so because that is our considered choice and not because we feel we have no alternative. The last few years has shown that the on-going work and support of the Temple Women’s Forum will be instrumental in assisting with that choice.

Two roads diverged in a yel low wood, And sorry I could not trav el both And be one traveller, long I stood And looked down one as far as I could To where it bent in the und ergrowth; Then took the other, as just as fair, And having perhaps the bet ter claim Because it was grassy and wanted wear, Though as for that the pas sing there Had worn them really abo ut the same, And both that morning equ ally lay In leaves no step had trodde n black. Oh, I kept the first for ano ther day! Yet knowing how way leads on to way I doubted if I should ever come back. I shall be telling this with a sigh Somewhere ages and age s hence: Two roads diverged in a wo od, and I, I took the one less travelle d by, And that has made all the difference. The Road Not Taken by Rob

ert Frost

Emily Rayner was called to the Bar in 2009. She undertook pupillage at Harcourt Chambers and became a tenant there in 2010. Her practice covers all aspects of family law.

Attendees at the Temple Women's Forum 'Crossing Boundaries' event in Middle Temple Hall.



Temple Women's Forum: The Road Not Taken

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Alternative Careers: Day in the Life of a Legal Academic CATHERINE HALE It is 8.40am and the University car park is filling up. Walking across campus for my 9am lecture I contemplate that being both a parent and an academic is a relatively good fit. Although some of my work is rigidity timetabled, such as undergraduate lectures, curriculum meetings and exam boards, much of what I do I can choose when and where I do it. So although I will be on campus today, I’ve decided to work from home tomorrow, marking undergraduate dissertations. My lecture this morning is on clinical negligence and medical mistakes. The oral skills of a barrister are directly translatable to an academic life. The ability to verbally communicate difficult ideas coherently and in an interesting as well as engaging way is essential when lecturing to a large student audience. My first objective during a lecture is to hold the students’ attention, especially at 9am on a Monday morning! One major difference between advocacy and lecturing is, of course, that as a lecturer you get ‘technological props’; all of the University’s large lecture theatres have cinema-size screens and the vast majority of academics use PowerPoint for presentations. Directly after the lecture I have two small group tutorials. Whilst many lecturers enter academic life as part of a postgraduate degree or research project, some academics enter teaching focussed lectureship posts directly from legal practice, especially for vocational legal institutions or courses.  However, most people switching from independent practice to academia do so on a part-time basis, some as teaching fellows, visiting lecturers, Open University tutors or honorary tutors.  The University of Birmingham, as do many other universities, appoints honorary tutors who are generally people that have an interest in teaching and have some relevant experience and knowledge. For my academic specialism that is usually either as a doctor, lawyer or postgraduate student. So, if an academic life has some appeal it is worth contacting institutions informally rather than waiting to see posts advertised. I’m relatively typical in that I was already teaching an undergraduate module on a part-time (3 hours a week) basis at another institution whilst taking a part-time postgraduate degree at the University of Birmingham, and upon completion of my MSc in Health Care Ethics I was lucky enough to apply and be appointed to a lectureship.  It is 12pm and I find myself compulsively checking my emails on my mobile phone when I pick up a voicemail message from the media office: “Would I do a TV interview

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for Central TV?” The potential of me saying yes is very dependent on time. Invariably you get asked on the day or sometimes the day before they want to interview you.   And sometimes they want you to be in a TV studio at 10.30pm!  And that leads to an additional consideration: Is there enough time to prepare prior to the interview?  After lunch at 2pm I head back to my office to do some research for the interview. ITV want me to comment on the legality and professional ethics of a doctor who has allegedly told a patient about her prognosis against her explicitly stated wishes. Although, I know the area of patient consent, autonomy and the relevant General Medical Council guidelines, inevitably I double check everything I already know and do further research - ‘just in case’. I arrive at the ITV studio at 3.30pm and whilst waiting in reception (ironically to a background of 24-hour BBC news) I go over in my head what I am going to say. Again the training of a barrister is useful, the ability of a television guest to express points with clarity and lucidity is welcomed by both radio and television presenters. I personally have formulated two rules that apply whenever doing media interviews. One, I try to make three interesting and brief points in plain language with no jargon and secondly I make those three points regardless of the questions the interviewer asks! The interview today is to be recorded rather than live, which I generally find less nerve wracking but the glare of the studio lights is always rather startling.  By 4.15pm I’m in a taxi on my way home, to start the responsibilities of family life.

Catherine Hale is a Senior Lecturer in Medical Law and Ethics at the University of Birmingham. She was Called to the Bar in 1995, and previously worked as a lecturer teaching law and health care ethics before obtaining a fulltime lectureship at the University of Birmingham in 2000.

“...much of what I do I can choose when and where I do it.”

Alternative Careers: Day in the Life of a Legal Academic


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Choral Evensong and Dinner for the Lord Mayor and Corporation MASTER JULIAN MALINS GIVEN BY MIDDLE AND INNER TEMPLE TUESDAY 25 MARCH 2014 Most fans of the Church of England, amongst whose number I count myself, regard Evensong from the Book of Common Prayer, especially a Choral Evensong in our Temple Church as the very best expression of English spirituality. Not too long, certainly not too deep or high; in fact, just right to prepare the congregation for an exuberant feast in Hall, by making everybody feel virtuous, or, if not virtuous, at least penitent, contrite and forgiven of our sins. So, entertaining the Lord Mayor (Master Fiona Woolf) and the City of London Aldermen, to Choral Evensong before the welcome dinner in Middle Temple Hall, was an excellent idea. We had a rousing hymn (O God our help in ages past), the beautifully melancholic, The day thou gavest, Lord is ended: Master Treasurer and Master Woolf read the lessons and the Temple Church’s peerless choir sang Ave Maria to the music of Robert Parsons (1570), though personally I prefer the tune from Schubert (1825). But then again, culture is not my strongest suit.

Emerging into the courtyard and contemplating the setting sun shining on the top of the Templar Column, one felt that all was well with the world, though that, I am afraid, was a delusion. All is not well with the world, though I hope it is, at least with our world. It certainly was on that perfect spring evening. Then we strolled to Middle Temple Hall, in the company of the exotically dressed Aldermen and Lord Mayor (our formal evening kit is known as Old Bailey Court Dress) with the Benchers and guests in White Tie. Now, hosting a dinner for the Lord Mayor and City of London Aldermen is a challenging undertaking, even for the Inns. The Palace, the Mansion House and the Inns all have amazing cellars and cooks, probably the finest in London, at least for the larger dinners and banquets, so producing something special depends more upon menu choice, than upon either cost or availability. I am happy to report that the dinner in Middle Temple Hall was stunning. Both the

The evening was a great success and wearing my tricorn Aldermanic hat, on behalf of the City of London Corporation, I thank all those members of the Inns who worked so hard to make it so. 50


carnivores and herbivores were enthralled: even Talleyrand and Epicurus would have been admiring. I have not had finer beef outside the Graycliff Hotel in Nassau and as for the Moroccan Tagine of Apricot, Chickpea and Saffron, one taste of that and I, for once, envied the vegetarians. Your correspondent does not drink, so my comments upon the wines are mere hearsay. But since, these days, you can be sent to prison for life on the “evidence” of what somebody said to somebody else about you in the pub, I think that what I heard from everybody else about the wines must be admissible. The Aldermen, as a rule a somewhat blasé group of diners, were delighted. Master Treasurer made an elegant, informative and witty speech of welcome. He was standing, he told us, where King John had presented his Carta to the City in May 1215, which began a long and generally very friendly relationship between the Inns and the City. Relations now have never been better. He was particularly grateful to the City for the opportunity it gives each year to the Lord Chief Justice to comment publicly and persuasively upon the pressing legal and constitutional issues and concerns of the day. The forum of an annual Mansion House Banquet for such a speech could not be replicated anywhere else and was extremely valuable, he said, in enabling the Lord Chief Justice to express the points of view of the entire Judiciary.



The Lord Mayor, an Honorary Bencher, made a gracious speech of thanks to the Inns for the evening, emphasising how vital it is to her worldwide mission to promote the UK’s financial services, that they are so well supported by the pillars of the English legal framework, namely Middle and Inner Temples. She also thanked Master Treasurer for all that he did as Lord Chief Justice, in particular overseeing the opening of the Rolls Building and for his constitutionally important speeches each July at the Mansion House Judges’ Banquet. The evening was a great success and wearing my tricorn Aldermanic hat, on behalf of the City of London Corporation, I thank all those members of the Inns who worked so hard to make it so.

Called in 1972 and taking silk in 1991, Master Malins is Head of Chambers at Malins Chambers. He has a wideranging international commercial and corporate practice. He is a Governor of the Museum of London and Alderman for the Ward of Farringdon Without in the City of London.

Choral Evensong and Dinner for the Lord Mayor and Corporation

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“No ray of sun” – World War I and the Middle Temple BIJAN OMRANI The World War I Roll of Honour held by the Middle Temple Archive is a beautiful but austere document. Inscribed on vellum and illuminated in gold with the arms of the Inn, it lists nearly everyone from the Inn who served in the War, and also those who died. However, the bare list of names, ranks and regiments give little idea of the extraordinary range of contributions made by members of the Middle Temple to the war effort. This article introduces just a few of their stories.

but also congratulated him that his son died in the service of King and Country. It was a formula that was to be used in the Parliament minutes with ever increasing frequency.

Roll of Honour

The War hit the Middle Temple early and close to home. One of the first wartime entries in the minutes of Parliament records the condolences of the Benchers to Master Glyn. Lewis Glyn KC had already lost two children before the War. His eldest surviving son, Richard, had joined the Middle Temple to study law, but had also served in the Army with the 3 Battalion of the Buffs, East Kent Regiment and was a reservist. He was amongst the first to be called up with the British Expeditionary Force at the start of the War, leaving for France on 7 August 1914, seeing action a few days later at the Battle of the Aisne. As the Germans strove to outflank the Allied armies, Glyn’s unit engaged the invading forces at Radinghem. There, on 20 October, he was shot through the heart. The Benchers offered Master Glyn their condolences,

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Parliament book, 1914

The Parliament minutes show how the War was fought on the home front. The Inn offered assistance for the reconstruction of the ancient Louvain University Library, burnt by the Germans in August 1914. There is a litany of donations to War charities. Funds were most notably raised for the Red Cross by a Shakespearian Fete held in July 1916, attended by members of the Royal Family, an affair which raised £1650, and also an exhibition of Zeppelin wreckage held in Temple Gardens. The Inn was well aware of the threat from the skies. The Fire Committee discussed the removal of valuable portraits, and even visited the National Portrait Gallery to see how they could best be preserved.


Eugene Paul Bennett

Portrait of Berry Cusack Smith

Yet, the gallantry of Middle Templars was best in evidence at the front. Perhaps most conspicuous was Lieutenant Eugene Paul Bennett. Bennett had already made his mark by saving a number of wounded comrades from a collapsed trench under fire at the Battle of Loos in September 1915, thus winning the Military Cross. On 5 November 1916, at the Battle of Transloy Ridges, an engagement in the Battle of the Somme, several companies of Bennett’s Worcestershire Regiment were making a charge over the top against German trenches, but had come under heavy shelling. Many of the officers had been lost and the companies were pinned down in shell holes with rapidly mounting casualties. It seemed likely that they might all be lost and that the attack would fail. Bennett, determined not to let this happen, charged into the heavy fire and the remaining men, emboldened by his example, followed him across the battlefield and captured the German trenches. For this he was awarded the Victoria Cross. Bennett joined the Inn after the War and spent much of his career as a Metropolitan Magistrate.

The loyalty with which Middle Templars served did not mean they were at all restrained in expressing their opinions about the conduct of the War. Sir Berry Cusack-Smith, who joined the Middle Temple in 1884 and then followed a career in the colonial civil service, commanded the 1st Home Counties Brigade of the Royal Field Artillery. During the War he fought in Mesopotamia in an attempt to relieve the Siege of Kut, and was outspoken in his memoirs (Territorials in Mhow and Mesopotamia, 1920) about the quality of generalship he observed: “We wonder any of the “Messy” Generals of those days can hold their heads up in England, when they think of the homes they rendered desolate. We could see our splendid infantry being mown down, as they advanced across the plain, that had not cover enough to shelter one rabbit... Candler says “2650 men frittered away in an attack by daylight, and while they were digging themselves in on front of the enemy’s line.” Frittered is the wrong word to use – murdered seems more expressive.”

“The loyalty with which Middle Templars served did not mean they were at all restrained in expressing their opinions about the conduct of the War.” 

"No ray of sun" - World War I and the Middle Temple

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in the service – and became assistant director-general in the War Office, responsible for administering medical services for women in the Army.

Major William Redmond bust, Wexford City

There were other Templars of less establishment backgrounds who could nevertheless showed surprising loyalty. Willie Redmond was an Irish Nationalist MP. Even after being elected, he was briefly jailed for agitating over land reform, and expelled from the Commons for rhetorical attacks on fellow members. Nevertheless, he joined up in 1914 to fight the Germans, thinking that Irish support for Britain would hasten Home Rule, and thinking that the Germans would treat Ireland like Belgium if they won. He returned frequently from the Front to speak in the Commons and accounts of trench life in the press. His death at the Battle of Messines in 1917 was lamented internationally.

Caricature of Captain Waldo Briggs

Yet Middle Templars also participated in the War in their native profession, the law. Thanks to their expertise, a number of them were detailed to sit on Courts Martial Panels. Much of their work would have pertained to ordinary matters of military discipline, but it is possible to trace Middle Templars who were responsible for sentencing men to be shot at dawn for cowardice. Captain Waldo Briggs, for example, was part of a panel which in 1916 sentenced three men of the Durham Light Infantry – Lance Sergeant J.W. Stones, Lance Corporal J. Macdonald, and Lance Corporal P. Goggins – to be shot at dawn for “shamefully casting away their arms in the face of the enemy”. Another Medical Middle Templar, Major General Robert Blackham, presided over a Medical Board on a man who had been sentenced to death by a Court Martial: “The man was an old soldier who had been in Gallipoli. He deserted after three days in the line and had been “lost” for three months. The plea of insanity had been set up, but the board decided that he had tried trench life and didn’t like it, so he was “for it”.”

Dr Letitia Fairfield

Middle Templars also made their mark in the medical profession. Most conspicuous was Dr Letitia Fairfield. Born in Australia, sister of the novelist Rosemary West, she read Medicine at Edinburgh and London. During the War, she joined the Army, becoming Medical Controller to Queen Mary’s Army Auxiliary Corps, and in 1918 the medical officer in charge of the WRAF. Immediately afterwards she read for the Bar with the Middle Temple and worked in local government. In the Second World War she re-joined the army as a lieutenant-colonel – the most senior woman doctor

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Other Middle Templars were a little more sensible to the horrors of War. John Eugene Crombie joined the Army in 1914 straight after leaving school. In a letter, he records being ordered to bayonet German prisoners at Battle of Arras in 1917. Yet, with this on his conscience, he was also able to write poetry which transcended the horror of the battlefield. The bleak title of this article comes from one of his poems, but in other works, seeing the return of spring he wrote that he could see a divine guiding hand “in every flower that decorates the land.” He was killed on St George’s Day, 1917, age 20.

Bijan Omrani is the author of various works on the history of Afghanistan and Central Asia. He has also taught Classics at Eton and Westminster, and is a published poet in both Latin and English. He is currently reading for the Bar.

"No ray of sun" - World War I and the Middle Temple


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35 Years Before the Mast Followed by 10 Years at the Temple BARRY HOMER On 1 September 2003 I joined the Inn as Head Porter, a position I held for ten years. I had heard of this post becoming available from occupants, past and present, of both Middle and Inner Temples. Dave Evans-Turner, currently Deputy Head Porter of Middle Temple, ‘Dicky’ Dawson former Porter of Inner Temple and Dennis Moffatt, currently a Porter at Inner Temple. All of these fine gentlemen served with me over many years in the Royal Navy. I must also give Jim Stephenson a shout; he joined Inner Temple as a Porter a few years later and is still serving Inner with distinction. My interview was with Brigadier Charles Wright, now Master Wright, and Peter Blair, the then Deputy Under Treasurer. I was pleased, as this was my first ever interview, that it seemed to go rather well. I was delighted when, two days later whilst out sailing in the Solent, I received a telephone call from the Brigadier informing me that my application had been successful. On my first day I was met by the outgoing Head Porter, Richard Sherrington. “You’ll need to be the Inns Oracle, the font of all knowledge” I was told. “You will very quickly need to get your bearings, understand the ways of the Inn, its odd customs, meet the staff and others that will be beneficial to your success as Head Porter”. One other important early

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task was getting to grips with the numerous different titles: Master Treasurer, Under Treasurer, Master Reader, Masters of the Bench, The Reverend and Valiant Master of the Temple, and many others. We ended our tour with a visit to the Devereux, The Slug and Lettuce, The Bank of England and other local hostelries! By the time of Richard’s departure I felt well equipped to take up the mantle of Head Porter. Richard’s final gesture was to ordain me into the Order of St. Basil (a dining “club” of former and current members of staff). A great honour. The Michaelmas term of 2003 was a busy one and it gave me an insight into what to expect for the future. Quite early on I got to grips with the ceremonial aspects of the role, something I thoroughly enjoyed. My first public outing in full ceremonial garb was the Quit Rents Ceremony. Every October the traffic in Middle Temple Lane is halted for a few moments to provide safe passage for the office bearers of the City of London through both Inner and Middle Temple to the Royal Courts of Justice. The Sub Treasurer and Head Porter of Inner provide an escort through Inner to Carpmael Arch, then the Under Treasurer and Head Porter of Middle process the congregation to Outer Temple gate. It didn’t take long before I became fascinated with the


Inn’s history and I soon felt confident enough to give tours of the Hall and Bench Apartments to visitors to the Inn as my predecessors had done for decades before me. These tours, normally allocated an hour, would often run beyond, such is the rich past of the Inn. Throughout my time I am honoured to have witnessed and participated in many events which have become part of the Inn’s glorious history. In 2004, a production of “Trials of Sir Walter Raleigh”, written and arranged by Master Anthony Arlidge (Master Treasurer 2003), took place in Middle Temple Hall. The lead role was played by another Bencher, Master Peter Cowell. Given my background I thought I knew all there was to know about Sir Walter Raleigh, the seafarer, but I was fascinated by this magnificent production. Jumping ahead, 2008 saw the 400th Anniversary of the granting of letters patent, bestowed on the Inn in 1608 by James I of England. The year saw a whole host of celebrations and events marking the occasion. Dinners, fêtes and open weekends all featured, culminating in a visit by Queen Elizabeth II and the Duke of Edinburgh to Temple Church and Middle Temple Hall. It was an unforgettable day, adding to another historical year for the Inn. In 2009, Prince William was Called to the Bar and the Bench. He was asked to take his place at the High Table and became Middle Temple’s Royal Master of the Bench, a position held by his mother, Diana Princess of Wales, and great grandmother, Queen Elizabeth, The Queen Mother. It was an honour to lead the ceremonial aspects of the occasion and to be reacquainted with Prince William following our first meeting many years before on-board HMS Invincible. It also gave the opportunity for the Prince to meet distinguished members of the Inn, including the late Master King-Hamilton, our oldest Bencher at the time, and staff members. In 2012, during the London Olympic Games, the Inn became part of Belgium House. It was a special time, the like of which will not be seen again. We had visitors not only from Belgium but from many other nations, all visiting London for the Games. Many of the Belgian athletes participating in the games visited us. Everybody entered into the spirit of the Olympics. One very special visitor, Eddie Merckx, five time winner of the Tour de France, cycled from his home in

I found the role rewarding and interesting. On one occasion I sat on the Bench at Southwark Crown Court and witnessed Master Richmond as a Recorder. Another time, at the Annual Dinner, I was privileged to be sat next to a High Court Judge. Conversation soon turned to the intricacies of sentencing, which I found most enlightening. It is certainly very different in real life compared to television dramas! During my tenure the staff did their bit for charity. Sarah from the Treasury’s “guess the cuddly toy’s name” game and our Poppy day appeals both provided much-needed funds for their respective causes. We entered into the spirit of Children in Need, with members and staff participating in a rowathon (including Master Whitfield in shirt sleeves). We rode from London to Brighton, on a static bike. Luckily our newly acquired defibrillator was not required and a total of over £600 was raised. It is, at time of writing, some eight months into my retirement and I have had time to reflect on my time in the Inn. In this short article I have only scratched the surface of all the amazing events I was lucky enough to witness and

“...I very much hope I get the opportunity to see the many friends I made at Middle Temple again in the future.” Belgium to support his nation. It was an amazing sight as he calmly dismounted in Fountain Court as though he had just cycled round the block. Belgium’s National Treasure was mobbed by hundreds of well-wishers. During the many Private Guest Nights and Grand Days I attended as Head Porter I met and announced many guests from a whole host of professions: thespians from both stage and screen, sports stars, politicians, members of the Armed Forces and many more. The list reads like a Who’s Who. I served under 11 Master Treasurers: Masters Arlidge, Scott-Baker, Whitfield, Wood, Seabrook, Blair, Newman, Burnton, Oliver, Clarke and Symons; three Under Treasurers: Charles Wright, Peter Hilling and Catherine Quinn; and witnessed approximately 2,500 students being Called to the Bar and listened to nearly 200 new benchers give accounts of themselves to a Hall full of members and guests.



participate in. I am eternally grateful to Brigadier Wright for giving me the opportunity to serve the Inn. I would also like to thank my team of porters, cleaners and security personnel – you never let me down and made my job that much easier. Sometimes in life paths can cross, and I very much hope I get the opportunity to see the many friends I made at Middle Temple again in the future.

Barry left Middle Temple in November 2013 to retire back into Hampshire, (it’s nearer to the sea.) Following a complete refurbishment of his home he has taken up a post with Hampshire County Council as a Registrar and also become employed as a Court Usher in Southampton. He has already been re-acquainted with Master Garlick in Court 4. at Southampton Combined Court.

35 Years Before the Mast Followed by 10 Years at the Temple

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The Professional Negligence Bar Association WILLIAM FLENLEY QC The Professional Negligence Bar Association, commonly known as the PNBA, is the Specialist Bar Association for those practising all areas of professional liability law, including regulatory law. The association currently has just under 1000 members. Its main purpose is to provide continuing education for its members. In this regard we aim to select areas of controversy relevant to our areas of practice, and welcome suggestions for topics from members. We benefit from the willingness of judges, barristers and academics to participate in events in which they have special expertise, often as a result of having been involved in recent leading cases. They are always generous with their time and thoughts. As I write, the PNBA has just launched its new website. This includes a newsletter with notes on recent cases relevant to professional liability. In addition, some of our recent events are available for members to view online. Currently available are films of a seminar chaired by Master Dyson in April which included talks by Dr Janet O’Sullivan of Cambridge University on remoteness and the Achilleas, and Jeremy Nicholson QC of 4 Pump Court on SAAMCo; and of our annual public lecture in May, the Peter Taylor Memorial Lecture, given this year by Baroness Hale of Richmond on the topic “Professional negligence – a panacea for the law’s injustices?” The website also allows members to download written papers given at events over the last 10 years. In the autumn, the PNBA holds the annual clinical negligence residential seminar in either Oxford or Cambridge. This is the leading educational event of the year for those practising in this area, and this year sold out in July. A similar type of event for those practising in the field of solicitors’ or barristers’ negligence is the annual Lawyers’ Liability Day at Gray’s Inn in October. This year the speakers include Mr Justice Stuart-Smith and Michael Pooles QC; as I write tickets are about to go on sale. Later in the autumn we plan to address the topical issue of the civil justice reforms, with Professor Dominic Regan and His Honour Judge Iain Hughes QC. Then in November there is an annual “Back to Basics” course for junior juniors; this year it will address practical advice on everyday challenges in clinical negligence. It is beamed to regional centres by satellite. Our new website will enable members to book tickets for these events online.

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The Professional Negligence Bar Association

In addition to its educational role, the PNBA has a representative function. It responds to consultations on changes to the law, practice or procedure on behalf of its members. This year, it made submissions to the Civil Justice Council at its event to mark the anniversary of the reforms to civil justice, and to the Solicitors Regulation Authority on plans to reduce the level of compulsory insurance cover for solicitors. It is about to make submissions to a subcommittee of the Civil Procedure Rules Committee on reform of the Professional Negligence Pre-Action Protocol. The PNBA relies on the work of its executive committee to organise the various events and activities which I have mentioned. We are very lucky to have a vibrant committee, now including representatives from Bristol, Manchester and Sheffield. I hope we may soon be able to arrange an event in a regional centre. Anyone wishing to become a member should contact the Secretary, Victoria Woodbridge at woodbridge@crownofficechambers.com, at Crown Office Chambers.

William Flenley QC is the Chairman of the PNBA. He was Called to the Bar in 1988 and will be Called to the Bench in November 2014. He is a tenant at Hailsham Chambers where he specialises in professional liability, contract and insurance law.


Website: the-bba.com Email: susan@the-bba.com

Tel: 02072424761 VISION AND MISSION STATEMENT We exist to support, help and comfort those members of the Bar in England and Wales and their families and dependents who are in need, in distress or in difficulties. During the recent past we have helped barristers and their families in every circuit, often saving not only dignity but careers. We help when there is a real catastrophe. Confidentiality limits our disclosure of case histories but they include the effects of severe illness or injury, accidents and other unforeseen tragedies. Our staff are experienced, kind and practical: our Association is a last safety net for those struck down, their partners and children, where there is no income, no capital, no family back up.



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The Four Jurisdictions Conference: Belfast May 2014 MASTER GUY MANSFIELD For those not familiar with this annual event, the Four Jurisdictions Conference is when members of the Inn get together with members of the three other Bars and their Judiciaries. The venue rotates – last year was in Dublin, this year was in Belfast and the next two years will be in Edinburgh and London respectively. The event is open to all members of the Inn – Members of Hall and Bench alike. This year’s event from Friday evening to Sunday lunchtime was a great success, superbly organised by Michael Sheil of the Northern Irish Bar, who is a member of Domus, and Mark Mulholland QC, Chairman of the Northern Irish Bar. Just over a hundred attended. Middle Temple provided some twenty five of those headed by Master Treasurer, supported by Master Deputy Treasurer and Master Deputy Treasurer Elect, with other benchers, members of Hall and partners. The conference has grown in size and scope over the years. It provides a great opportunity to meet our legal ‘cousins’ in the other jurisdictions and to learn from the perspectives of others. The legal sessions provide insights on issues from similar but not identical perspectives. Thus the Irish Republic has a constitution which permits its Supreme Court to strike down legislation. The Scots have a strong Roman law base and under the Act of Union their legal system has remained separate. The Northern Irish have their own Statutes and still have “Diplock” courts providing for trial of terrorist related offences by Judge alone. We have much in common but also important differences of approach. So too, I learned in discussions over meals that the difficulties facing entrants to the profession in England and Wales are mirrored in each of the others. Thus in Scotland there is a proposal to increase the exclusive jurisdiction of the Sheriff courts in civil matters. But there is no matching proposal to relax the rules which make it exceptional to allow counsel’s fees as expenses in such courts. If implemented, this will effectively exclude the junior Bar from much civil litigation. In Northern Ireland there are simply too many people trying to enter a profession which cannot provide the work. Similar issues arise south of the border. The library system provides much less support to new entrants than chambers with funded pupillages.

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Each jurisdiction faces similar difficulties with funding of the courts services and legal aid, and politicians who understand too little what is meant by the rule of law and its essential role in a democratic society with an efficient and fair economy. Talking amongst friends about shared difficulties is a valuable way of bringing to mind insights and ideas which can be carried home. We give each other moral support. On the Saturday morning, the first of the three topics was “Assisted Suicide”. The session was chaired by Master Treasurer. The lead paper was given by Brian Murray SC (Ireland) who led us through decisions from different jurisdictions. Supporting papers were given by Master Parker (who brought the important perspective of a Family judge regularly called upon to make life and death decisions) and Gordon Jackson QC of Scotland. He led us through the Assisted Suicide (Scotland) Bill, currently before the Scottish Parliament. We were made to think about not just the ethical issues and conflicts but important practical matters. Thus the Scottish bill requires the person to have made two separate sets of requests for assistance to two medical practitioners and for each request to have been endorsed by two medical practitioners. It then provides for a tight time limit of 14 days from the date of the second request within which the act of suicide must take place. One and half hours was long enough to start a fascinating discussion but too short to do more than scratch the surface. We were left wanting more. Next was “Inquiries”, chaired by Mr Justice Ryan (Ireland). The principal speaker was Professor (and practising barrister) Sean Doran (N. Ireland). He gave us an illuminating review of the role that inquiries have played in Northern Ireland and their interplay with Inquests and Article 2 of the ECHR. The supporting speakers were Murdo Macleod QC (Scotland) and Master Christopher Clarke. The latter entertained and educated us with ten ‘rules’ about inquiries. The session was highly effective in bringing out what we could learn from the experiences of four jurisdictions operating under different social and political pressures.


The final session was devoted to The European Charter of Fundamental Human Rights, chaired by Anna Poole SC (Scotland). The principal speaker was Master Michael Bowsher and the supporting speakers were Mr Justice MacEochaidh (Irleand) and Master McCloskey (N. Ireland). These four together produced a joint tour de force in explaining the meaning and effect of the principal provisions of the Charter and its role in European jurisprudence. For those in particular like the writer, who came to this topic with a mind not over burdened with relevant learning, it was invaluable. So ended a fascinating and instructive day. It had been preceded on the Friday night by a dinner in the splendid Bar Library. It was followed on Saturday by a fine evening in the Great Hall of Queen’s University which included wonderful singing by four young singers from the Schola Cantorum of St Peter’s Cathedral. The occasion began with a moving presentation by Master Treasurer to Master Geoghegan (Ireland) of a facsimile of the last Brief of Serjeant Sullivan whose original hangs in the Prince’s Room in the Bench apartments. It will hang in the King’s Inns, Dublin. Another facsimile is being prepared and will be presented to the Bar Library in Belfast. Serjeant Sullivan was the last barrister in either Ireland or England to hold the rank of Serjeant-at-Law. Sullivan was called to the Irish Bar in 1892 and to the English Bar by the Middle Temple  in 1899. Appointed KC in 1908, he was appointed King’s Third Serjeant-at-law (Ireland)  in 1912 advancing to First Serjeant in 1919. He defended Sir Roger Casement at his trial for treason in 1916.  No English barrister would defend Casement. He relocated to England in 1921 and established a career at the English Bar. He became a Bencher  and Treasurer of Middle Temple. The close links between jurisdictions which he epitomised live strongly to this day.

The last brief of Serjeant Sullivan

“ The conference has grown in size and scope over the years. It provides a great opportunity to meet our legal ‘cousins’ in the other jurisdictions and to learn from the perspectives of others.” Master Mansfield was Called to the Bar in 1972 and to the Bench in 2000. He practices from One Crown Office Row, where he focuses on legal and medical professional issues, appearing in many reported cases. He was Chairman of the Bar Council in 2005.



The Four Jurisdictions Conference: Belfast May 2014

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A Double Charitable Effort MASTER JANICE BRENNAN

When General David Ramsbotham GCB CBE, Baron Ramsbotham of Kensington, generously donated a private tour of the Houses of Parliament and lunch in the Peers’ Dining Room for two persons, little could he have guessed that not one, but two important charities would benefit from his kindness. His intended beneficiary was Fine Cell Work (www. finecellwork.co.uk), of which he is a Patron. This excellent charity held a fundraising party in the elegant surroundings of Lancaster House late last year. To my amazement I was the highest bidder for Lord Ramsbotham’s prize. It was whilst trying to decide which one person I should invite to accompany me on this special visit to Westminster, that I had one of my rare brainwaves – why not give the second place to whichever Bencher is willing to bid the most, with the proceeds of this mini auction going to the Middle Temple Scholarship Fund? The Under Treasurer was kind enough to administer the auction for me. I was convinced, when I received his email informing me of the result, that he had missed off the decimal point, but no, Master Rodney Stewart Smith, who had sent his bid during his trip to Australia to watch England lose the Ashes, had won with the amazingly generous sum of £1010!! Thus it was that Master Stewart Smith and I made our way to the Peers’ Entrance at the House of Lords on Monday 3 February 2014, where we were met by Lord Ramsbotham.

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We had the most magnificent day. Nothing can beat a private tour of an historical venue conducted by a knowledgeable and personable host. Lord Ramsbotham is an exceedingly interesting man. After a full career in the British Army where he rose to the rank of General, he continued to serve the nation through his appointment as Her Majesty’s Chief Inspector of Prisons. One could not hope to find a more fearless or sensible protector of the needs and rights of prisoners, a generally unpopular and vulnerable section of society. Quite deservedly, he was awarded a life peerage in 2005 and now sits on the cross benches of the House of Lords. One of his many activities in Parliament is to serve on the All Party Parliamentary Group for Learning and Skills in the Criminal Justice System. That dovetails neatly with his Patronage of Fine Cell Work. This cleverly named charity, whose Trustees are chaired by our own Master Geoffrey Rivlin, formerly Recorder of Westminster and Resident Judge at Southwark Crown Court, was founded as long ago as the 1960s by Lady Anne Tree. She recognised the need for prisoners to have an activity which helped them to deal with the stresses of prison life. She remembered her time during the Second World War when she worked in an army canteen and saw both men and women doing embroidery, both to pass the time and also as a form of mental therapy.




When Lady Tree became a visitor to HMP Holloway she began to work with two long term female prisoners on needlepoint carpets, which subsequently were sold. She could readily see the therapeutic effects of sewing and she was determined to persuade the Home Office that this was a way to enable prisoners to learn a useful skill and to earn a small sum for their endeavours. Her years of perseverance with the Ministry eventually paid off. Volunteers go into prisons throughout the United Kingdom to train prisoners how to sew and embroider. Surprisingly a very high proportion of the prisoners who

by the candidate’s financial need. Middle Temple was the first of the Inns to undertake to interview every applicant, however hopeless that person may appear on paper. Contrary to common belief, there is no discrimination in favour of Oxbridge graduates. The Bar needs the academic highfliers but also the hardworking plodders like me! It is not uncommon to find at interview that the candidate with masses of Firsts and ‘A’ grades is incapable of stringing a coherent sentence together, whereas the person with a sound 2:1 degree has bags of personality and drive. In such a case, very often it is the latter who receives the scholarship. Alas the money for scholarships runs out each year before we can award a sum to each meritorious candidate. Hence the importance of the enormous generosity of Master Stewart Smith. Every contribution to the Scholarship Fund, large or small, makes a difference, so please do not be shy about coming forward with a donation.

engage in this work are male, many of them serving extremely long sentences. There is a waiting list at many prisons. Both the prisoners themselves and the staff at the prisons have noticed the beneficial effects of this training. Prisoners are calmer, less angry, more reflective; they gain in self-esteem and confidence. The items they produce are of the highest quality, sought after by leading interior designers and even commissioned by national institutions, such as English Heritage, Tate Modern and the Victoria and Albert Museum. Many prisoners use the money they earn from this work to support their families during their incarceration. On release they have a marketable skill which enables them to enter the world of employment. It is easy to understand why eminent people such as Master Rivlin and Lord Ramsbotham donate their time, their energy and their money to such a worthwhile and effective charity. The Middle Temple Scholarship Fund needs no introduction to the members of Domus. Each year over £1 million is awarded to those applicants who demonstrate potential to succeed at the Bar. It is a strictly merit-based test: however impoverished a particular student may be, he or she will only receive a scholarship if the interviewing panel is satisfied of that potential to succeed. If an applicant passes this merits test, the amount awarded will be determined

Lord and Lady Ramsbotham kindly accepted a joint invitation from Master Stewart Smith and me to come to a Music Night Dinner in July this year. They had a splendid evening and a chance to meet many members of the Inn. And if, at the end of reading this article, you are persuaded to make even a small donation to Fine Cell Work and/or the Middle Temple Scholarship Fund, then you will have my eternal gratitude. To find out more about the scholarship fund or to donate, please visit http://www.middletemple.org.uk/about-us/giving/

Master Brennan was Called to the Bar in 1980 and to the Bench in 2001. She is a tenant at Lamb Building where she specialises in all types of criminal work, with particular expertise with vulnerable defendants and witnesses. She is heavily involved in advocacy training, both at the Inn and elsewhere.

A Double Charitable Effort

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Middle Temple Scholarships Middle Temple has always prided itself on its commitment to encouraging the most talented students, regardless of background. We were the first Inn to make the decision that all candidates for scholarships should be given an interview. The selection process relies heavily on volunteers: typically, six panels of three will spend the week after Easter interviewing about 250 candidates – but we feel that each applicant should be given the opportunity to demonstrate their aptitude for advocacy. The awards are intended to alleviate the burden, but will not usually be sufficient to cover all expenses for the year. Although financial need is an important factor in setting the size of award, scholarships are awarded on merit alone. Merit is determined against the criteria of intellectual ability, motivation to succeed at the Bar, potential as an advocate, and personal qualities. This year the Inn awarded a total of more than £1.2 million in scholarships. The majority of funding (£1.05 million) is granted to students undertaking the Bar Professional Training Course (BPTC). The remainder is split between scholarships for the law conversion course (GDL) and other smaller awards for post-BPTC activities. Below is a list of award winners this year; we offer them all our congratulations.

BPTC Scholarships Awarded 2014 Queen Mother Scholarships Bethany Condron, Zoe Dawson, Mark De Lane Lea, Camilla Draycott, Melissa Elsworth, Sam Goodman, Marie Huggins, Alexander Mahler, Zara McGlone, Racheal Muldoon, Emma Park, Susan Sanders, Vincent Scully, Sophie Shaw, Samuel Shurey & Joel Wallace. Duke & Duchess of Cambridge Scholarships Justine Mitchell & Mohamed Faizul Mohamed Azman. Diana, Princess of Wales Scholarship Malalai Ahmadi. Astbury Scholarships Edward Adkins, Rebecca De Hoest, Maximillian Evans, Gabriella Fearns, Jessica Goldring, James Kingston, Brad Lawlor, Lucy Morell, Rebecca Musgrove, Ryan Page, Joseph Rainer, Natalya Segrove, Caroline Stewart & Anna Sutcliffe. Diplock Scholarships Anna Brailsford, Colin Esbrand, Joshua Hazelwood, David Messling, Jennifer Moles, Elizabeth Mottershaw, Jessica Randell, Rebecca Reynolds, Ayisha Robertson, Rebecca Wheeker & Danielle Young. Harmsworth Scholarships Francesca Anderson, Imogen Annison, Stefan Bisson, Nicholas Craigen, Mansoor Fazli, Danielle Gilmour, Robert Levack, Joshua Longhorne, Charlotte Morgan, Sanjit Nagi, Gemma Noble, Madeline Palacz, Lydia Pearce, Mark Pritchard, Elizabeth Ratnasingham & Ervis Sulce.

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Jules Thorn Scholarships

GDL Scholarships Awarded 2014

Rachel Clement, Toby Craddock, Robert Hanratty, Jolanta Jones, Priya Kapur, Jaipreet Kaur,

Queen Mother Scholarships

Maximillian Melsa, Richard Murtagh, Livia Pality,

Ralph Morley, Thomas Morris & Patrick Wise-Walsh.

Gerard Pitt, Imran Tehal & Iwona Boesche. Diplock Scholarships Benefactors Scholarships

Amy Hazlewood & Damien Shannon.

Ahmed Osman & Brittany Pearce. Harmsworth Scholarship Individual named awards

Scott Willey.

Atkin Chambers Scholarship, Sasha Ma B Montagu Award, Lucy Roberts

Astbury Scholarship

Blackstone Award, Eleanor Lake

Juliet Stevens.

Brick Court Chambers Scholarship, Catherine Daly Christopher Benson Scholarship, Jonathan Cosgrove

Jules Thorn Scholarships

Cunningham Award, Philip Thomas

Aphra Mcleod Bruce-Jones & Oliver Small.

Gardiner Scholarship, Matei Foit Godfrey Heilpern Memorial Prize, Richard Claughton

Benefactors Scholarships

H.R. Light Bursary, Jack Cooper

Thomas Beamont, Michael Brett, Megan Curzon,

HHJ Paul Clark Scholarship, Ololade Saromi

Georgina Griggs, Salmaan Hassanally &

Hubert Monroe Award, Amrit Sehmbi

Roseanna Lagram-Taylor.

Jamieson Award, Mark Curtis Jerry Parthab Singh Scholarship, Tristan Honeyborne Joseph Jackson Award, Sophie Smith-Holland

Entrance Exhibitions Awarded 2014

Malcolm Wright Award, Julie Ball Melissa McDermott Scholarship, Matthew Conway

Edward Adkins, Dilwar Hussain Azad, Nicholas Ball,

Mona De Piro Prize, Jelisa Smith

Monika Baronak-Atkins, Ebru Bayir, Thomas Beamont,

Quatercentenary Scholarship, Alycia Swain

Stefan Bisson, Adam Callan, William Charlesworth,

Robert Garraway Rice Prize, Aaron Luxton

Bethany Condron, Keifer Conroy, Melissa Elsworth,

Rosina Hare Scholarship, Faye Rolfe

Maximillian Evans, Megan Fletcher, Sam Goodman,

Safford Award, Michel Reznik

Rupert Guppy, Tatiana Haigh, Laura Hair, Ashley Halvorsen,

Sir Joseph Cantley Memorial Prize, Ben Chapman

Christopher Harley, Joshua Hazelwood, Amy Hazlewood,

Sir Robert Micklethwait Award, Maurice Lister

Michael Hollis, Marie Huggins, Nicole Jennings,

Stanley Levy Memorial Award, Michael Green

Bethanie John, Maryam Kayani, Roxanne King,

State School Award, Stacey Coatman

James Kingston, Thomas Kingston, Roseanna Lagram-Taylor,

Terence Fitzgerald Award, Robert Ward

Victoria Lees, Jonathan Lilleker, Natasha Linyard-Tough,

The 3-4 South Square Chambers Scholarship, Ashley Hannay

Christopher Lloyd-Eley, Aphra Mcleod Bruce-Jones,

The Connor Scholarship, Gerard Lecain

Andrew Miller, Benjamin Millward, Emily Mitchell,

The Lord Lowry Scholarship, Lauren Suding

Justine Mitchell, Jennifer Moles, Thomas Morris,

The Luboshez Award, Ryan Turner

Richard Murtagh, David O'Neill, Ryan Page, Madeline Palacz,

The Nicholas Pumfrey Memorial Award, Ashley Halvorsen

Nikolaos Pavlopoulos, Lydia Pearce, Bethany Pilling,

The Pump Court Tax Chambers Scholarship, James Webb

Tara-Lynn Poole, Kyan Pucks, Jessica Randell,

The Rose Scholarship, Caitie Mcdonagh

Rebecca Reynolds, Damien Shannon, Samuel Shurey,

Winston Churchill Award, Sulman Iqbal

Oliver Small, Sophie Smith-Holland, Caroline Stewart, Lauren Suding, Jade Swaby, Catherine Thom, Ryan Turner, Elizabeth Vigne, Joel Wallace, Emily Watts, James Webb, Rebecca Wheeker, Scott Willey & Patrick Wise-Walsh.

Scholarships

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The Middle Temple Students' Association

Back row: Sandia Buhorah (City Rep), Alan Parr (Equality and diversity Officer), Katya Kornilova (Treasurer), Matthew Haveron (Social Secretary), Colette Renton (BPP Rep) Front Row: Lara Hassel (Education and Welfare Officer)l, Ali Khan (President) Absent: Adrienne Ryan (Vice President), James Rondel (Debating Officer), Caislin Boyle (Mooting Officer), Mark Ablett (Communication Officer) Sapphire Namoale (Out of London Rep)

Ali Khan, President

In proudly appreciating its role as the mantle of the Bar’s future, the MTSA has remained particularly active this year, helping BPTC students with hands-on learning from the profession. Mooting, a particularly important contribution of the Inn to the students’ learning process, is as popular now as it has ever been. Our Mooting Officer, Caislin Boyle, organised an outstanding calendar of opportunities for students to develop from. Middle Temple was represented at a plethora of internal, national and international competitions, and she has even created new competitions for students to apply

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their skills. The formation of a mooting society has cemented the Inn’s role in the learning process, allowing all students access to advocacy. Along with mooting, students have also been able to practice their debating skills every Monday evening, thanks to the work of our Debating Officer, James Rondel. A substantial part of his role this year was the organisation of the Monroe Cup, a day long competition which this year attracted 88 teams from across the country. It is no small feat to organise such a complicated event and its success shows the dedication which he has given to his role. Matt Haveron, our Social Secretary, has kept morale high in more ways than one. Whilst the Dashing White Sergeant may have sent us a-flurry inside the Hall, he ensured that every nook and cranny had been taken care of behind the


scenes. The mulled wine and mince pies at Christmas were appreciated by all, including our guests from Gray’s Inn, and students enjoyed a spectacular send-off at the Summer Ball in July. All the events were a true team effort, and I am sure he would be the first to extend his gratitude to all members of the committee for ensuring their success. Lara Hassell’s role as Education and Welfare Officer is certainly not for the faint hearted. She took on the responsibility of ensuring that all activities were organised to perfection, particularly the Pupillage Event in the Spring of 2014. Students arrived at Hall, CVs and Pupillage Gateway forms completed, to find a multitude of practitioners ready to give their honest feedback. We are very grateful to Lara for her organisational skills and to our barrister volunteers for generously giving up their time that day to help our students. Alan Parr has ensured that Equality and Diversity sits at the heart of the MTSA’s operation. One of the most difficult problems facing the Inn, and our Association, has been how best to include ‘out-of-London’ students, notwithstanding the efforts of our Out-of-London Officer, Sapphire Namoale. Alan has spear-headed our move to allow for remote meetings, using technology such as Skype, hoping to dissemble the distance felt between London and the rest of the community. We have elected Alan as Continuity Officer for the coming year, an advisory committee role helping ensure the MTSA’s continued success. Through the work of our Communications Officer, Mark Ablett, the MTSA has helped to ensure that students are able to use social media to fully optimise their work. He has been helped by our representatives to the BPTC institutions – Colette Renton, who has also taken the role of Committee Secretary, and Sandia Buhorah. The MTSA could not function without smooth governance, and our treasurer, Katya Kornilova, has been battling to ensure that future generations benefit from firmer accounting measures. Refreshingly, the reality of costs did not phase her, as she harnessed every opportunity available to use our funds responsibly yet fruitfully. A large part of our success this year is due to the leadership of our Vice-President, Adrienne Ryan. None of our best endeavours would have led to anything without firm application, and she has my personal gratitude for the responsibilities she took on in ensuring we applied ourselves fully for our colleagues. It is fair to assume that the vast majority of those reflecting on their year would agree that during their BPTC year they learn as much about themselves as they do about the Bar. It is through the Inns that the Bar can teach students the timeless benefit of the institution, at a professional and a personal level, and explain what is truly meant by ‘the interests of justice’. With great pride, we hand our roles over to the next committee in October, dedicated to assisting them in their own understanding of those interests.

Adrienne Ryan, Vice President

How did you decide to become a member of Middle Temple as opposed to Inner Temple, Gray’s or Lincoln’s? I suspect it was almost a lottery peppered perhaps by the way scholarships are awarded, a vision of future potential wedding venues or even, more sensibly, the library facilities. Whatever the reason, we made the right choice! The Honourable Society of the Middle Temple is a remarkable institution offering a wealth of social events and learning opportunities, the value of which can easily be missed during our years as students. Indeed, there is so much more to being a student member of Middle Temple than simply crossing off those seemingly formidable Qualifying Sessions; as I discovered in September last year. As with many students, I attended the 2013 elections merely to secure one of my requisite QSs. However, fate intervened and a last minute decision to throw my hat in the ring saw me elected as Vice-President of the Middle Temple Student’s Association Committee. As it says on the packet: ‘The MTSA is committed to improving student life at the Inn by planning and promoting a range of activities that amuse, educate and inspire members to achieve great things throughout the year’. As a Committee member I am proud to have been instrumental in fulfilling that obligation and honoured to have had the chance to actively influence student interaction at Middle Temple. I would encourage every Middle Temple student to stand for election to the MTSA Committee but I qualify that encouragement with a warning: being a part of this important Middle Temple institution is not a mere CV filler. Every position is one of responsibility – the responsibility to improve student life at the Inn - and therefore the decision to stand should not be taken lightly! The planning, organisation and provision of the many wonderful events the Committee provides is time consuming and can be onerous, particularly around exam time which, let’s face it, is most of the time. But it is also an experience which is immensely rewarding and offers a rare opportunity to influence the enrichment of those first important years of Middle Temple life.

Adrienne began her career as a police officer in London, dealing with the range of duties including, most profoundly, an IRA terrorist attack resulting in the death of three colleagues. More recently, she was Mayor and Councillor for one of New South Wales’ largest local government areas. Adrienne is the author of ‘A Silent Love’ Marlowe & Company, New York.

Ali Khan studied Arabic and History at SOAS, University of London, and was President of SOAS Students’ Union. During his studies he helped in the setup of Syria’s first English language daily newspaper, of which he was a subeditor. He is looking to develop a broad Human Rights based career at the Bar.



The Middle Temple Students' Association

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Moot Exchange: Middle Temple in North Carolina MASTER PAT EDWARDS

“Nothing could be finer than to be in Carolina…” runs an old song, and this proved to be the case in September when our four finalists in the Rosamund Smith Cup competition, Robert Dacre, Celena Field, Lucy Plumpton and Rosie Scott, joined Christa Richmond and me for the mooting exchange with the University of North Carolina. Christa and I went out in advance for a few days’ holiday and headed for the hills – the Smoky Mountains. En route we lunched with Matthew Martin, an Adjunct Professor of Law at the University of North Carolina and former Judge of the Cherokee Court, and his wife. I was introduced, at a restaurant which is a favourite of President Obama, to the local cuisine – pulled pork, grits and collard greens with a very sweet but delicious beverage called Cheerwine. The following day we visited the Cherokee Court as the guests of one of the present Judges, Kirk Saunooke, himself a member of the Cherokee tribe. We learned from our visit and the excellent Cherokee Museum nearby that there had been a written constitution and a developed Tribal Court system before members of the Eastern Band of Cherokees were forcibly removed to Arkansas and Oklahoma in 1838-39 by the US, eager to occupy their land, in a 2200 mile trek along the “Trail of Tears”. Of 20,000 people who embarked on the journey only 16,000 survived it. Some members of the tribe remained in North Carolina, however, on land purchased on their behalf by an “adopted Cherokee” since they were not permitted to own land, and others returned. The Eastern Band of Cherokee Indians, numbering around 12,500 members, now occupy a reservation of about 100 square miles. We were fascinated to learn about the origin of the written Cherokee language: in 1821 a syllabary, or alphabet, of 86 characters representing each of the sounds of the spoken language was devised by a member of the tribe known as Sequoyah who was not literate in any other language. At the Court it was minor traffic violations day, so unfortunately we did not see much action in a large, circular courtroom – just a queue of offenders paying fines. We learned something of the criminal and civil jurisdictions,

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however, the criminal not extending to non-Indian US citizens (but capable of applying to Christa and me had we committed some offence within the boundaries of the reservation). A jury normally consists of six persons, but a defendant may waive the right to a jury trial. There is also provision for juries in civil cases. A very visible demonstration of the exercise of tribal sovereignty within the reservation, overriding the regulatory laws of the surrounding State, is the casino beside which is a 15 storey hotel for its customers. Gambling is unlawful in North Carolina and apparently visitors flock to Cherokee and never step outside the hotel and casino during their stay (except perhaps to go to the money lender whose advertisement I saw describing it as being opposite the casino). I understand that the income derived from the casino is put to good use by the tribe for schools, health care, housing and other beneficial projects. We had no hesitation in turning our backs on the


casino and using the rest of our time to enjoy the spectacular scenery of the Smoky Mountains National Park and the Blue Ridge Parkway, seeing wonderful flowers, butterflies and moths and elk, but the local bears kept themselves hidden in the woods. Fellow travellers included large numbers of bikers on Harley Davidsons, whose riders seemed almost universally to comprise an overweight man of a certain age with an abundance of facial hair and a female pillion passenger with blonde hair flowing out beneath her helmet. Then we met our four mooters and went to the impressive campus of the University of North Carolina (UNC) at Chapel Hill. UNC was chartered in 1789 under the 1776 Constitution and was the first state university to open its doors, in 1795. The campus boasts buildings old and new; several sporting stadiums, including a 60,000 capacity football stadium; an arboretum; a burial ground; an art museum; a planetarium, and much more including a wonderful student store where we found it impossible to resist buying clothing and other items in the pale blue University colour. There was a free shuttle bus to take us around the campus and to Franklin Street, the main street of Chapel Hill, but I needed to walk to counteract the effect of yet more North Carolina cuisine – hush puppies (which differed from restaurant to restaurant but were always very tasty), grits in various forms, pecan pie…and all served in such huge quantities that restaurants routinely offered boxes in which to take away the uneaten portions. Our one disappointment was a shortage of mint which limited our “Gone with the Wind” mint julep experiences – but the local beer was good.

The day following our arrival the Bar Association of North Carolina hosted a reception for the Middle Temple team and LLM students of the University as well as their own members. Then we got down to the business of mooting. The Law School has a court room used for the moots but also on occasion as a real court. We were joined by Master Ken Broun, Professor of Law Emeritus at UNC, who acted as clerk to call on some of the moots. Master Wilmot-Smith also joined us for one day and judged the second moot. Our moot problem had been set by Master Richmond and concerned the topic of loss of control as a partial defence to murder. The UNC Law School team comprised four second year students. For the first moots the two Middle Temple teams in turn represented the appellant and the UNC teams the respondent. On the final day we moved to the impressive courtroom of the North Carolina Supreme Court where I was privileged to sit as a Judge alongside two members of the regular judiciary for two shorter moots to give everyone the opportunity to appear there. On that occasion the teams represented the other party and their opponents were the team they had not already mooted against. Despite using the same problem repeatedly the arguments always seemed fresh, with different emphases on the points arising. By this stage all participants appeared to have grown in confidence and composure and were fully prepared to deal with whatever interventions the Bench threw at them. Throughout the moots the US Judges commented how much they had enjoyed the accents of the Middle Temple team and relished the novelty of being addressed as “Your Lordships”. The Middle Temple team much appreciated the warm welcome and friendship extended to them by all involved from UNC. In September 2014, Middle Temple will host a team of mooters from North Carolina. There will be a dinner at the Inn for participants and moots at various courts. This year’s moot finalists, Joyce Arnold, Ayesha Christie, Anna Peace and Kerry Nicholson will take part in a mooting exchange at Pepperdine University in California earlier in September.

Master Edwards was Called to the Bar in 1967 and to the Bench in 2003. She was head of the Office of Fair Trading’s legal services division from 1996 to 2004, before which she worked in a number of Government Legal Service posts, including Deputy Legal Adviser to the Home Office.

“Nothing could be finer than to be in Carolina…” 

Moot Exchange in North Carolina

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Mooting CAISLIN BOYLE, MOOTING OFFICER

Acting as Mooting Officer for the Middle Temple Students’ Association (MTSA) this year has been a wonderful experience, one which has brought a degree of challenge, sacrifice and commitment unlike any other role which I have adopted. Having participated in the Willem C Vis mooting competition in 2012 to 2013, I was privy to what my predecessor, Steven Kennedy was doing at the Inn on a dayto-day basis. At that time I felt Mooting Officer was a role I would like to assume, and being on the BPTC part-time, I was able to have that opportunity. As I began my second year of the BPTC with renewed focus, I decided to run for Mooting Officer. On the day of the elections, I wasn’t able to run because of illness, and it felt like a monumental waste of what was a carefully crafted election speech. Disappointed, I put the idea to the back of my mind and rued my fever. However, as luck would have it, a Mooting Officer wasn’t appointed, and I was approached. I gratefully accepted, and got to work. This year has seen a series of successes, and some projects which regrettably did not get off the ground. In terms of the successes, the clear and obvious success must be the Rosamund Smith Competition. Richard Chapman, Students’ Officer at the Inn, and I developed a strong working relationship and the competition ran smoothly. I also participated, but unfortunately did not progress as far as I would have liked. The final is due to take place in October 2014, and all four finalists have won the opportunity to go to the Pepperdine University in Malibu, California, and hone their advocacy skills in a different jurisdiction. The Inn and the MTSA have supported various other mooting projects, including the Willem C Vis moot and the Jessup moot. The Willem C Vis was financially backed by MTSA and the team, trained by two international arbitrators, gained an invaluable amount from their experiences in Vienna. The moot exposed four fortunate members of the Inn to the world of arbitration. The Jessup moot was one of the biggest challenges the team and I faced this year. Having started the role of Mooting Officer later than anticipated, there was a rush to

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secure a trainer for the team. Luckily I was able to secure Dr Theo Boutruche, who is a teaching fellow in International Law and Human Rights at UCL. The team found Theo’s tutelage very useful, and although they did not progress beyond the domestic round, it was great experience for all involved. I also arranged a team for the NSLS (National Student Law Society) and UKLSA (UK Student Law Students Association) moots respectively. The NSLS moot was entered into by Lara Hassell and Will Hooper (Rosamund Smith semi-finalists), and they also progressed to the semi-final of this moot. They faced Birkbeck (University of London), City University, Huddersfield University and Southampton University, only to narrowly lose out to Lincoln’s Inn. Emily Battcock and Phil Anderson represented the Inn in the UKLA moot, and progressed to the quarter-final of the competition. They faced Inner Temple and Brighton University, only to narrowly lose out to Oxford University. Each moot was judged by vastly experienced barristers and I would like to thank: Stephen Bartlett-Jones (1 Pump Court) Sam Parham (Garden Court Chambers) Oliver Caplin (20 Essex Street) Amy Clarke (5 Essex Court) Robert Cohen (5 Essex Court) Mohammed Bashir (Thomas Bingham Chambers) I also wish to give a special mention to Georgina Wolfe of 5 Essex Court, without whom I would not have been able to secure judges for a number of moots. Georgina has been indispensable to MTSA and to me personally. Her attitude toward assisting the burgeoning members of the Inn is admirable and vital in equal measure. The last competition I organised was the Inter-Inn moot. This competition, between all four Inns of Court, has been


expertly organised by my Inner Temple counterpart, Sharin Cockerton. Again, my role was to secure judges, which I was able to do with the assistance of Christa Richmond, Director of Education Services. Master Whitfield and Dijen Basu of 5 Essex Court both kindly agreed to judge the competition. Middle Temple, represented by Matthew Haveron and Kevin Brown, progressed to the final, which took place on 4 July. They unfortunately lost out to Inner Temple, but remarked on how good an experience the competition proved to be. I am very proud of the work that everyone has done this year, but I do regret the one project which did not quite get going. I had hoped to organise a competition for members of the Inn who had entered the Rosamund Smith but did not progress beyond the quarter finals, giving them an opportunity to gain more advocacy experience. The idea was supported by Christa Richmond and the Master of Moots, Master Richard Wilmot-Smith, but timing transpired against us. However, the concept is not entirely dead in the water and I hope it to be something my successor would consider resurrecting. I thoroughly enjoyed my time as Mooting Officer, which offered unprecedented access to many aspects of the Inn which would otherwise have been somewhat of a mystery.

I cultivated relationships, and enjoyed my role as facilitator. There is no question that such a role diminishes the number of competitions in which you are able to participate, but I would not exchange that for the year I have had. My advice to my successor would be to have a smartphone, for constant access to emails is key to succeeding in this role! Caislin has recently completed her BPTC, during which she worked as a paralegal. She also volunteered with the Waterloo Legal Advice Service and Personal Support Unit. Caislin studied for her LLB at the University of Liverpool. Caislin has since commenced a role with Leigh Day, and writes for the Justice Gap.

Mooting

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Debating JAMES RONDEL Initially it had not been my intention to stand for any position within the MTSA. I attended the elections believing that I was not going to be leaving with any responsibility other than to complete the piece of drafting that was due at University the following day. It was only as I was listening to the outgoing President’s announcement that there were not many formal applications for positions, and thus that she would be taking applications from the floor, that I knew I was too quick to tell myself that I was not going to stand for election. Oh dear. Master Reade told those in attendance that whoever was elected as Debating Officer should contact him afterwards, and I it was not until I contacted him the following day that I fully realised that I had taken on yet another Committee position whilst studying! Last year’s Debating Officer, Ellen, had arranged for two teams to take part at Oxford’s IV, so I needed to get to work quickly. After receiving some helpful handover guidance notes from Ellen I was on my own, and set about the task of persuading my Middle Temple peers to debate on a regular basis. That campaign was initially successful, but I must say that numbers began to wane as the BPTC increased in pressure after Christmas. However, we did still manage to meet on a number of occasions. The content of the workshops varied depending on who was present as I preferred allowing participants to decide on the motion themselves rather than offering one myself. The topics raised were often interesting and challenging; one I found particularly enjoyable was on internet censorship. These workshops were only one aspect of debating this year. My main focus was on sending teams to represent Middle Temple at competitions, as well as organising the annual Monroe Cup and inviting outside competitors into the Inn to take part in the Cup.

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Middle Temple was represented at the Oxford IV by Andy Bell and Alex Little, and we also sent two teams to the John Smith Memorial Mace where amongst other motions was the topic, “This House believes that Margaret Thatcher’s Premiership did more harm than good”. As I am sure you can imagine this certainly led to heated debate! I was proud to be able to send a team to represent the Inn at a further external competition: the King’s College IV. However my role as Debating Officer expanded beyond simply sending teams to debate. Ubah Dirie and Kabir Bhalla represented Middle Temple at the UK Mediation Competition, and I sanctioned a subsidy towards the team’s entry. I was delighted to hear that they were runners-up in the competition. I sincerely hope that this competition, and indeed the skill of mediation, is something in which future Student Committees will participate. Perhaps the biggest challenge that I have had this year, other than trying to enthuse classmates to come and debate with me, was to organise the Monroe Cup. On Saturday 7 June the Inn hosted this year’s competition and we had an amazing 44 teams competing for the chance to lift the famous trophy. I was fortunate to have had a brilliant CA team that decided on the motions to be debated. These included; “This House believes that seats in the UK Parliament should be based on competitive merit-based examinations, rather than elections”, and “This House believes that the United States Government should pay reparations for descendants of former slaves”. The event was a success from start to finish and I couldn’t be happier with how it was received. Those who assisted me on the day, and in particular the events staff at the Inn, did a superb job to accommodate us. Congratulations to the winning team, Liberty Megaziod, which comprised Jordan Anderson from King’s College London and Ashish Kumar from University of Cambridge.


“...I would like to say that it has been a thoroughly enjoyable experience to have represented Middle Temple, and my peers in the role of Student Debating Officer.” It is at this point that I should offer two words of thanks. The first of these is to Monifa Walters-Thompson, convenor of the Monroe Cup. The success of this year’s competition would not have happened without her input. Such is her undying enthusiasm for debating, she has taken on everything I have asked of her with great energy and skill. I have been blessed in having someone so organised to work with this year. Thank you Monifa. The second work of thanks is to Christa Richmond, Director of Education Services at the Inn. I was told shortly after becoming elected that if you want something doing, you should speak to Christa. I don’t think that I have heard a truer word spoken in my time at the Inn. Whilst I can only speak from my perspective as Debating Officer, I can say that Christa has been a pleasure to work with and has gone out of her way to assist me and the rest of the Committee. Thank you Christa.

As a final note, I would like to say that I have thoroughly enjoyed representing Middle Temple and my peers in the role of Student Debating Officer. Through my position I have managed to meet some wonderful people and, with the help of Master Reade, I feel that I have been able to continue the proud tradition of debating within the Inn. I hope that the Society continues to flourish over the coming years.

Following his undergraduate degree in History and Politics and his GDL, James has recently completed the BPTC. He has returned to Jersey and begun working as a paralegal with the Offshore Law Firm Carey Olsen. He hopes to take his Jersey Bar exams in due course and is currently spending his spare time reading, campaigning and playing football.

Debating

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Middle Temple Access to the Bar Awards UBAH DIRIE As an undergraduate I spent all of my holidays working in a variety of jobs to fund myself throughout my studies. I had worked as a teaching assistant, hotel concierge, HR assistant, translator, receptionist, and I even did a bit of painting and decorating! My finances were a priority so undertaking unpaid legal work experience did not feature anywhere on my radar. Furthermore I was from the first generation in my family to go to university; I had no contacts in the legal profession and really did not know where I would start. It was in the final year of my studies that I found out about Middle Temple’s Access to the Bar Awards. Funded by the donations of senior members of the Inn, the awards were intended to assist able students from backgrounds which do not traditionally foster aspirations for a career at the Bar, to help them make an informed choice about their options. The scheme provided for two funded weeks of work experience: one week marshalling and the other week in chambers. The criteria to be considered for an award were quite clear: it was open to undergraduates with little or no family history of higher education, who were likely to achieve a first or good 2:1, had experienced success in mooting

to make an informed decision about whether I would be suited to this vocation. During those two weeks I learnt many things. Not only did I read and observe many interesting cases but I was also able to speak frankly with many barristers who were open and honest about the challenges of entering the profession and the early years of practice. I was struck by how incredibly nice and approachable everyone I met was - nothing like how I’d imagined! In chambers I encountered a real collegiate and supportive atmosphere, again a world away from the medieval dystopia I created in my mind. Through marshalling I was able to observe first class advocacy and note the importance of the role of counsel having seen a number of litigants in person. Master Bean was a fantastic source of advice and imparted many pearls of wisdom that resonated with me; particularly the importance of networking and making my own luck; Since the pivotal summer of 2012 I have fully embraced the opportunities presented to me and I have endeavoured to make opportunities for myself. This approach has enabled me to undertake a LLM with the assistance of a

“As dramatic as it sounds, I can honestly say it has changed my life.” or debating alongside references evidencing intellectual ability, strong communication skills and the motivation and determination to succeed at the Bar. Believing I met the criteria I applied with the support of my law school. Fortunately I was shortlisted for interview and after a gentle grilling I was selected as one of the recipients of the award. Prior to the scheme, I admit that I had a very limited and negative perception of the Bar. In my uninformed mind it was an old boys’ network where success was measured by who you knew; I had resolved that there was no place for ‘people like me’. In the summer of 2012 I undertook a mini pupillage at Essex Court Chambers and spent a week marshalling with Master Bean at the High Court. It was an all round fantastic experience and totally changed my perception of the profession. As dramatic as it sounds, I can honestly say it changed my life; my experiences enabled me

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scholarship and complete more mini pupillages. Together with three other students I have also been involved in a free legal advice clinic which was featured in the Times Higher Education Supplement and with the support of a Queen Mother Scholarship I have now completed the BPTC. The quest for pupillage is undoubtedly competitive and one which can at times be incredibly disheartening. The statistics of those completing the BPTC and obtaining pupillage do not make for happy reading. Nevertheless, looking at the profiles of current pupils and recent tenants, I can see that it is hard work and perseverance that is rewarded. Despite sound advice from my friends and family, I have chosen to pursue a career at the publicly funded Bar. I am under no illusions that this path is an arduous one, littered with many obstacles. However the Bar is and always has been a risky


profession and it is a risk that I am willing to take. With that in mind I am a pragmatist. I will work incredibly hard to obtain pupillage however in the event I do not, I will not despair or become riddled with bitterness. I have had the great privilege of becoming the member of a great Inn and met some firm friends. The skills and experiences that I have gained over the past two years are invaluable, I know that many other professions and industries will covet such a skill set. I am acutely aware of the important role Middle Temple has played in my journey thus far and it is one that cannot be understated. As a student member of the Inn I have found dining, attending lecturers and advocacy weekends great fun. I’ve even represented the Inn at The Worshipful Company of Arbitrators’ UK Mediation Skills Competition and been a quarter-finalist in the Rosamund Smith Mooting competition. My experiences have been wholly positive. When one does not know what to expect, the Inn can be a pretty intimidating place; however the warm reception I and my coursemates have received from the outset from

all corners has been fantastic. From Christa Richmond, the Benchers, advocacy trainers, staff working in the Treasury Office and all the lovely porters - everyone has made us feel incredibly welcome. It is no wonder that Middle Temple amongst my peers has the reputation of being the nicest of all the Inns. In sum, I am proud to report that I have come a long way from the misinformed caricature of the profession and Inns that I once held as truth. In his 2007 report on Entry to the Bar, Lord Neuberger stated that “the Bar can only flourish and retain public confidence if it is a diverse and inclusive profession”. Middle Temple’s progressive approach and commitment to diversity is evermore vital in these testing times for the future health and strength of the profession. If you would like to know more about the Middle Temple Access to the Bar Scheme, please contact Christa Richmond, Director of Education Services, at c.richmond@middletemple.org.uk.

Ubah has just completed the BPTC with the assistance of a Queen Mother Scholarship and is due to be called later this year. She undertook her LLB and LLM at the University of Sussex and is currently volunteering at Bail for Immigration Detainees before starting pupillage at Garden Court Chambers.

Ubah Dirie with Master Bean



Access to the Bar Awards

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Changing Perceptions MASTER STEPHEN HOCKMAN AND EMILY LANHAM

Times are changing in the legal profession, and the Bar with it. In 2014, Middle Temple recites one of its core purposes with renewed vigour; “the promotion of diversity and access to the Bar”. At present, more than ever, the Bar – both employed and self-employed - needs to appeal to a wider audience, and to seek to create a healthy and more open dialogue between the Inns of Court and the public at large. It is well known that cuts to Legal Aid have had a devastating effect - actual or at the very least potential - on the publicly funded Bar, and the privately funded Bar too has had its fair share of difficulties in recent years. It is therefore crucial that in the coming months we don’t retreat into an obsession with our own struggles, and instead unite to plan for a more certain future.

programme, and a new committee comprising Benchers, members of Hall and students has been established. The Equality, Diversity and Social Mobility Sub-Committee, a reincarnation of an informal group previously – and still – chaired by the irrepressible Master Bernard Richmond, aims not only to promote those very objectives but in so doing to further the public image of the Bar and to support new and existing members in doing so. The primary mission statement is simple; create a level playing field for all. Yes, we want to continue the work that has been done in making the Bar accessible to all at entry level, but we also want to help more senior members feel secure in their profession. The Bar is a high intensity career path, there are proven problems with mental health,

“By developing our relationships internally and externally, we will be aiding public understanding of the role in a democratic society of the law, of the courts and of those who practise in them.” There has been much talk of the possible demise of the Bar, but it seems rather too soon to surrender to fatalism. Instead, it is time for an overhaul of tradition; we need to commit to greater openness and transparency. It is time to renew the battle for public esteem. It is also time to assist ordinary people to acquire a sense of ownership of the law and of the legal system, and a greater understanding of the social importance of the law. Barristers must be ready to justify their existence to a society that has largely been kept at a distance from them by financial and social barriers. Now, the public needs to understand what the Bar is, why the stereotype of white middle-class men making a living from young criminals is untrue, and most of all why barristers are needed. In a step towards a more inclusive and positive public image, Middle Temple has expanded its equality and diversity

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women’s equality and career progression, as well as general well-being on a day to day basis. The Equality, Diversity and Social Mobility Sub-Committee (EDSM) intends to address some of these issues so as to make sure Middle Temple is a supportive foundation for its members. Middle Temple has for long done fantastic work with sponsorship, pupillage and marshalling schemes and open days for the young. These are in place to ensure accessibility, but we are well aware that there is much more to be done to make the Bar an appealing and realistic choice of career. As such, it is our intention to increase our outreach work.

EDSM also hopes to promulgate the positive efforts that we make to ensure that potential and actual practitioners are


supported, and as part of that we are broadening our links with external partners. Specifically, we have been lucky enough to have had Sam Mercer, head of the Bar Council’s Equality and Diversity programme, join EDSM as a participant. Sam has highlighted the problems that women among others face at the Bar, and is a source of information and inspiration for future campaigns. EDSM has also been exploring and connecting with the voluntary groups available within the educational and community sectors, and has begun discussing outreach options in relation to younger, disadvantaged youths in London, beginning a more positive relationship with those who might one day join the profession. The founding of EDSM is a symbol of the attitude which one hopes Middle Temple will adopt towards society at large in future years; a litmus test of its relationship and that of the wider legal profession with society as a whole, and we are more than hopeful as to the likely results. This can be seen as one step – hopefully among many - towards the Bar gaining or regaining credibility in the wider world. No member of the public would wish to help to preserve something that is seen as over-paid and self-regarding. By developing our relationships internally and externally, we will be aiding public understanding of the role in a democratic society of the law, of the courts and of those who practise in them. If we do this well, not only will we help to dissolve any residual hostility towards the profession, but we will at the same time secure positive engagement from those sections of society which have up to this point been relatively unrepresented within our ranks.

Master Hockman is Deputy Treasurer; he will be Treasurer in 2015. He has been Head of Chambers at 6 Pump Court since 1997. He specialises in regulatory law, especially health and safety, environmental and planning law. He took Silk in 1990 and sits as a Deputy High Court Judge. He was Chairman of the Bar in 2006.

Emily Lanham is a student member of the Inn who obtained her LLB from the University of York in 2013. She sits on the Equality, Diversity and Social Mobility Sub-Committee.



Changing Perceptions

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Marshalling in a Tribunal Setting JUDGE ALISON MCKENNA AND LARA HASSELL Every year, Middle Temple provides a number of marshalling placements, offering students the chance to sit with a judge on the bench in court for between one and five days. Many of these placements are in tribunals. Tribunals are a very significant part of the administrative justice framework – in 2012-13, they received around 875,000 new cases, compared with 130,000 received in the Crown Court – but offer a unique insight for students who rarely experience them on mini-pupillages.

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The view from the Bench Earlier this year, I signed up to the Middle Temple Marshalling Scheme. I wasn’t quite sure what to expect, but so far I have enjoyed it enormously. Here are my reflections on the experience so far. I was motivated to put my name down for reasons which were (a) altruistic and (b) pretty self-interested, if the truth be told. On the side of the angels was my awareness (having just completed two years as a Judicial Appointments Commissioner) that the professions need to have diversity amongst their intake of members if we are in years to come to have a judiciary which is more representative of the society it serves. Many of the initiatives which had helped me personally to establish a career at the Bar (free university tuition, local authority maintenance grants, legal aid briefs) have since disappeared and I was concerned that the high costs of entry to the profession plus the fierce competition for pupillage may eliminate good candidates from nontraditional backgrounds. It seemed to me that whilst offering students experience as a Marshal could not overcome the impediments to social mobility that I have described, it might just give them an ‘edge’ in pupillage interviews which could otherwise be lacking and so help them take the first step on the road to a legal (maybe even judicial?) career. The self-interested part of me seized the opportunity to use marshalling as a way to interest able students in the work of the Pro Bono charities which provide such invaluable assistance to Appellants (and Judges!) in the tribunal system. My work involves hearing Charity and Tax appeals in the Firsttier Tribunal, from which vantage point I know only too well the value of Pro Bono representatives. I have been particularly keen to encourage Pro Bono legal representation schemes for charities involved in tribunal litigation for obvious reasons. I have found that Bar students tend to know rather little about tribunals because the subject is not well-covered in formal legal training. However, once they have some exposure to tribunal cases it does not take them long to cotton on to the idea that there is a lot to interest them in the tribunal world and that volunteering for the Pro Bono charities is a great way for them to get some early experience ‘on their feet’. I have offered to create a ‘tribunals briefing pack’ for would-be marshals but have not had the time to write one yet. Lara Hassell (my co-contributor to this article) has kindly offered to help me with this project. I have had four Marshals sitting with me so far, and they have seen a good variety of cases. Two of them (separately) sat in on Tax appeals. One case concerned the availability of ‘sideways relief’ for a taxpayer with more than one string to her bow, the other was an excise duty restoration appeal involving the importation of a quantity of silver bullion and the seizure of the vehicle used to transport it. The other two Marshals (jointly) sat in on two day charity status appeal concerning the ambit of the charitable purpose of ‘promoting human rights’. Some of them have been in touch since their time with me and asked for a copy of the reserved decision in the case they observed. I have explained to all of the parties who the Marshal was and what they were doing and none has had any difficulty with it. All of my Marshals so far have demonstrated a lively interest in the weird and wonderful life of a Tribunal Judge. They have also asked me lots of challenging questions about



the case and about ‘judge-craft’; in other words, what did I do and why did I do it! I have really enjoyed meeting them all and, hopefully, opening their eyes to a part of the legal system which they may not have considered previously. I would encourage other Judges to consider putting themselves forward to take a Marshal for a few days

A student’s view I made an application for a marshalling placement as soon as I started the BPTC. I had noticed on pupillage application forms that there was often space to detail marshalling placements and as any barrister will tell you, blank spaces on application forms never look good! My decision to apply for a placement was therefore entirely motivated by self-interest and a desire to boost my CV. What I took away from my marshalling placement with Judge McKenna in the Tax Tribunal, however, went far beyond a sentence or two on my pupillage applications. My experience to date has demonstrated that there is no ‘right’ way of doing advocacy – but there are plenty of wrong ways to do it. Marshalling, in my view, gives students a much better overview of advocacy styles and how to present a case effectively than a mini-pupillage ever can. It takes a very honest barrister to tell a mini-pupil their advocacy was less good than usual that day, or that their skeleton argument was sloppy at best. Judges, however, are independent, and can (and will!) make observations invaluable to anyone looking to understand how to be persuasive. Through talking to a judge, students can learn what those on the Bench find helpful, what style of advocacy tends to set their teeth on edge, and the process once the barrister’s role is over – insights that will set would-be pupils up for the rest of their careers. Furthermore, whilst mini-pupillages are essential for students to gain experience of ‘life at the Bar’ and particularly for feeling their way around different areas of law and sets of chambers, marshalling alone provides a unique, panoramic view of the courts system. This is essential to avoid a tunnelvision understanding of what barristers are there to achieve. Through marshalling, it becomes clear why the duty of disclosure, for example, is so important: it is not the judiciary alone that is there to achieve justice. Even if, however, pupillage is all you care about, the value of marshalling does not stop at the paper stage. Marshalling at a tribunal has enabled me to speak about litigants-in-person at interviews with real experience behind me, moving me away from the theoretical and rendering me more convincing as a pupillage candidate. I am most grateful to both Middle Temple and Judge McKenna for giving me this opportunity. Alison McKenna was Called to the Bar in 1988. She became a salaried Tribunal Judge in 2008. She is the Principal Judge for charity appeals in the First-tier Tribunal (General Regulatory Chamber) and also sits in the First-tier Tribunal (Tax Chamber) and as a Deputy Judge of the Upper Tribunal. Lara Hassell completed the BPTC at City University this year, following a History degree at the University of Cambridge in 2009-2012 and the GDL in 2013. She has served as the 2013-2014 Education and Welfare Officer for the Middle Temple Students’ Association.

Marshalling in a Tribumal Setting

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Middle Temple Young Barristers’ Association MTYBA COMMITTEE 2014 In a change to MTYBA’s constitution to align our committee terms with those of Hall Committee the MTYBA elections took place in January 2014 and the new MTYBA committee, which will run the association, for the 2014 calendar year took over straight away. Our “Finding your Feet in Second Six” event took place on 20 March, providing soon to be second six pupils the opportunity to quiz a panel of junior tenants from a range of practice areas about what to expect and how to survive. This was followed on 3 April with an application feedback event for those seeking pupillage. Attendees were able to have their application forms reviewed by established practitioners and receive individual feedback on how they could be improved. The Committee also managed to attend two of Master Treasurer’s Circuit Visits, in Manchester and Birmingham, in order to explore ways in which we can extend our activities onto circuit. The people we met with were enthusiastic about holding more events for junior members outside of London and we are now in the process of planning our first social on Circuit. This year we have tried to increase the number of opportunities for junior members of the Inn to get together and socialise. In particular we have increased the number of events held outside the Inn. Our first cocktail evening on board The Yacht at Temple Pier was a huge success and we will follow this up with a trip to the Great British Beer Festival in August. This year has also seen the first four awards made from the Intern Scholarship Fund, an initiative that MTYBA has been working on with other bodies within the Inn for the

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Middle Temple Young Barristers' Association

last two years. The fund provides a contribution towards the costs of undertaking an overseas internship for those who are in the process of seeking pupillage. In June we held MTYBA’s first training session for “Pupillage Interview Advocacy” which gave pupillage candidates the opportunity to perform a mock interview advocacy exercise in front of a panel of practitioners with interviewing experience. The practitioners then provided feedback with specific reference to what pupillage panels look for. The event was oversubscribed and the feedback was very positive. Many attendees had not had the opportunity to practice advocacy since their Bar course and found the tailored feedback invaluable. With the support of more practitioners we hope to expand the event next year so that as many potential Middle Temple pupils as possible are able to participate. The committee’s plans for the remainder of the year include a (late) summer party in September, free CPD sessions for junior tenants, a networking event in conjunction with junior solicitors groups and, of course, our Christmas party. If any members of the Inn who are looking for pupillage, about to start or on pupillage, or are in their first 5 years of practice and would like to get more involved in MTYBA please email middletempleyoungbar@gmail.com and ask to be added to our mailing list.


Judicial Review Competition Final WILLIAM HORWOOD, SECRETARY, HRLA STUDENT COMMITTEE On 15 May 2014 the final of the HRLA Judicial Review Competition was held at Middle Temple Hall. The two teams granted permission to apply for judicial review at the oral permission stage in March 2014 presented their submissions to the Divisional Court (The Right Honourable Lord Justice Beatson, Master Laing and Master Robertson). Daniel Isenberg (City Law School) and Mickey Keller (University of Law) represented the Claimant, the UK Religious Rights Organisation. The Claimant was applying for judicial review of the decision of the Criminal Procedure Rule Committee to prohibit the wearing of any full-faced veil by a defendant when giving evidence in criminal proceedings, and to introduce a discretionary rule allowing

Competition winners Ben Woolgar and Jyoti Wood

impede the fairness of criminal proceedings, as trial judges were given a wide discretion and could order all witnesses for both prosecution and defence to remove any face coverings. Master Robertson asked whether the Secretary of State should be interfering with the right of a defendant to present herself as she chooses in court. Michael Polak, Chair of the HRLA’s Student Committee, stated that “it was fantastic to have such an accomplished bench for our annual competition at Middle Temple and particularly impressive how both teams responded calmly to a number of judicial interventions.” The court announced its decision after dinner. The Right Honourable Lord Justice Beatson, giving the judgment of the

“The Right Honourable Lord Justice Beatson, giving the judgment of the court, paid tribute to the excellent and focused submissions of both parties.” judges to prohibit other witnesses from wearing the same. It was submitted on behalf of the Claimant that the new rule breached Article 6 (right to a fair trial) and Article 9 (right to religious freedom) of the European Convention on Human Rights, as well as breaching Article 14 (the prohibition on discrimination) when read with Articles 6 and 9. The Claimant relied on decisions in other common law jurisdictions, and in particular one from the Auckland District Court in New Zealand which held that a fair trial was possible with defendants and witnesses wearing the full face veil. The Right Honourable Lord Justice Beatson pointed out that that decision was qualified by the fact that the Auckland court had reached that conclusion “with considerable reluctance”. Ben Woolgar and Jyoti Wood (both City Law School) represented the Defendant, the Secretary of State for Justice. It was submitted on behalf of the Defendant that the new rule pursued a legitimate aim (that of protecting the rights and freedoms of others), or alternatively that it was a necessary and proportionate interference with Article 9 rights. It was also submitted that the new rule did not



court, paid tribute to the excellent and focused submissions of both parties. He stated that the court had reached the conclusion that the application for judicial review should be dismissed, and had decided that Mr Woolgar and Miss Wood, for the Defendant, had a slight edge over Mr Isenberg and Mr Keller when marking for advocacy. Mr Woolgar and Miss Wood were therefore declared the winners of 2014 HRLA Judicial Review Competition. The winners and the runners-up were awarded various prizes, generously donated by The Pen Shop, Hart Publishing, Oxford University Press and Justice.

William Horwood is a BPTC student at the University of Law (part-time) and the secretary of the Human Rights Lawyers' Association Student Committee. He combines his studies with a full-time job in HM Courts and Tribunals Service.

Judicial Review Competition Final

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The Gentleman’s Magazine HILARY WOODARD Edward Cave (1691-1754) was an English printer, editor and publisher who created the first general interest magazine of the times, called The Gentleman’s Magazine. When no publisher showed any interest in it, Cave published it himself, and when it became the most influential magazine of the time, he became very wealthy. The Gentleman’s Magazine was a monthly digest of news and commentary on a diverse range of topics of interest to the general public including commerce, poetry, biography, essays, historical passages, parliamentary reports and debates. It is particularly useful to genealogists as it also published notices of births, marriages and deaths, reports of promotions in the army and navy, preferments of clergy in the Church of England and bankruptcies. Sadly, published notices were discontinued in 1856 and obituaries were removed in June 1868. Cave used some well-known contributors such as Samuel Johnson, giving him his first regular employment as a writer, Sir John Hawkins and Jonathan Swift. He also contributed pieces himself using the pseudonym of Sylvanus Urban. The magazine was extensively distributed throughout the English speaking world, flourishing during the 18th Century and much of the 19th Century under a number of different editors and publishers. While other magazines fell by the wayside, The Gentleman’s Magazine endured, running from January 1731, uninterrupted for almost 200 years, changing its name with each new series:731-1735 The Gentleman’s Magazine or Monthly 1 Intelligencer 1736-1833 The Gentleman’s Magazine and Historical  Chronicle

1834-1856 New Series, The Gentleman’s Magazine 1856-1868 The Gentleman’s Magazine and Historical  Review 1868-1922 Entirely New Series: The Gentleman’s Magazine In addition to an index for each year of The Gentleman’s Magazine, a full index in 75 volumes covering the years 17311850, was compiled by the College of Arms. An abstract of the main contents of The Gentleman’s Magazine from 1731 to 1868 has been published by George L. Gomme and organised into volumes by county containing local history, topography and family history, which again is a valuable reference tool for genealogists. This work has been digitized and indexed by Ancestry.com, available by subscription. You can also find comprehensive holdings of The Gentleman’s Magazine in digital format online. The Library holds a run of The Gentleman’s Magazine from 1731-1868, housed in the basement, and I have recently completed a project checking all 172 volumes for obituary notices of Middle Templars, scanning them to CD Rom and creating an index of names. This, along with scanned obituaries from newspapers, complete with an index, will primarily be for use of staff in the Inn’s Archive when responding to enquiries concerning biographical information on Middle Templars. While reading through the obituaries, I was surprised by just how many ladies died as a result of their dresses catching fire whilst standing by the hearth and by how many people committed suicide by swallowing prussic acid. I made a note of some of the more rather bizarre, if somewhat sad obituaries, some of which made me laugh out loud. I have included a selection below.

ed 120, who in “his death “Daniel Atkin, ag life contracted by the explo was caused the course of his sio ven prolific wives for roastin n of a machine marriage with se tg ea coff children and gr he had just ee, of which whose children’s to nt ou patented th am to e said e grandchildren ar in v ” e es n al tion” m 0 fe 320 males and 25 “while shooting on the mountain side near Calcutta, he was killed by a monkey throwing a large stone at him, striking him on the temple” n r u b k c o C “Brigadier ly after n e d d “he died as a consequence died su bers and m u c u c of drinking cold water g n ti ea ider” c g in k whil in st over-heated in the r d pursuit of moose deer”

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The Gentleman's Magazine

me a or some ti but f ld e h e h y “ in the arm en n io s is m nk com tim of dru died a vic us habits” and vicio

“she commit te by taking en d suicide ough of the essential oil of a destroy eigh lmonds to t persons” Hilary Woodard joined the Middle Temple in 2000. Originally the Parliamentary Publications Librarian, she developed to manage the Ecclesiastical Collection and Consistory Court Reports. Hilary also found time to carry out other projects including searching through 75 volumes of the Gentleman’s Magazine to enhance our records. She retired in July.


The Judge BY SHAZEEYAH AKHTAR

Early start there is much to do The day has begun with no papers to view. The clerk chases but parties are in court “All rise”, the Judge enters to get a report. Briefly smiles then brow raised with dismay Your Honour wants the papers and is unimpressed. Counsel may go to the moon and back But if the Judge is not on board, that’s the end of that. Another day starts much better All submissions are in the file and parties present. Gentle questions by the chief and ruthless traps in cross That a lay witness finds his mind is lost. But the Judge is the gatekeeper for justice to be fair And a timekeeper, when counsel are engrossed without a care. The Judge can ask questions to those in the box Whether either party welcomes this, it is not known “Most grateful” is what is said in a monotone. The burden of considering judgement is a heavy one. It may be the case that a yes or no can tip the balance But in reality every life has many facets The decision must weigh and rate them all. In delivering judgement, there is tension in the air Head in hands and tears a flow The Judge concludes and rises to go.



The Judge by Shazeeyah Akhtar

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The Council of the Inns of Court – A Year of Change JAMES WAKEFIELD The Council of the Inns of Court (COIC) may be a body that you have heard of but are not entirely sure what it does. That was certainly true for me before I applied for the post of COIC Director nearly 18 months ago. I discovered that there are three main threads to COIC’s work, it: oversees the work of the Advocacy Training Council (ATC), oversees the work of the Bar Tribunal and Adjudication Service (BTAS) and helps the Inns coordinate on policy and practical matters (mostly related to education and training). Elsewhere in The Middle Templar you will find articles by Master Wood and Mr Justice Green, Chair of the ATC, setting out more fully various aspects of the work of COIC and the ATC. In this article I am going to focus on changes that have taken and will take place at COIC. On 1 July 2014 COIC changed from being a committee of the Inns to being a charity whose objects are, in short, to advance education in the administration and practice of the law and to promote professional standards of conduct. Staff are now employed directly by the charity rather than the Inns and staff now have a permanent office base, rather than moving Inn every three years. These changes were made because there was a growing sense in the Inns that their joint work needed to be put on a firmer footing if they were to better promote excellence in advocacy and professional standards and thereby promote the rule of law. The changes are already making a difference. BTAS is now in a dedicated suite of rooms in Gray’s Inn with modern court facilities. The ATC works ever more closely with the Inns to promote their training activities. By way of example only, I mention the highly successful advocacy trainers’ conference that took place on 8 March, kindly hosted by Middle Temple. There is a sense that together, through this new COIC structure, the Inns can be more proactive than ever in supporting and influencing the development of the profession, and in particular education and training. For example, COIC has established the ‘Pupillage Matched Funding Scheme’ through which the Inns part-finance additional pupillages in predominantly publicly funded chambers. 15 additional pupillages have been created in 2014 and it likely that this figure will double in 2015. This is great news. There is much concern about the ever increasing cost and risk of undertaking the Bar Professional Training Course. COIC is working closely with the Inns to decide whether there is a better way of completing the vocational stage of

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training that reduces both cost and risk. COIC has established a working group to look at this question with care. The group will consider how we might encourage the regulator to change the structure of training. The group will consider whether the Inns, through COIC, may grow and expand the work of the ATC into a college or faculty that can further support the training of those at the vocational stage and practitioners throughout their careers. The working group is in the early stages of its work so I will not elaborate further; suffice to say that it is exciting to see the Inns reflect afresh on how they might build on the excellent work they already do and how they may together prosper their educational purposes. I want to finish by thanking the many staff, members and Benchers at Middle Temple who have offered advice, encouragement and practical support to the COIC team in this time of change.

James Wakefield is Director of COIC, a position he has held since July 2013. Prior to joining COIC he was the leader of the BPTC at Kaplan Law School and prior to that the leader of the BPTC at Nottingham Law School. He was called to the Bar in 1993.

The Council of the Inns of Court - A Year of Change


COIC Pupillage Matched Funding Scheme NATHALIE LIEVEN QC

Chair of Pupillage Matched Funding Grants Committee

“The changes are already making a big difference.” 

As readers will know this is a very hard time for chambers that rely on publicly funded work, particularly those doing crime. One of the worst consequences of the extreme financial pressure that many chambers find themselves under has been a fall in the number of pupillages available in criminal sets reliant on public funding. Although the reduction in pupillages is wholly understandable, it means even fewer BPTC graduates are able to get pupillage; and must place in jeopardy the future of the criminal Bar. It was in the light of this situation that COIC (the Council of the Inns of Court) has set up the Pupillage Matched Funding Scheme. Each of the four Inns has contributed funds and with this money the Inns will match the first six funding for pupillages provided by Chambers. It is a requirement of the Scheme that chambers undertake that the pupillages being funded are additional to those that they would have offered in any event. The individual Chambers recruit the pupil or pupils as they would normally do. If they recruit any additional pupils then the first six months of the pupillage will be funded by the Scheme, up to a maximum of £6,000, per additional pupil. The grant is then paid to the Chambers. The COIC Grants Committee plays no role in the recruitment of the pupils who are part funded through the Scheme. The first round of applications was considered in December 2013.15 pupillages are being funded in 2014 and a further 16, so far, in 2015. COIC was very keen to get the Scheme going quickly so that at least some additional pupillages could be in place for Autumn 2014. We are hoping as the Scheme gains wider publicity and understanding, more chambers will apply and more additional pupillages will be created. We do appreciate that this is to some degree a drop in the ocean of problems facing chambers reliant on public funding. However, the future of the Bar depends on recruiting good candidates at the bottom end and keeping a flow of pupils coming into chambers. It is also damaging to the reputation of the Bar if there is a wide gap between those who qualify and incur major financial burdens, and those who can actually get pupillage. The next round of applications for funding of pupillages in 2015 and 2016 will be sought by the Committee from 1 September to 1 December 2014. For more details and to complete and submit the online application please go to www.innsofcourt.org.uk. We very much hope that more chambers which meet the criteria will apply.

Nathalie Lieven QC is Chair of the Pupillage Matched Funding Grants Committee

COIC Pupillage Matched Funding Scheme

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The Advocacy Training Council THE HON MR JUSTICE GREEN The Advocacy Training Council (ATC) was established by the Council of the Inns of Court and operates under a Constitution introduced in 2012. It is responsible for providing leadership, guidance and coordination in relation to the pursuit of excellence in advocacy, its principal role being to oversee the development and delivery of advocacy training for the Bar in England and Wales. The ATC is not itself primarily involved in delivering training, this being the traditional role of the Inns and circuits. The ATC acts as a form of think tank, promulgator of materials and standard setter and as umbrella under which all interested professionals can gather to exchange ideas and work collectively upon issues of concern to the profession. This includes not only members from the legal profession but also academics, intermediaries, consultants, charities and those from the related medical and social professions

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Over the past few years the ATC has focused upon a range of projects and in particular focused upon advocacy in relation to vulnerable witnesses and those with communication needs. But it has also extended to more mainstream issues such as advocacy and expert evidence, language barriers and translation problems in court, and ethics. Many ATC projects have never before been subjected to fundamental research. Not only is the ATC engaged in novel and elementary research it has also embarked upon the first stages of a project combining all of the trainers from the four Inns and from the circuits and BPTC providers with a view to a wholesale review of all aspects of the training of advocates and producing a new and updated method for training. An inaugural conference was held in the Middle Temple on 8 March 2014 and involved discussions on the application of case analysis and on the Hampel Method. Over 100 trainers joined in small working groups to consider various questions relating to these topics. The views of each group have been collected and the ideas synthesized. This forms the basis of a series of sub-projects to be organised over the coming months. The nature of advocacy training is continually evolving. The skills required to cross examine a vulnerable person for example are very different to those needed to cross examine an entirely competent adult. The Advocate’s Gateway, or ‘TAG’, website launched in 2013 (www.theadvocatesgateway.org). It provides easy access to guidance for working with witnesses and defendants with communication needs, and provides trainers with resources to use when teaching advocates about handling vulnerable witnesses and defendants. There are numerous new toolkits being worked upon by specialist groups the work being supervised by a Management Committee which comprises judges, barristers, solicitors, lawyers from the Crown Prosecution Service and Ministry of Justice, academics and consultants and other specialists. The principal output is the production of ‘toolkits’. These identify common issues encountered when examining vulnerable witnesses and defendants together with proposed solutions. In addition to the existing eight toolkits already online, four further toolkits were published in July, namely: General principles when questioning witnesses and defendants with mental disorder ; identifying vulnerability in witnesses and defendants; planning to question someone who is deaf; and identifying, planning and preparing to question someone using remote link.


Social mobility events have been held in Leeds, London and Birmingham. The Social Mobility workshops involve students from a range of schools aged 17 to 18 years selected on their academic records, passion, interest in the law, and socioeconomic status. The workshops includes a talk given by a trainer on the essentials of examination and cross examination in court. This is followed by a mock trial in which the students play different roles based upon the trial of Daddy bear for assault occasioning bodily harm upon Goldilocks when he pulls her out of bed and throws her down stairs. Experience of working with students on this exercise over many years teaches rarely is Daddy bear been found guilty. Student participants receive the opportunity to work with real barristers; it is a remarkable learning experience.

works on the basis of requests for assistance and our work is essentially pro bono. We send experienced silks and juniors from across the Bar. We are conscious that we are ambassadors for the profession and we work in collaboration with the local profession. At present we have teams working in multiple jurisdictions from Eastern Europe, to Africa, across the Gulf and to Asia. Recent illustrations include: Dubai HHJ Jeremy Donne RD QC alongside various other advocacy trainers hosted a program titled “Common Law Advocacy in Practice – the adversarial advocate at work in Dubai”. The two day event focused primarily on direct and cross examinations, where numerous talks and presentations were provided. Pakistan (Lahore) Three advocacy trainers focused on a murder case study exercise, case analysis, witness handling and submission advocacy. Trainees were given face to face instruction and guidance, with video reviews. Sierra Leone This was a weeklong event focusing on Ethics and advocacy skills.

Students at the London 2013 Social Mobility Event.

The ATC regularly hosts master classes. An illustration was the master class in June led by Professor The Hon. George Hampel AM WC and Her Honour Judge Felicity Hampel SC. This consisted of a lecture on the Hampel Method and demonstrations on how the method can be adopted to different levels of experience. Over 100 people attended. A report on the event prepared by HHJ Anthony Leonard QC is available on the ATC website, along with a video produced of the evening.

Singapore 10 QC’s and judges delivered training relating to witness handling, examination-in-chief and cross examination, opening speeches and pleas in mitigation, ethics, examination and cross-examination of experts, followed by a day of mock trials. Ireland Ten advocacy trainers held a successful training session on “Enhancing Advocacy Skills” which combined; case analysis theory and practice, witness handling, Direct and Cross examinations followed by breakout sessions. Vienna Ian Morley QC and Paul Stanley QC held a two day introductory on “Common Law Advocacy in Practice”. The feedback from the course was extremely positive. Zimbabwe Plans are underway to provide training with the Law Society in Harare later this year in a continuation of a programme which has been running for several years and which involves practitioners and also judges in Zimbabwe.

Professor The Hon. George Hampel at his master class in June 2014.

The ATC is heavily involved in providing training overseas. It is an important part of our function to assist in the disseminating of our knowledge and skills and to assist other jurisdictions in developing their own advocacy skills and in strengthening fair trial procedures. The ATC generally



Mr Justice Green was appointed to the High Court in October 2013. He practised from Brick Court Chambers from 1989 until 2013, and acted as joint head of chambers in 2011. He was Chairman of the Bar in 2010 and has been Chairman of the Advocacy Training Council since 2011.

The Advocacy Training Council

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Hampel Across the Sea MASTER DAVID WURTZEL

The Irish Bar has retained much from us: common law, a split profession, barristers dining, and the wearing of gown, wing collar and bands. Now they are adopting one of our more recent innovations, advocacy training for practitioners. Fired by the enthusiasm of those who have taken part in the Keble Advanced Advocacy Course founded by Master Dutton, a party from the Advocacy Training Council was invited to Dublin in mid-June to help train trainers and a cadre of volunteers. The ATC contingent included Masters CarterManning, McGowan, Stephen Lloyd and myself. I flew into Dublin on Bloom’s Day, 16 June, when the locals put on period clothes and make a pilgrimage to the pubs

against the White Star Line in respect of a working class Dane who drowned with the Titanic, a ship built in Belfast. Delegates steadfastly put out of their minds their views on who and what was responsible for the tragedy based on what they had seen in the movie (in my case, the movies and the musical). The witnesses – the deceased’s fiancée, the Second Officer and a snobbish Swedish military attaché – proved to be fruitful grounds for the exercises in examination-in-chief and cross-examination. In addition we gave them video review which vividly illustrated how different the questioning style and the demeanour of the advocate became when they launched into cross-examination.

“Hopefully advocacy training will become the new bonding experience.” mentioned in James Joyce’s Ulysses, a novel which appears in every local bookshop window. The course had started the day before with presentations by the great and the good who had now departed. I found our commander-in-chief busily rewriting the rest of the schedule in order to maximise the time which delegates would spend on their feet getting feedback. The case study was gratefully borrowed from the Northern Irish Bar, and was based on an action for negligence

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It all happened in the magnificent neoclassical King’s Inn, built from 1795, and in nearby Henrietta Street, once Dublin’s grandest Georgian street but now sadly decayed. Irish barristers, I learned, are all sole traders, but they are considering new business models called ‘chambers’ and a Legal Services Bill based on ours is still with Parliament despite the political demise of the Minister of Justice who sponsored it.


The sessions worked cooperatively between the ATC trainer and the local trainers in training. Delegates were younger practitioners, cheerful, eager to learn and well able to put feedback into improved performances. This is no small feat. The strict Hampel method from which we are not permitted to deviate begins by telling the delegate what they did wrong and why it is wrong. After that the trainer demonstrates how to do it right and asks the delegate to redo it (‘replay’) only this time getting it right too. Not everyone is comfortable with being criticised in front of other people. It is not unknown in our pupil or new practitioner courses to come across someone who is happy to score points right back. “Since I am doing examination in chief, do I have to ask a leading question the way David just did?” is my favourite remark before a young man embarked on replay. We were entertained splendidly including a drinks reception at the now disused Green Street court, site of political trials since the 1790s (as confirmed by the graffiti in the cells below). The Irish Bar enjoys its meetings with foreign lawyers. There is their regular rugby match with our Northern Circuit and several people had just returned from the annual trip in which the Irish Bar sources a lawyers’ football team in a hitherto unvisited European city and sends over their own team with a number of supporters to forge links. Hopefully advocacy training will become the new bonding experience. A week earlier, the Middle Temple delegation could be found in Inner Temple, attending the master class delivered to Inns’ trainers by Professor George Hampel AM QC and his



wife, Felicity. This turned out to be, if not Hamlet without the Prince of Denmark, at least the Hampels Without Hampel. The ‘method’ was here pruned down to a discussion with the advocate followed by demonstration. Two pupils and two practitioners gamely volunteered to be the guinea pigs in the demonstration of a pupils’ course and an advanced cross-examination course. In the latter, the delegate begins with their closing remarks, in order to concentrate the mind on what one needs to establish in cross-examination. The witness may be played by the trainer. This allows the trainer to give the sort of answers an erring advocate deserves to foolish questions, so that if he is at all clever, he will learn as he goes along. This allows more time to concentrate on the important bits at the end. “How senior do you have to be before you can take the advanced course?” one QC asked. Mrs. Hampel smiled kindly and replied, “It isn’t a matter of how long you have been doing it, it is a matter of whether you can do it right”.

Master Wurtzel was Called to the Bar in 1974 and to the Bench in 2001. He practised at the Bar for 27 years, specialising in crime. He is now a door tenant of Red Lion Chambers and a Senior Lecturer at City Law School.

Hampel Across the Sea

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Kalisher Trust DR CAMILLA BARKER In May 2014, Middle Temple hosted the Kalisher theatrical evening, an annual event which raises much-needed funds for talented and young people from all backgrounds who wish to come to the Criminal Bar. The evening saw stars of the stage and screen such as Martin Shaw (Twelve Angry Men, Inspector George Gently) and Jessica Raine (Call the Midwife) perform Agatha Christie’s play Witness for the Prosecution.

The evening was opened by Alec Young, a law student at Oxford and Kalisher scholar. He explained how the Kalisher Trust has provided him with both financial support and mentoring, which helped make his place at Oxford a reality. Witness for the Prosecution is a thriller with a healthy dose of comedy, and the traditional Agatha Christie twist at the end. Presented as a radio play, complete with 1940s microphones and accents, the evening was an entertaining mixture of tension and laughter for an audience packed into the Middle Temple Hall. Every actor, the Director Joe Harmston, and the production team, gave up their Sunday to rehearse and then perform completely free of charge. The play told the story of a man accused of murder, ably defended by Sir Wilfrid Robarts, the leading trial barrister of the day. With the defendant’s wife giving evidence against him, the twist comes as a mysterious visitor provides letters to Sir Wilfrid which implicate her, demonstrating that the wife had an overwhelming motive to have lied about her husband, so that she could start a new life with her lover. The defendant is duly acquitted, only for his wife to confess

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Kalisher Trust

that she set the letters up, convinced it was the only way she could ensure his release. However, safe in the knowledge that double jeopardy has released him from any duty to her, the defendant announces that he has found a younger woman and will be leaving her. Filled with rage, his wife stabs him to death in front of a shocked Sir Wilfrid. With Jessica Raine ably filling the role of the scheming and ultimately scorned wife, and Martin Shaw as the eminent Sir Wilfrid, the stage was set for an evening of murder and double-crossing. With humour, tension and a legal theme appreciated by the Middle Temple audience, the evening was enjoyed by all. Most importantly, it was a reminder of the reason that those in the legal profession dedicate their lives to serving the public good. As Martin Shaw, a Kalisher trustee and also a Bencher of Gray’s Inn, said of his work for the Trust:

“The best and brightest must be recruited, from every background, and from the widest possible talent pool, irrespective of social status. I believe this with my head and my heart. That’s why I’m a trustee.” The Kalisher Trust raised a significant sum at the theatrical evening, thanks to the generosity of those who donated, whether they attended the evening or not. The money raised goes directly to our work with those who have the talent but not the means to get to the Criminal Bar. Our work targets aspiring and fledgling barristers from GCSE all the way through to early tenancy, and includes our flagship internship scheme, giving the brightest and best the chance to prove themselves within leading legal organisations; our school outreach, guiding those who want to get to university to read law; and our bespoke advocacy training courses. The Trust runs on the generosity of our donors and of those who volunteer for us. We remain hugely grateful to everyone who continues to contribute to our work. For more information on our work, please contact the Kalisher Secretary, Harry Bentley, on kalishersecretary@yahoo.co.uk or see our website, at www.thekalishertrust.org Dr Camilla Barker has been a trustee of the Kalisher Trust since 2011, and works for King›s College London.


London Legal Walk 2014 MASTER ANTHONY CLARKE The London Legal Walk has become a phenomenon over the last ten years. I have taken part (admittedly more and more slowly as the years have passed) in all or almost all of those walks and have been asked to write a short piece about this year’s Walk. I do not pretend to be (or have been) much of an advocate but part of my purpose in writing this is to persuade as many members of the Inn as possible to take part in 2015. Both the number of walkers and the amount raised for legal charities have increased exponentially since the first Walk in 2005, from 330 in 2005 to 4,500 in 2011 and 8,000 in 2014. A total of about 40,000 walkers have taken part over the nine year period. The number of walkers and the amount raised dramatically increased from about 2008, as more and more City firms agreed to match the funding raised by individual walkers. This year 515 teams took part from all corners of the legal spectrum, even the judiciary. Master Treasurer and Lady Judge led a team of twenty walkers from the Inn. Other members of the Inn, including me, walked under a different banner. In my case it was under the banner of the Supreme Court which put out a reasonable number, much strengthened by youth in the form of our judicial assistants. Bob Nightingale, who has been responsible for the Walk throughout, without whom there would not have been or be a Walk, and who is I am sure a reliable witness, says they are on track to raise £530,000 this year.



The Walk now plays a very significant part in providing funding for legal advice and assistance in areas where the Government is reducing its contributions alarmingly. In order to apply for a grant for funding, an organisation must answer these two questions (and others) in the affirmative: “Do you provide or facilitate the provision of free, specialist legal advice?” and “Is this advice provided to people or organisations who cannot afford to pay for it?” It can readily be seen that more and more walkers raising more and more money will be needed in the future. I therefore hope that in 2015 many more members of the Inn will take part, whether under their chambers’ flag or under the flag of the Inn. It is a brilliant event and it is great fun, even for geriatrics like me.

Master Clarke was Called to the Bar in 1965 and spend 27 years at the Bar, specialising in maritime and commercial law. In 2005 he was appointed Master of the Rolls and Head of Civil Justice. He was appointed as a Justice of the Supreme Court on 1 October 2009.  He was Treasurer of the Inn in 2012.

London Legal Walk 2014

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Science Fiction for Lawyers MASTER JUDITH PARKER Science fiction/speculative fiction/space fiction (SF) is not just escapism, or about spaceships, aliens, and interplanetary travel. Much of it, particularly on film and TV, is pure entertainment, but from its pulp roots it has increasingly faced big issues many of which engage legal principles, and not just about the consequences of scientific advance. Sociology is a science too, and much science fiction looks at how future societies, on and off-world, might function. I believe that the idea of law, or rules, is inherent to the human psyche, perhaps hard-wired into our brains as the capacity for language is now thought to be. To suggest that human society can function, co-operate or even interact without rules as to behaviour, or without a method of conflict resolution, seems to me, to quote ethno-biologist E.O. Wilson, to be a case of “great theory, wrong species”. I said in my Autumn Reading that the rule of law is an underlying theme in much SF, even when it is not specifically mentioned. It underlies all dystopian fiction and utopian fiction too. The absence of law and laws is part of the postapocalyptic nightmare. In other dystopian fiction laws, when they exist, support tyranny and breach what we would consider fundamental rights and protections: the ‘thin’ rule of law, as Lord Bingham, although not the first to do so, described it [The Rule of Law], as opposed to the ‘thick’ rule of rights based law. Dystopian fiction stresses how fragile the ‘thick’ rule of law can be, and that vigilance is needed to preserve it. Much of what SF predicted has not come to pass, and much has come to pass which was not predicted. But some writers from the 1950s onwards could be regarded as prescient with regard to potential legal developments. For instance:

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• In 1952 Frederick Pohl Jr and CM Kornbluth wrote of a world controlled by commercial law firms [Gladiator-at-Law]. Employees live in luxury ghettos. The rest live on run-down estates dominated by teenage gangs and drugs. They are entertained by televised violent gladiatorial contests. The hero works for a small criminal firm. His friend is heir to a big commercial practice. The criminal lawyer practices as an advocate, but juries have been replaced: court transcripts are fed into a machine which spits out the verdicts. • In 1953 Arthur C Clarke suggested [Childhood’s End] that reliable (voluntary) fertility control and 100% accurate paternity testing would lead marriage to become eroded or redundant within two generations. A common SF theme is that divorce will become obtainable by filling in a form at a government office, and that in general marriages would usually be for fixed terms and extendable only by agreement; and that the role of the state/ courts in creating and terminating marital status will become attenuated or extinguished: also that the definition of marriage will itself change. • In the 1960-70s Larry Niven reasoned that demand for human body parts for transplant surgery would lead prisons to be abolished since the death penalty would be imposed for all crimes including minor traffic violations, alongside the illegal trade of ‘organlegging’ [The Long Arm of Gil Hamilton, A Gift from Earth, Tales of Known Space].


“The rule of law is an underlying theme in much SF, even when it is not specifically mentioned.” • Pohl’s aliens the Heechee [The Gateway trilogy] criminalise and penalise subversive or perverse thoughts broadcast to the authorities through the “Dream Couch” (a “telempathic psychokinetic transceiver”) • Philip K Dick’s Voight- Kampff test [Do Androids Dream of Electric Sheep (filmed as Blade Runner)] is designed to identify whether the subject is truly human, rather than an android or replicant, by measuring the degree of empathic response: eerily reminiscent of present diagnostic tools used in forensic psychiatric examination. • Robert A. Heinlein and others predicted ‘host’ surrogate motherhood long before IVF technology. (It is now sanctioned here subject to regulation and court approval is not deemed necessary in a number of other jurisdictions.) • Many writers including Niven envisaged a world where the ‘World Government’ makes and enforces laws to control population growth, although none addressed the reality of how compliance was to be achieved. • SF predicts that self –aware artificial intelligences (AIs) may demand rights to personhood, autonomy, personal fulfilment and freedom of expression, using the threat of withdrawal of labour or even destruction of property [Hal in 2001(Clarke); Mike in The Moon is a Harsh Mistress (Heinlein)]. Recent debates in the press suggest that although many experts assert that the appearance of consciousness in AIs is illusory, others, including in due course AIs themselves, may disagree.

Whether the 1950 European Human Rights Convention is interpreted correctly or its interpretation always balances rights justly is not the subject of this discussion. Strasbourg decisions have created as well as reflected societal change, alongside scientific advance. The definitions of family life, gender, marriage, and parenthood have changed out of all recognition. In this jurisdiction and others the Convention and Strasbourg have had a profound impact on decisions about creation of life, incapacity and vulnerability, personal autonomy, status, medical treatment, and end of life; and continue to do. Niven predicted that civil rights would by now have been granted to cetaceans, who will be represented in the UN by 2100. That may presently seem fanciful, but human cloning; chimaeras of mixed genetic heritage (human and animal); engineered specialised humans, transplantations of brain and spinal chord; cybernetics; resuscitation from cryogenic storage; may soon be achievable. In this jurisdiction many of these techniques, probably increasingly easy to perform, would presently not be legal. But if procedures can be performed they will be, if not here then elsewhere, where they may be lawful. The personal rights, identity and status of individuals would undoubtedly be engaged: creating recognition and Human Rights issues, as the experience of international surrogacy arrangements shows. The Family Division is well-placed to resolve such questions, and I would like to think that although legal practice and the law have changed in ways mostly unforeseen in 1950, there will still be work for lawyers in the future. All the authors and books mentioned above are still very well worth reading, by the way.

Master Parker was Called to the Bar in 1973 and to the Bench in 2000. She was appointed judge of the High Court of Justice (Family Division) in 2008. She was Autumn Reader in 2013 and is currently joint Master of the Garden.



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Dubious Legacies of Linnaeus and James I in Middle Temple Garden KATE JENRICK, HEAD GARDENER Last year the garden produced some tasty crops. The specially planted edible garden in the old fountain of Elm Court provided runner beans, various green salad leaves and edible flowers. The reliable crop of mulberries provided just enough of a harvest to make one pot of jam. There is always a tussle between people and the pigeons to pick the mulberrries. Both types of forager can be readily identifiedstained fingers and stains on white shirts (not a good look in the High Court, I am sure) or, in the case of the pigeons, mucky feathers and beaks. Fortunately access to a ladder gives me an advantage over these competing parties. I have enjoyed the offerings of one resident who is very aware of the various fruit trees we have in the garden. One such offering was a very tasty crab apple jelly which I understand was a careful blend of a variety near the Wisteria and another in the main garden - one of them providing wonderful colour, the other the flavour. Last summer saw the first significant crop of fruits on a young Cornus kousa. The tree was festooned with strawberrylike fruits hanging off the branches. I did not have the heart to harvest them en masse - so many people were fascinated by the display. I did sample one or two and suspect that the “custard and banana” taste that they are reputed to have is enhanced with cooking. Raw, the skin was a little tough and the tiny seed pips dominated. The Cornus is one of my favourite trees. The showy floral display in spring is not technically of flowers but bracts. I can recall spending the hot and dry summer of 2005 painstakingly moving a hose around a magnificent species of Cornus florida at Kew. The water pressure was so low, this tree demanded a near constant flow of water and regular re positioning of the hose as the root area under the canopy is huge (this variety is wider than it is tall). Happily it survived. Spurred into introducing more edibles (for humans and bees alike) I have recently planted two apple trees – Malus Everest, and a Mespilus germanica, otherwise known as the Medlar Apple. Carl Linnaeus’ legacy of the binomial system for naming plants which is used worldwide, is widely known. He was responsible for naming the Medlar but the suggestion it originated from Germany (germanica), is misleading. It is in fact native to South Eastern Europe (along the coast of the Black Sea) and West Asia. A mistake that will endure through the years, not unlike the story of James I’s ill-conceived edict to the Deputy-Lieutenants of the Counties to require landowners to purchase and plant 10 000 black mulberry trees at the rate of 6 shillings per thousand, in the expectation these would

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establish a silk industry. In fact silk worms are more partial to the white mulberry and the silk industry did not take off. The Mespilus germanica has a very long history of cultivation in this country - seeds have been found in Roman deposits in Silchester. However this fruit was already losing its popularity by the 17th and 18th Centuries as new introductions of plants of every kind arrived in greater number. As a fruit that is edible only when it has turned and looks thoroughly rotten, the medlar has captured the imagination of writers over the centuries. Chaucer’s character in the Prologue to the Reeve’s tale compares himself to a medlar as he laments his old age. William Shakespeare uses it in several of works to suggest virtues and thoughts of questionable sexual nature. Perhaps his most well-known reference is of Romeo sitting under a medlar tree wishing his mistress Rosaline might be that kind of fruit - “an open arse” (Act 11 1 34- 38). An altogether more wholesome and innocent reference is provided by JM Barrie when Peter Pan falls asleep under a medlar tree in Kensington Gardens. The appeal of a tree which produces a fruit that looks thoroughly unappealing and smells rotten? This tree has a wonderful shape and form which can be particularly appreciated in winter when bare of leaves. It has classic rosaceae shaped white flowers in spring much visited by bees, and with such a long history attached to it, the Middle Temple garden seems a very fitting setting. It might have a rancid smelling fruit but it is Nigel Slater’s favourite fruit jelly, which he recommends serving with pheasant. I am sure it is a culinary treat and hope that it will find its way into the kitchens at Middle Temple! As for the location of these trees I leave for you, the reader, to discover for yourselves and hope there may be some rewards waiting there for you.

Dubious Legacies of Linnaeus and James I in Middle Temple Garden

After gaining a Diploma in Horticulture with Honours from the Royal Botanic Gardens Kew, Kate worked in 18th Century Landscape Garden at Painshill Park, Cobham and community social enterprise in East London. She came to Middle Temple in December 2008 where the mix of history and a busy, demanding use of the garden provides all the challenges a Head Gardener requires.


The Revenue Bar Association JONATHAN PEACOCK QC

People often ask, in a conscious echo of Monty Python: “What has the RBA ever done for us?” The answer goes something like this: the Revenue Bar Association plays a number of useful roles. It organises training and professional development for its members and regularly hosts seminars and talks. It has also organised pupil-moots for current RBA pupils in front of a large, and no doubt, daunting audience. It provides comment on consultation exercises on legislative and regulatory reform, where appropriate. It organises, with the Tax Tribunals, the Bar Pro-Bono Unit, charities and other NGOs, free or low cost representation in tax appeals before the courts and tribunals. It looks after its members’ interests in the rating of professional indemnity risks through the Bar Mutual and with top-up insurers and in considering the ability of members of the Bar effectively to limit their liability. It contributes to the Bar’s wider programmes to develop more international business. It provides, through the Bar Remuneration Committee Taxation Panel, guidance

provide greater commercial flexibility, and whether it will in fact be possible to limit liability, are significant questions. Equally, some new structures hold out the prospects of tax savings when compared to the current position on professional earnings. The RBA is leading and facilitating discussion by members of the RBA of the attractiveness, or otherwise, of such structures and has provided help and guidance to the wider Bar on the subject. Similarly, there is a much greater focus now on the tax affairs of members of the Bar. Against the backdrop of a number of high profile cases (for example, of people ‘forgetting’ to account for VAT), HM Revenue and Customs is looking much more closely at how chambers deal with expenditure (in particular ‘revenue’ treatment of what may be ‘capital’ expenditure) and what deductions barrister take for chambers’ expenses and travel and subsistence. With new and controversial proposals for the direct recovery of tax debts from taxpayers’ bank accounts now introduced in

“People often ask, in a conscious echo of Monty Python: What has the RBA ever done for us?” to the rest of the Bar on tax matters. It provides, through the Tribunals Users Committee, feedback and input on procedural and practical matters facing ‘clients’ of the Tax Tribunals. It holds drinks receptions and a dinner at which members can re-fight old cases, bicker over new ones and harangue members of the judiciary about perceived slights. All this may seem a little dull and worthy but such a list contains current issues of real importance. For example, it is likely to be the case in the near future that barristers will be able to move away from 19th Century business models to conducting business in partnerships or via limited companies. Such new ‘Alternative Business Structures’ will allow barrister only entities and, perhaps as the regulatory framework develops, multi-disciplinary entities and entities with nonlegal proprietors. Whether such new structures will actually



the Finance Act 2014, the Bar, like all professions, faces the prospect of greater scrutiny of tax compliance and a more aggressive regime for the recovery of unpaid tax. The RBA has concerns about such developments, especially when there have already been instances of bankruptcies for nonpayment of tax (to HM Government) on legal aid fees (due from HM Government). The RBA will continue to help with advice, through the Taxation Panel, on these issues.

Jonathan Peacock QC is Chairman of the RBA. He was Called to the Bar in 1987 took silk in 2001. He has practised solely in all aspects of revenue law since 1988. He is coauthor of the third edition of The Employment Practitioner’s Guide to Taxation, published in February 2014.

The Revenue Bar Association

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The Men of Court 1440 to 1550, by Sir John Baker QC BOOK REVIEW BY MASTER JOHN MITCHELL By permission of the Master and Fellows of St John's College, Cambridge.

Although the 250 year period from the eviction of the Knights Templar until the building of Middle Temple Hall can hardly be described as a dark age from which the legal profession emerged fully formed into the brightness of the reign of Elizabeth, it left few physical remains other than the Temple Church, some stones now embedded in the west end of Sir Edward Montagu (c. 1485 - 1557) Inner Temple Hall and Lincoln’s Old Hall built about 1490. The Middle and the Inner Temple and Gray’s, if not Lincoln’s, Inn, existed by 1388 but the domestic records of all Inns including records of admission and membership are, with the exception of Lincoln’s fifteenth century Black Books, scanty and incomplete until the 1550s. More information can be obtained from the plea rolls of the Court of Common Pleas many members seemed slow to pay their commons - as well as court, property and taxation records. After very many years of research Professor Sir John Baker QC has used this material to produce a biographical register of some ten thousand members of the Inns of Court and the nine Inns of Chancery and what he calls ‘men of court’, counsel, attorneys and office holders in the central courts. The result is this magnificent and handsomely produced two volume prosopography. As one would expect, it contains an authoritative essay by Sir John on the development of the Inns and lawyers in this period as well as the records which are available. The first member of the Middle Temple to appear alphabetically is Nicholas Adams, admitted around 1540 and dying by 1584. In 1557 when he was a prisoner in the Kings Bench prison in Southwark a fellow prisoner bequeathed him all his law books. The last to appear is Thomas Yong. His father who had been admitted before 1430 was a serjeant at law, the MP for Bristol where his family were merchants and later a Judge of Common Pleas. According to Sir John Fastolf, the model for Sir John Falstaff, he was “a substantial learned man”. In 1449, just before the start of the War of the Roses, he had for a time been imprisoned in the Tower of London for moving the Commons to nominate an heir to Henry VI. Sir John has also compiled an Index of books known to be owned by those whose names appear in the register. As well as legal and religious texts these include Aesop’s Fables, Boccaccio’s Il Decamerone “covered with blacke saten and

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The Men of Court 1440 to 1550

claspys silver and gilte”, an English translation of le Roman de la Rose and 10 copies of the Canterbury Tales including one owned by Henry Payne of Lincoln’s Inn which was “written in vellum and illumined with golde”. Based on a note written in 1598 it has been speculated that Chaucer himself may have been a student at the Temple. “Not many yeeres since, master Buckley did see a record…where Geoffrey Chaucer was fined two shillings for beating a fryer [presumably ‘friar’] in Fleetstreete”. Domestic details also appear occasionally. Edward Saxby who died in 1562 left a bequest to his clerk and “all the bookes and writinges in a black buckeram bagg hanging upon the wall behind my studdie”. The book is illustrated by over 40 images of individuals who are represented not only in paintings, but also in brass effigies, stained glass and memorials. The Inn’s portrait of Sir Edward Montagu, who was counsel to Katherine of Aragon before becoming Chief Justice of the Common Pleas, is reproduced. Another member of the Inn who became Chief Justice was Sir Robert Broke who, for his “vertue and learning”, had previously been the Common Serjeant and who died in 1558 “visiting freindes”. A photograph of his alabaster monument in the Shropshire church of Claverley shows him in judicial robes and coif and wearing a collar of SS. This publication will be invaluable for researchers. It is, for example, already being used by the Inn’s archivists to discover more about the members whose coats of arms appear in stained glass in Hall. Casual readers too will find much to engage their attention. Although space prohibits full biographies, Sir John has included references to the Dictionary of National Biography as well as other articles for those who want to read further. He does however comment that Sir Thomas More (Lincoln’s Inn 1496, Lord Chancellor 1529, executed 1535, canonised 1935) is “the subject of biographies and hagiographies too numerous to list here”. Professor Sir John Baker QC will be talking to the MT Historical Society about The Men of Court 1440 to 1550 on 4 February 2015. All are welcome.

Master Mitchell is the Chairman of the Middle Temple Historical Society. Called to the Bar in 1972 and to the Bench in 2012, he was appointed District Judge in 1999 and Circuit Judge in 2006. He currently sits at the Central London Civil Justice Centre.


2014-2015 MT Historical Society Supper Talks MTHS talks are preceded by drinks and a buffet supper (£30 per person, £15 for students). Supper bookings should be made by email to mths@middletemple.org.uk no later than seven days before the event. Tuesday 14 October 2014

6.15pm Annual General Meeting

Master Rodney Stuart-Smith

Wind Farms, Oyster Beds and the Magna Carta

Master Stuart-Smith was Autumn Reader in 2011. He explains how a very modern Chancery dispute about wind turbines involved medieval fishing rights.

Tuesday 16 December 2014 Professor Rebecca Probert

A Right Royal Farce: The History of the Royal Marriages Act Professor Probert is Professor of Law at the University of Warwick and the leading authority on the history of English marriage law. She will describe how the attempts of the Royal Marriage Act 1772 to regulate princely marriages led to heartbreak and confusion.

Tuesday 27 January 2015

A visit to Skinner’s Hall, the Grade 1 listed home of the Worshipful Company of Skinners, one of the City’s great Livery Companies.

We meet at Skinners Hall, 8 1/2 Dowgate Hill EC4 at 6.30pm. The cost of £10 includes light refreshments. Please contact Dr Katie Plummer by 18 January 2015 to confirm a place.

Wednesday 4 February 2015 Professor Sir John Baker QC

Early English Men of Law Professor Sir John Baker QC was the Downing Professor of the Laws of England at the University of Cambridge from 1998 until 2011. He will be speaking about his recently published The Men of Court 1440-1550: A Prosopography of the Inns of Court and Chancery and the Courts of Law, which contains over 10,000 biographical entries for individuals known to be connected with the law in the fifteenth and sixteenth centuries.

Tuesday 17 March 2015 Wendy Moore

Thomas Day: An Eighteenth Century Middle Templar who tried to train the Perfect Wife Wendy Moore is a medical historian whose work includes The Knife Man, an account of the life of the Scottish surgeon John Hunter. Having despaired of marrying a woman with brains or fortune, Thomas Day adopted two orphan girls and set about educating them to become suitable marriage material. Unsurprisingly his plans did not run smoothly.

Tuesday 23 June 2015



A candlelight visit to Dennis Sever’s restored Huguenot House in Spitalfields in whose ten rooms the eighteenth century has been brought to life. We meet at 18 Folgate Street, Spitalfields E1 at 6.45pm for 7 pm. The cost is £17. Please contact Dr Katie Plummer on ktplummer@doctors.org.uk by 9 June 2015 to confirm a place.

2014 - 2015 MT Historical Society Supper Talks

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Careers at the Employed Bar MASTER ANDREW CLARKE In the early 1980s, the prospects of finding a tenancy after 12 months of pupillage in Commercial and Chancery sets seemed slim. Money was scarce and, in view of my growing overdraft, my bank manager was asking when I would start receiving a salary as a barrister - a reflection of how little he understood the prospects a young barrister had in those days. Although my situation felt grim at the time, it must look like a ‘walk in the park’ compared to the challenge faced by aspiring barristers today. To make ends meet, I was fortunate to find some ‘temporary’ work outside the confines of the practising Bar. Within a few years, this gave rise to opportunities to work as an employed barrister in the oil and gas sector, initially at BP and shortly afterwards at Mobil (now ExxonMobil). After nearly 30 years providing legal advice in this sector, it is clear that my temporary alternative was an extremely fortunate choice. The work has been intellectually challenging, the companies are among the largest contributors to international investment and commerce, their operations and products drive the engines of the world’s economies and my ‘clients’ within the company are smart, dedicated, hard-working people who welcome legal advice and our active involvement in their work. It is clear that opportunities for trainee barristers are today perhaps even more challenging as evidenced by the intense competition for pupillages and tenancies at a time when certain areas of practice are contracting as a result of the cut-backs to Legal Aid. Even if that were not the case, I would still suggest trainee barristers consider opportunities outside the self-employed Bar, as my experience has shown there is still excellent work to be done in the Energy sector. Exxon Mobil Corporation and its subsidiaries are ‘fully integrated entities’ involved in all aspects of the oil and gas industry from exploration, development and production of oil and gas, to refining, supply, trading and sale of oil and gas products, as well as transportation, distribution and marketing of the same. They also manufacture and market petrochemicals. Since its foundation in 1870, the group has grown to become the largest of the International Oil Companies, with operations in the USA, Canada, South America, Europe, Africa, Australia and Oceania. The group employs approximately 450 lawyers world-wide and also draws on external resources, law firms and barristers, as and when required. I don’t believe that an article along the lines of ‘a day in the life of an in-house lawyer’ would fairly reflect the range, diversity and quality of legal work that is handled by the strong legal team we have at ExxonMobil. It is more helpful to look at this from a career perspective, as the great majority of lawyers who join the company seem to enjoy their

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work, their colleagues and the challenge and stay on for full careers once they have settled in. Legal issues of all sorts and sizes, from general to highly specific, cross our desks and these vary in nature as one’s career progresses and the positions one holds change. From the beginning of a lawyer’s career at ExxonMobil, they are given their own area of responsibility, perhaps one which is limited to a specific area of business activity or legal expertise, but one on which we would expect that lawyer to be the primary advisor and to handle any questions that come up in that area. This immediate and direct responsibility distinguishes in-house practice from the experience of new associates at Law firms and is welcomed by the new lawyers. Mentoring and support is always available of course; however, we look to broaden the scope of a lawyer’s responsibilities and abilities as quickly as possible. Subsequent career progression has to be tailored to the abilities of the individual, the opportunities that come available as the business develops and re-invents itself (a constant process) and the changing capabilities of the legal department. In any large enterprise, the range and scope of such opportunities will reflect the scale of its operations and the challenges it faces – and ExxonMobil provides more than most, as you might imagine. A significant challenge any new recruit faces, involves understanding the scope and nature of the business, together with learning and adapting to its practices and procedures. This takes time but is essential to ensure a consistency of approach in dealings with the world outside the company. We are fortunate to have an organisational DNA that is the same, no matter which part of the business you are advising,

that time and effort are not spent developing solutions that don’t stand up under legal scrutiny; to build relationships with clients so they know who they are dealing with and feel comfortable approaching them; and to use the resources available within the extended legal department rather than working everything from basic principles and their personal experience. Given the breadth of experience the lawyers have had during their careers, there will generally be someone somewhere who has advised on a similar issue. Support and training are essential to maintaining and developing the in-house team and we arrange a program each year for this purpose; however, we also expect our lawyers to be on the look-out for specific courses that will develop their skills and knowledge for their current and future work. At the end of the day, everyone is responsible for their own professional development, while preparation for career opportunities should be managed jointly by lawyers and their supervisors. After many years living in other countries during my career with ExxonMobil (5 countries and 16 years overseas at the last count), it was gratifying to come back to London in 2004 and to be approached to become engaged with Middle Temple again. The Inn’s interest in re-establishing contact and securing my involvement as an in-house lawyer was absolutely clear and I soon found myself involved with the Inn’s scholarships committee and more recently with its Advocacy Training scheme. My election as a Bencher in 2009 is the clearest indication of the inclusive and supportive nature of the Inn today, and aspiring barristers who consider opportunities in-house should be confident that their ties with the Inn can and should be maintained.

“My election as a bencher in 2009 is the clearest indication of the inclusive and supportive nature of the Inn today” ingrained into the executive and business leadership as well as the other groups that support the business. This takes time and effort for new recruits to understand and acquire – but that learning process in itself can be an important way of developing trust with our business colleagues as well as acquiring the experience necessary to be an effective lawyer. During the course of a full career, lawyers should become familiar with all aspects of the business and the legal issues they give rise to. Helping to negotiate exploration licences in frontier countries is very different from putting together financing arrangements for substantial transactions, as is providing advice on employment policies or disputes, or managing international arbitrations or local litigation. Careers may entail supervisory responsibilities or providing legal advice as a sole contributor. It might be conducted purely in one’s ‘home’ country or could involve living and working in other countries on secondment from one’s home base. Given the scale of the activities the companies engage in, there are many variations that may evolve – given the ability, flexibility of the individual and the opportunities that emerge. We encourage our lawyers to help find solutions to legal problems, rather than telling clients what they can’t do; to seek early involvement in issues as they develop so



The essential point is that aspiring barristers should consider the range of opportunities that exist for interesting and challenging careers in the legal departments of Government or the larger multinationals. These are very different from the life many may have in mind when they picture themselves at the Bar but are by no means less challenging or demanding – and require careful thought and planning, if they are to be secured.

Master Clarke was Called to the Bar in 1982 and to the Bench in 2009. He is a member of the Governing Board of the International Council for Commercial Arbitration, past Chair of the Corporate Counsels’ International Arbitration Group (CCIAG) and sits on the Advisory Council to the Centre for Commercial Law Studies at Queen Mary University of London.

Careers at the Employed Bar

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Music Nights in Hall MASTER STANLEY BURNTON

Over the past year there has been some outstanding music in Hall. In April last year, London Winds, led by Michael Collins, performed what is probably the greatest work for a woodwind ensemble, Mozart’s Gran Partita for Thirteen Wind Instruments. It was a wonderful performance, with the beautiful sounds of the instruments enhanced by the acoustic of our Hall. The evening was described by Master Arlidge as a triumph, and indeed it was. Music Night in May 2013 will be remembered for the powerful performance by the Jerusalem Quartet of Smetana’s first string quartet, entitled From my Life. It is an autobiographical work, describing his life in musical terms, culminating in the onset of his deafness, represented by a long, high, harmonic E on the first violin in the final movement above ominous string tremolos, representing the tinnitus from which the composer suffered.

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King Masco, in October, was as joyful and popular as ever. He is a regular for the October Music Nights, and will return next year. I try to use our Music Nights, at least in part, to support new young musicians, who are in very much the same situation as many of our students, trying to make ends meet on low income while trying to establish a career for themselves. One of the bodies that we favour is YCAT – the Young Classical Artists Trust – which auditions and selects a small number of artists emerging from the Conservatories and acts as their manager. In November two of their singers, Anna Huntley and Robert Murray, sang a fine selection of songs and arias, accompanied by James Baillieu, also a YCAT artist, who has already established a reputation as one of the finest accompanists of his generation. He was described by


one reviewer as a “magician of the keyboard”. Anna Huntley showed that she not only has a fine voice but can also make us laugh when singing a comic number. Robert Murray has graduated from YCAT and has been taken on by one of the largest agents. He was described by one reviewer as “splendid ... an effortlessly powerful tenor”. They gave us a very diverse programme, ranging from Purcell to Britten, with classical (Handel and Mozart) and Romantic (Bellini. Offenbach, Puccini and Tchaikovsky) . I particularly love Benjamin Britten’s English folksong arrangements, and greatly enjoyed Anna and Robert’s renditions. They will return to us next year. In the past, Music Nights have featured soloists or small groups of musicians. 2014 has seen the arrival of orchestras. In February we had the Callum Au Big Band, 30 musicians, including two vocalists. The Big Band produced a big sound, and gave us songs perfectly suitable for dancing. Perhaps too many students were slow to show their dancing prowess, but the way was shown by Benchers, who were first to the dance floor. All in all, a very enjoyable evening. The South Bank Sinfonia is another organisation that I am trying to support. It is a charity that, like YCAT, assists young musicians graduating from the Conservatories by enabling them to work for a year in the orchestra. Each year, they audition several hundred aspiring orchestral players and select the best for the Sinfonia. On 21 April members of their string orchestra performed the Serenades for String by Elgar and Tchaikovsky, and a work I had never heard before, Gerald Finzi’s Romance. Their performance of the

Callum Au Big Band will return for the opening Music Night of 2015. Come with your dancing shoes! YCAT artist Ji Liu will play on 2 March 2015. He is a young and astonishingly good pianist. Prepare to be surprised. Last year I was at the International Song Contest at the Wigmore Hall. The singer who impressed me most (far more than the winner of the competition) was an Australian, Helen Sherman, and I immediately retained her for our Music Night on 22 April. I look forward with great expectations to hearing her again, this time accompanied by Sam Armstrong, The audience was so impressed with the Southbank Sinfonia’s Music Night that I rushed to secure their return. They will play on 29 June: the programme is yet to be

“In the past, Music Nights have featured soloists or small groups of musicians. 2014 has seen the arrival of orchestras.” Tchaikovsky, in particular, was simply stunning. On 8 July 2014, the Elias Quartet returned, playing Webern’s Langsammersatz, a, to my mind, surprisingly romantic work, followed by the Brahms piano quintet, with Simon Crawford-Phillips on the piano. The Brahms quintet is one of the greatest, if not the greatest, piano quintet in the repertoire, and I very much enjoyed hearing it in Hall. I have every expectation that future Music Nights will be as enjoyable. We shall continue our recent practice of sitting down to dine at 7pm, instead of the usual 7:30pm, so as to allow plenty of time for dinner and the music without continuing too late for many. I shall continue to support young artists playing enjoyable and accessible music. As I have mentioned already, on 26 September 2014 King Masco will return for the first Music Night of the new legal and academic year. On 6 November the Sitkovetsky Piano Trio will give their first performance in Hall. They are a young trio, but have already impressed. They received rave reviews for their concerts in their recent tour of Australia: go to http://www.sitkovetskytrio.com/reviews.html. They are performing two very great piano trios, Beethoven’s Archduke Trio and Brahms’ Third Piano Trio.



decided, and may involve the full orchestra. King Masco will be back in October, and Anna Huntley, Robert Murray and James Baillieu return on 4 November. It has been a pleasure for me to be Master of Music, and last year was particularly enjoyable. The Music Nights that are planned to the end of 2015 will, I expect, fill their (and my) promise of high standards of performance by very fine musicians. Do come and enjoy.

Master Burnton has been Master of the Music since 2012. He was Treasurer in 2010. Called to the Bar in 1965, he practised as a commercial lawyer, and took Silk in 1984. He was appointed to the High Court Bench in 2000 and to the Court of Appeal in 2008, where he sat until his retirement in 2012. He has returned to his old Chambers at One Essex Court and practises as an arbitrator.

Music Nights in Hall

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A Libel Revolution? ADAM SPEKER AND FELICITY MCMAHON, 5RB

On New Year's Day the Defamation Act 2013 came into force. Prompted by concerns from the United States about socalled libel tourism and nearer to home by worries about the high cost of libel litigation and excessive zeal of claimants, the new Act is meant to tilt the balance away from the protection of reputation in favour of the free exchange of ideas and information. At the time of writing there have been two first instance decisions under the new Act: Cooke v MGN and Yeo v Times Newspapers. Both decisions suggest that predictions that there will be significant changes to defamation practice will prove to be correct. The most important practical reform can be found in s11 which reverses the presumption in favour of jury trial. In Yeo v Times Newspapers, the claimant, an MP, is suing over allegations that he had breached parliamentary rules to act as a paid advocate. The Times’ application for the trial to be heard by a jury was rejected in August of this year. The court (Warby J) said that there was no longer a constitutional right to trial by jury in defamation cases and the reasoning in the authorities dating from before the 2013 Act no longer apply. In practice, the scope for a jury trial has been reduced almost to vanishing point. This change allows a court, as has in fact already been happening in a number of cases where the parties consented, to rule at the outset on issues such as the actual meaning of a publication, as Warby J did in Yeo, rulings that should further the overriding objective and save costs. One other reform which is likely to prove significant is the introduction, in s1 of the Act, of a ‘serious harm’ threshold. A publication is now not defamatory and is therefore not actionable unless it has caused or is likely to cause serious harm to reputation. If the claimant is a body which trades for profit, the statement will not be actionable unless it has caused or is likely to cause ‘serious financial loss’. In Cooke v MGN, a housing association and its chief executive sued the publishers of The Mirror in respect of references to them in an article which focussed upon another landlord associated with a television programme called Benefits Street. The Judge (Bean J) held that the publication bore defamatory meanings about both claimants but neither had not been caused or was likely to be caused serious harm. The Judge considered that the court had to assess the position from

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A Libel Revolution?

the date of issue of the claim form and attached particular importance to the apology published by the newspaper following publication and before issue of the claim form. The decision raises a number of questions, not least in respect of what evidence might be adduced by a claimant to satisfy s1. Defences which had previously been developed by the common law have been repealed but their re-enactment in statutory form is said in most cases to reflect the existing law. One new provision likely to be of interest to claimants suing media organisations allows a judge to order a summary of a judgment to be published. There is also a new defence available to website operators where the content being sued upon is user-generated. The aim being to ensure the dispute is decided between the true author of the statement and the claimant. Whilst some of these reforms should assist in the free exchange of ideas and information as intended, the Act’s introduction has not been part of a co-ordinated or coherent strategy and developments in other areas of media law appear to point in other directions (see Guy Vassall-Adams’ article on the Google Spain decision). Whilst the Defamation Act may lead to fewer high-profile libel cases, the need for the law to resolve the tension between free speech and legitimate restrictions upon it, such as reputation, privacy and harassment, will continue. Adam Speker was Called to the Bar in 1999. He specialises in defamation, privacy, media law and harassment from 5RB.

Felicity McMahon was Called to the Bar in 2008 and joined 5RB in 2012. She also specialises in defamation, privacy, media law and harassment.


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Article Title

The Honourable Society of the Middle Temple

08/09/2014 11:37

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Day in the Life of….

...a BPTC student

...a post-BPTC student

Katya Kornilova

Zoë Chapman

Today is a dining day but first I have a civil litigation class followed by a criminal evidence lecture. The majority of the class is spent going through our prep task. By the end of the session, it had become obvious that we would need to know The White Book by heart to pass the exams! During the break, my classmates and I went to the local fairtrade African cafe for lunch. The criminal lecture went by very quickly and then I made my way to Middle Temple. Most of my friends are from MT, so it is always great to see familiar faces during dinner. It took a few dining sessions to familiarise myself with the traditions, such as port and toasting at the end of the meals, but now I am one of the first on my feet replying to Master Junior - “The Queen, Domus, Absent Members”. It is the end of another great night, but luckily we need to attend 12 qualifying sessions during our BPTC, so until next time Middle Temple!

Last academic year was an opportunity to spend time in an environment which encouraged and facilitated the pursuit of my aspiration to work as a barrister. There were lots of opportunities to gain practical experience, such as the Free Representation Unit (FRU), helping to run a law clinic, and volunteering for the University and College Union (UCU). Through the Inn, I had the chance to take part in mooting competitions, “Training the Trainers” days, and the London Legal Walk. Finishing the BPTC, I was worried that leaving that environment would bring everything grinding to a halt, not least because I would be returning to my home town, where law-related jobs and volunteer opportunities are very scarce. I have certainly had to be a little more independent in terms of seeking out experiences, and have found it hard to find anything locally, so far – although I recently had an interview for a job in a solicitors’ firm. Luckily, though, I have been able to continue with my work for the FRU and the UCU, and am applying for jobs in London. All of this, plus pupillage applications, has meant that I have been able to remain very busy, after all!

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...a pupil

...the Director of Liberty

Luke Wilcox, 2013 Call Landmark Chambers

Shami Chakrabarti, 1994 Call 15 July 2014 My working day starts on the (inevitably packed) train into London. I am researching an arcane aspect of rating law for a former pupil supervisor, and the journey is spent reading the handful of cases which may be relevant. Rating is far more interesting than anyone expects, and having studied the field intensively during pupillage, I

am completely hooked! On arrival at Chambers, the clerks call: a defence needs to drafted, extremely urgently, in a highways matter. Fortunately the facts are simple and the issues narrow, and I produce the pleadings in the nick of time. I celebrate with a quick bowl of soup in Hall with my co-pupil. That afternoon I accompany my supervisor to a conference regarding the ownership of a large, valuable area of farmland. The day ends with drinks with a former colleague from Parliament, where I spend a happy evening catching up on political gossip.

...a non-practising barrister Bart Kavanagh, 2011 Call Probyn Miers I am more likely to spend my day wearing a hard hat than a wig. Having been an Architect for many years before being called to the Bar I now provide expert evidence in construction disputes as well advising on dispute avoidance and I am developing a practice as an arbitrator and mediator. From Wigan to Oman, the City of London to Dubai the matters I am asked to advise on range from construction defects in damp basements and crumbling extensions to allegations of professional negligence in multi-billion dollar commercial and infrastructure projects. Visiting sites throughout the country and around the world and meeting the variety of amazing characters that populate the construction industry, offers refreshing respite from the inevitable computer-bound hours. Most disputes settle, but not all and early next year I am expecting to be in court being cross-examined, unusually for a Middle Templar.



It’s lucky no two days are the same, as yesterday was memorable for all the wrong reasons. The government revealed “emergency” surveillance legislation, coupled with a cabinet reshuffle that signalled contempt for human rights. Because of this I was out of the house before 6:30am and on the sofa for a BBC Breakfast interview not long after. It was then on to Liberty House. The reshuffle removed the strongest defenders of our rights and I wanted to remark on Dominic Grieve’s departure in particular. With a blog on this done, the rest of the day was dedicated to organising our fight back plan on the surveillance power grab; it was reassuring to talk to friendly faces from both sides of the House who shared our shock. That evening was a Liberty Members’ Event. We’re a membership body and our members are really the ones who keep it all going.

...a Senior Junior Linda Goldman, 1990 Call Henderson Chambers Friday, 18 July 2014. Barrister’s log, Bardate 8602 (days since call). Wedding anniversary. 0130: Complete mission drafting difficult contract. Wake longsuffering, less-than-grateful husband. Present anniversary card. Tropical climate, thunderstorms and dog panic disturb sleep. 0630, 280C: I am Legal Assessor to a regulatory body today. Swim, coffee. Send contract (a work of legal art), suggesting simplifications. 0800, 290C: Husband drops me at tube. 0900: Work in regulator’s air-conditioning. 1600, 320C: Collect next week’s papers from Chambers. Meet fellow Middle Templar. Betray the cause by having tea at Inner. 1700, 330C: Trudge to Bar Council reception for Chinese lawyers. Reception is at Middle. Sprint back in time to meet and chat. Whew! 1800, 330C: Persuade husband to forego rugby with Saracens over 50s, for which he trained all week. Anniversary dinner. 2300: Arrive home. Check e-mails: client agrees to suggested redrafts saying, “No immediate rush - Monday would be great.” Thermometer melts.

Day in the Life of…

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...a Silk

...an Honorary Bencher

Master Rachel Langdale, 1990 Call, 2009 Silk 7 Bedford Row

The Rt Hon. the Lord Butler of Brockwell KG GCB CVO Retired Civil Servant and Life Peer

• Quiet on 7.30 am train London to Newark Northgate: time to gather my thoughts • Meet junior at Newark Northgate, discuss recent disclosure driving to Lincoln: collaboration one of the best parts of the job • Consultation with a mother who is fighting to keep her baby: a day in our working life involves someone else’s whole life • Lunch with solicitor and junior: agree the best way forward • Focus on e-mails and texts on return train journey: other parts of my life get a look in here • Into Chambers to drop off files and check pigeon hole: more admin to deal with later • Phone call home: all is well • Middle Temple for Parliament meeting, drinks and dinner: good company, food and wine • Watch contestants in moot semi-final: impressive as usual

I start the day with breakfast at the café in Lincoln’s Inn Fields before a visit by the Parliamentary Arts and Heritage Committee to Sir John Soane’s Museum. I then cycle to Westminster to do my preparatory reading for a meeting of the Parliamentary Security and Intelligence Committee next day. At mid-morning, I go to the City for a meeting of the General Purpose and Finance Committee of my livery company, the Salters. After lunch, its back to Westminster for the weekly Crossbenchers’ meeting and then the Annual General Meeting of the All-Party Cycling Group. That’s followed by a debate on the Second Reading of the emergency Data Retention and Investigatory Powers Bill, in which I am speaking. The debate continues from 4pm until 8:30pm, squeezing out two other engagements I would have liked to attend. After the debate I return for a late supper with my wife and devote the rest of the evening to dealing with my correspondence and emails, which are mainly about the Assisted Dying Bill.

...a Resident Judge Master Shaun Lyons, 1975 Call, Circuit Judge since 1992 Wood Green Crown Court After an arrival at 8am and reading/ box work, formal business starts at 9am with the daily meeting with Court Manager (no-one in post since April) and the List Officer. The first business is to check that we have sufficient staff in to man the courts we are running. The courts equipment and fabric is then discussed. Each is a listing constraint; trials move from courtroom to courtroom in search of a working video system. Obsolete lifts break down frequently and bring very real difficulties – from the fifth floor courts to the cells there are 196 steps. Progress in each court and the days work are reviewed. The medium term tomorrow, next week and beyond - is then rehearsed. The “in court day” starts at 10am. Although in every court there will be problems, nearly all caused by lack of resources - late preparation, papers missing or served late, witnesses not warned, prisoners arriving late, booked interpreters not appearing – it is a relief to be in court. At lunchtime a meeting with the List Officer settles the List for the following day and at 5pm there is a “wash up” review of the day and a look ahead, followed by further administration and box work.

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Day in the Life of…




Article Title

The Honourable Society of the Middle Temple

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Gloriana MASTER JEREMY MCMULLEN

The first Georgian, George I of Great Britain and King of Hanover, was crowned on 1 October 1714 amid scenes of rioting in over 20 cities. One of his early acts was to sail up the Thames to his inherited palace at Hampton Court. He had to be accompanied by one of his mistresses, he having divorced and imprisoned his wife Sophia for 32 years in Germany.

adventure on the water, taking the bow side. The crew and the professional coxswain were provided with authentic Georgian polo shirts in red and gold with cute logos. After an exacting voyage upstream, the boat was met at Hampton Court by hundreds of respectful subjects, and several bands. As the crew tossed oars and saluted the

“It was built to lead the Regatta in the Jubilee Pageant, and then to carry the Olympic flame on its last leg...” A re-enactment of this joyous event took place on Easter Saturday, 19 April 2014. Actors took on the roles of the royalty, and Queen’s Row Barge Gloriana was pressed into service. It was built to lead the regatta in the Jubilee Pageant, and then to carry the Olympic flame on its last leg down the Thames from Hampton Court to the Tower, both in 2012. And both accompanied by your correspondent. Some sportsfolk will have experience of rowing or sculling, even rowing in an VIII. Gloriana is an XVIII, a configuration where indiscipline is likely to be systemic. It is a faithful representation of similar vessels dating from the time. As such it has no current refinements to the art of rowing: fixed seats, no riggers, not even pins or gates to hold the 18” blades in place. It does however have an engine, which is there to boost the rowers on turns. And a sumptuous heads for the use of the eight or so passengers. The barge had just recovered from being driven into Richmond Bridge. A select crew was on board at Dittons Skiffing and Punting Club to start the row. I stroked the XVIII with Mark Watters, veteran of many a reckless joint

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Gloriana

faux king, he stepped ashore to tumultuous veneration. He was followed by his mistress and his scarcely-clad Ottoman servant. Following much admiration by onlookers of the boat, it turned with the help of boosters and was rowed at a more determined rate back to port, with its crew ready to be indentured for the next wacky event.

Master McMullen was one of the two permanent judges of the Employment Appeal Tribunal in London and Edinburgh. He also sat in the QBD and Southwark Crown Court. Called in 1971 he worked for the GMB union until starting pupillage in 1985, and practice at Old Square Chambers and 9 St John St Manchester. He took silk in 1994 Since retirement in 2013, he has spent most of his time rowing on the Tideway.


The Biennial Survey LUCY BONE In June 2014 the Bar Council and BSB released the second Biennial Survey of the Bar. It was hoped that the results of this, building on the trends identified in the 2011 Survey, would inform strategic planning and provide an insight into the working lives of barristers. Questionnaires were completed by 3,300 barristers randomly from all sectors of the profession and questions covered a wide range of aspects of working life. Some clear themes emerged, in particular, that the experience of life at the Bar is strikingly different amongst certain groups.

Criminal and Family Practitioners: A clear and profound difference of perspective emerged from those practitioners most affected by the legal aid reforms; a tale of two Bars, as the Survey puts it. While Crime is the biggest practice area (31% of all barristers and 43% of self-employed Bar), it also has the highest dissatisfaction at 58% of self-employed barristers saying they are dissatisfied compared to 20% of civil practitioners. 57% of criminal barristers and 39% of family barristers reported decreasing earnings and 75% of criminal barristers and 49% of family barristers thought they are not paid fairly considering their expertise. On average, criminal and family barristers work the longest hours, and 57% of criminal barristers said their workload had increased. Half of all criminal barristers and 40% of family barristers say they are planning to leave their current position in the next two years. Chancery and Commercial (“C&C”) practitioners on the other hand were the most satisfied with 68% saying that all or most of their needs were met. 51% of self-employed C&C practitioners have seen their earnings increase, and 41% an increase in workload. However practitioners in this area work fewer hours than any other area, with 33% working 51 hours a week or more compared to 54% of the criminal Bar and 49% of the family Bar.

Women: While the self-employed Bar remains predominantly male with 65% of self-employed barristers being male, the employed Bar is more balanced at 51:49% male to female. Family law is the only area of practice where women outnumber men (61%). Amongst C&C barristers, 67% of men received international instructions compared with 43% of women. Looking at the gender ratio by year of Call, it is even in the 4-12 year bracket, then falls to 40% between 13-21 years’ Call and down again to 22% for 22 years’ Call and over. Attrition of women from the profession has long been a cause for concern (and admirably confronted by the Temple Women’s Forum), however the data also reveals a drop in women joining the profession, with the 1-3 year Call bracket at just over 40%.



Women barristers are much more likely to be single (38% of women against 21% of men) and slightly less likely to have dependent children (42% of women against 48% of men). Women are less likely to agree that the Bar is a family friendly profession; barristers with caring responsibilities reported decreased earnings and barristers without children were more likely to report increased earnings. There is a higher rate of dissatisfaction with 41% of female barristers intending to change their work situation (e.g. change practice, take leave, or leave entirely) against 35% of men. The survey revealed an increase in bullying and discrimination, with women more likely to have experienced this than men (22% : 9%) and Black and Minority Ethnic (BME) barristers more likely than white barristers (25% : 12%). Of all those bullied, 48% cited gender as the reason, and a further 12% pregnancy/maternity.

Public or Private School: Educational background is a further differentiating characteristic, manifesting itself across the data. It is associated with reported bullying and discrimination at the self-employed Bar: 9% of privately educated barristers compared with 14% of state educated barristers. Dissatisfaction is higher amongst state educated barristers than those privately educated (41% : 32%). 19% of all barristers went to private school then Oxbridge and a compounding effect can be seen, in the likelihood of taking silk, of being a C&C practitioner and reporting both higher rates of satisfaction and increased earnings. This has real significance for the diversity of the Bar, as women and BME barristers are less likely to have gone to private school or Oxbridge. In his foreward, the Chairman of the Bar Nicholas Lavender QC rightly lauds the 39% of barristers who had undertaken pro bono work, their ranks disproportionately populated by BME barristers and those under 7 years’ Call. Despite all the challenges the Bar faces and the differences of experience highlighted above, when it came to values, the Survey uncovered striking unity: 88% of all barristers said their work was interesting, 88% proud to be a barrister. Two Bars perhaps, but here, at least, one voice.

Lucy Bone practices from Littleton Chambers having been Called in 1999. Her practice includes both commercial and employment work. She also sits as a barrister member of the Professional Conduct Committee of the Bar Standards Board. All views expressed are her own.

The Biennial Survey

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Early Mathematical Books in Middle Temple Library’s Rare Book Collection RENAE SATTERLEY, SENIOR LIBRARIAN Although there was a library at the Inn during Tudor times, all of the books from within it slowly disappeared due to the fact that the library “stood allways open”. The bequest made by Robert Ashley re-established a library in 1641. While Ashley spent his career practising law, he used its “ebbes and tydes” to steal and snatch by “travaile, bookes and conference to get some knowledge of forreigne countries and vulgar languages”. In other words, he spent a large part of his time collecting and reading books in the manner of a true bibliophile. He has inscribed this motto in some of his

which includes music and astronomy. Roughly half of the books are illustrated and three have volvelles; the earliest book dates from 1494 and the latest 1639. Many of the books show evidence of previous ownership by way of signatures and/or notations. One volume of three works by Jean Fernel has the earliest known English book ownership stamp, belonging to William Lambe, a London merchant and a freeman of the Clothworkers’ Company. The book also belonged at some point to Henry Sinclair, a judge in the Court of Session (Scotland) and later Bishop

“Many of the books show evidence of previous ownership by way of signatures and/or notations.” books: “Nulla maior est jactura scienti quam temporis”. It is possibly adapted from Adam Siber’s Poematum Sacrorum (Basel, 1565-66) and translates loosely as “for the wise man, no loss is greater than that of time”. The breadth of his collection is characteristic of a member of the learned gentry of the time, covering a range of topics from astronomy to witchcraft. His library is unique for being one of the few of its size to have remained relatively intact in central London, where it originated as a collection. It also serves as an example of the wide range of learning and reading done by members of the Inns of Court, and what types of books were available to them. One of the subjects that particularly interested Ashley was mathematics and its various branches: algebra, calculus and geometry, as well as the broader mathematical subjects of astronomy and even chiromancy. There is no known catalogue of Ashley’s collection at the time of his death, but the earliest manuscript catalogues date from 1684 and list over 4,100 books. The Inn acquired approximately 130 titles between 1641 and 1684, thus these catalogues give a fairly accurate view of Ashley’s library at the time of his death. As the catalogues are divided by subject it can be acknowledged with some accuracy that Ashley’s original collection had 245 mathematical books,

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William Lambe’s printed bookstamp of 1530. According to David Pearson, Director of Culture, Heritage and Libraries City of London, this is the earliest recorded printed English bookstamp.

of Ross. The books from John Donne’s library contain a copy of Friedrich Risner’s Opticae libri quatuor (1606) and Jean Borrel’s De quadratura circuli libri duo (1559). Thomas Hood’s The making and use of the geometricall instrument called a sector (1598) contains four pages of manuscript notes explaining the theorem of a right lined triangle; the last page is signed simply ‘D.G.’.


lived at their Inn, mixing with the surveyors, craftsmen and architects who built and repaired their halls and chambers, and developed connections with merchants. Moreover, they lived in central London, in close proximity to the scientific instrument makers and booksellers located in and around Fleet Street and St. Pauls. They also would have had access to the lectures and demonstrations held at Gresham College and the College of Physicians. It is also possible that these books were acquired in order to understand the underlying principles of geography and navigation. Many members of the Inns invested money in the Virginia Company and travelled to unknown lands. It is possible that there was a fiscal reason for owning and annotating mathematical works, in order to understand the technical details underlying navigational and geographical discoveries. Three of the books require conservation. If you would like to sponsor one of these books please contact the author: r.satterley@middletemple.org.uk or 020 7427 4830.

A woodcut depicting various learned men, including Euclid, Aristotle and Plato as well as the figures of music, arithmetic and geometry amongst others.

Mordecai Feingold, in his work The Mathematicians’ Apprenticeship states that the “acquisition of a scientific text tended to indicate more than a minimal interest in the subject”. In addition, lawyers were trained to read and digest difficult texts, and their acquisition of mathematical books is not uncommon. Wilfred Prest has used probate records to show the range of books owned by barristers, including mathematical treatises, and that books were often dedicated to the “gentlemen of the Inns of Court”, including the 1635 English translation of Mercator’s Atlas. Active members

Renae Satterley has been working at Middle Temple since January 2006. She was promoted from Rare Books Librarian to Senior Librarian in 2010. Renae is originally from Canada, having completed her BA at Concordia University in Montreal and her Master’s of Library & Information Studies at McGill University in 2004. She came to London via Cambridge, having worked for Emmanuel College for one year.

A woodcut allegory on geometry, from Gregor Reisch’s Margarita philosophica, 1504.



Library's Rare Collection

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Library Book Donations Very many thanks to all who donated titles to the library since the last edition. They are most welcome additions to stock. From Julian Burling: Lloyd’s: law and practice. By Julian Burling. Informa Law, 2014.

From Stephen Field: The Prisons Handbook, 2014. 16th edition. Edited by Mark Leach.

From Mark Hubbard: Protectors of Trusts. By Mark Hubbard. Oxford UP, 2013

From Richard Harwood: Historic Environment law: planning, listed buildings, monuments, conservation areas and objects. Supplement 2014. By Richard Harwood. Institute of Art and Law, 2014.

From Master Ashe: Anti-money laundering: risks, compliance and governance. By Michael Ashe and Paula Reid. Round Hall, 2013. From Carl Islam: Tax-efficient wills simplified 2013/2014. By Carl Islam. Management Books, 2013. From Hafsah Masood: The protections for religious rights: law and practice. By Sir James Dingemans, Can Yeginsu, Tom Cross and Hafsah Masood. Oxford UP, 2013. From Master Stockdale: 1. Blackstone’s Criminal Practice 2014; and Supplement 1. Oxford UP, 2013. 2. Blackstone’s Criminal Practice 2014: supplement 2. Oxford UP, 2014. 3. Blackstone’s Criminal Practice 2014: supplement 3. Oxford UP, 2014. 4. Thieves of Book Row: New York’s most notorious rare book ring and the man who stopped it. By Travis McDade. Oxford UP, 2013. 5.  Queen Elizabeth the Queen Mother: the official biography. By William Shawcross. Macmillan, 2009. From Master Arlidge: Arlidge and Parry on Fraud. 4th edition. Sweet & Maxwell, 2014. From Master Blair: Financial services law. 3rd edition. Oxford UP, 2014. From Glen Davis and Marcus Haywood Butterworths Insolvency Law Handbook. 16th edition. LexisNexis, 2013.

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From Michael Nicholls: The 1996 Hague Convention on the protection of children. By Nigel Lowe and Michael Nicholls. Jordan Publishing, 2012 From Jason Olsen (of West Academic publishers): 1. Oil and gas law in a nutshell. 6th edition. By John S. Lowe. 2. Legal research in a nutshell. 11th edition. By Morris L Cohen and Kent C. Olsen. From Paul Ozin: PACE: a practical guide to the Police and Criminal Evidence Act 1984. 3rd ed. By Paul Ozin, Heather Norton and Perry Spivey. Oxford UP, 2013. From Jonathan Schwarz: 1. Schwarz on tax treaties. 3rd edition. 2.  Booth and Schwarz: residence, domicile and UK taxation. 17th edition. From Adrian Carr and Tanfield Chambers: Service charges and management. 3rd edition. By Tanfield Chambers. Sweet & Maxwell, 2013. From Lady Waterhouse: Child of another century: recollections of a High Court Judge. By Ronald Waterhouse. 2013. From Michael Wilkins (Viscount of the Royal Court of Jersey): Jersey insolvency and asset tracking: fourth edition supplement. By Anthony Dessain and Michael Wilkins. Key Haven Publications, 2014.


From Master Wilmot-Smith: Wilmot-Smith on construction contracts. 3rd ed. Oxford UP, 2014. From Professor Richard C. Wydick: Representing justice: invention, controversy, and rights in City-States and democratic courtrooms. By Judith Resnik and Dennis Curtis. Yale UP, 2011. Donated by John Keown (Rose Kennedy Professor of Christian Ethics, Kennedy Institute of Ethics, Georgetown University): 1. Debating Euthanasia. By Emily Jackson. 2012 2. Abortion, doctors and the law. By John Keown. 1998 3.  Euthanasia, ethics and public policy: an argument against legalisation. By John Keown. 2002 4.  Euthanasia examined: ethical, clinical and legal perspectives. By John Keown. 1995 5.  The law and ethics of medicine: essays on the inviolability of human life. By John Keown. 2012

From Saul Lehrfreund and Parvais Jabbar, (Death Penalty Project): The death penalty in Taiwan: a report on Taiwan’s legal obligations under the International Covenant on Civil and Political Rights. Death Penalty Project, 2014 The planning and Environmental Bar Association 2014-15 Handbook. Sweet & Maxwell, 2014

Every effort has been made to ensure the accuracy of this list but we apologise to anyone we may have missed. If you are interested in donating to the library please get in touch with Bernadette Keeley on library@middletemple.org.uk.

Justice (Brigadier) D. M. Sen CELEBRATING 100 YEARS We are delighted to offer Justice Sen the Inn’s congratulations on reaching 100 years of age on 6 August this year. Justice (Brigadier) Sen is one of the oldest surviving veterans of the Indian Army, and was one of the architects of Indian military law. He graduated in law from London’s King’s College, was Called to the Bar in 1953 and enrolled as private in the British Army in the Royal Scots 1941. Two months after joining he was commissioned into the Indian Army as officer cadet. He went on to become the Indian Army’s first Judge Advocate General a post he held until 1957. After retiring from the army he went into private practice for several years. He was appointed as judge of Assam High Court in 1969. Since retiring he has been advisor to and Chairman of many different bodies. He now lives in Delhi and we wish him many more years of peaceful retirement.



Justice (Brigadier) D. M. Sen

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Temple Church Calendar 2014-15 In addition to the regular Sunday services at 08.30 and 11.15 the following events will take place in Temple Church. OCTOBER 2014 Michaelmas Term Thursday 16 October, 5:45pm

Evensong – for Saint Luke’s Day Sunday 26 October, 11:15am

Monday 15 – Friday 19 December, 7:30pm

The Temple Winter Festival A concert series presented by the Temple Church with Hazard Chase, in association with BBC Radio 3. See www.templemusic.org for further information and booking.

Choral Communion

Thursday 18 December, 7:30pm

Guest preacher: The Rt Revd Jonathan Baker, Bishop of Fulham.

The Temple Winter Festival

NOVEMBER 2014 Michaelmas Term Monday 3 November, 5:45pm

Evensong (Men’s Voices) – for All Saints’ Day Sunday 9 November, 10:55am

Choral Mattins (Men’s Voices) – Remembrance Sunday Tuesday 11 November, 7pm

The Winter of the World: In Commemoration of the Outbreak of World War I

A concert performed by the Temple Church Choir. Roger Sayer, director. Greg Morris, organ. See www.templemusic.org for further information and booking.

Wednesday 24 December, 11:15pm

Midnight Choral Communion – Christmas Eve Thursday 25 December, 11:15am

Choral Mattins – Christmas Day JANUARY 2015 Hilary Term Sunday 11 January, 11:15 am

See www.templemusic.org for further information and booking.

Choral Mattins, First Choral Service of the Term

Monday 17 November, 5:45pm

Thursday 15 January, 5:45pm

Choral Evensong – to launch the 800th Anniversary Celebrations of the Sealing of Magna Carta. Tuesday 25 November, 12 noon – 8pm

Temple Church Christmas Fair in Inner Temple DECEMBER 2014 Michaelmas Term Monday 1 December, 6pm

Advent Carol Service Wednesday 10 December, 6pm

Choral Evensong, Special Magna Carta Service FEBRUARY 2015 Hilary Term Monday 2 February, 5:45pm

Choral Evensong, Candlemas Wednesday 18 February, 5:45pm

Choral Evensong, Ash Wednesday MARCH 2015 Hilary Term

Carol Service I

Sunday 29 March to Sunday 5 April

Contact Catherine de Satgé for further information, catherine@templechurch.com.

From Palm Sunday to Easter Church Services and Music

Sunday 14 December, 11.15am

APRIL 2015 Easter Term

Carol Service II Booking required. Contact Catherine de Satgé, catherine@templechurch.com for further information. Sunday 14 December, 3pm

Sunday 5 April, 11:15am

Choral Communion, Easter Sunday JULY 2015 Trinity Term

Nativity Play

Sunday 26 July, 11:15am

Contact Liz Clarke, liz@templechurch.com for further information.

Last Sunday of the Legal Year Service of Baptism, Confirmation and Choral Communion followed by Family Barbecue in Church Court.

For any queries please contact Catherine de Satgé, Catherine@templechurch.com 114

Temple Church Calendar 2014-15


Congratulations! The Inn would like to congratulate the following couples who were married in Temple Church last year and wishes them all the best for the future!

Catherine Smith and Richard Borrett 5 April 2014

Helen Wilkinson and Richard Bourne 17 May 2014

Photo: Liam Crawley

Barnaby Shaw and Antonia Knott 17 January 2014

Hannah Eidinow and Daffyd Edwards 24 May 2014



Charlotte Stafford and William Reid 21 June 2014

Temple Church Weddings

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Stephen Ward Was Innocent, OK by Geoffrey Robertson QC BOOK REVIEW BY KIRSTY BRIMELOW QC On 31 July 1963 Dr Stephen Ward was convicted at the Old Bailey of two counts of living off the earnings of a prostitute. He was not in the dock but comatose in hospital having attempted to take his own life the previous night. In a suicide note he wrote that “after Marshall’s [the judge’s] summing up. I’ve given up all hope”. He died on 3 August as the fingers pointed and smudged his name. It was a desperately ignominious end for this osteopath and artist to the famous and grandiose. Yet, even then there were some quiet misgivings. At his graveside, one card read “To Stephen Ward, victim of hypocrisy”. However, on the wider stage, the misogynist labels of “tarts” and “whores” were plastered over Marilyn (Mandy) Rice-Davies and Christine Keeler. Stephen Ward was the targeted casualty of the Profumo affair. Often called the “British Dreyfus”, Stephen Ward’s story fundamentally is about establishment, court and society’s hysterical moral panic. However, amongst this potent mix, Robertson’s book is a forensic analysis of the evidence. Robertson makes the case as to why it is important for society as well as for specific individuals for verdicts to be revisited by the Court of Appeal – even after over half a century. He walks the reader through the history to the establishment of the Criminal Cases Review Commission (CCRC) by the Criminal Appeal Act in 1995 and its powers to refer a case to the Court of Appeal if it considers there is “a real possibility” that the conviction would not on reconsideration be upheld. As Stephen Ward did not and could not appeal (he had committed suicide) Robertson pushes forward section 13(2) of the Act which permits the CCRC to make a reference without a previous appellate judgment if there appear to be “exceptional circumstances” to justify it. And for a few moments we are transported back to the words of Lord Chief Justice Bingham when examining the 1953 conviction and subsequent hanging of Derek Bentley. He described a fair trial as “the birthright of every British citizen.” The quashing of Bentley’s conviction brought closure for his relatives but also explained what

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had gone wrong. The Court of Appeal judgment sits as part of important legal memory. After establishing why it is important to consider a case apparently from another era, Robertson moves to examine the evidence and roles played by legal figures in Stephen Ward’s case in the context of his jurisprudential birthright. It is a clear confident analysis that underpins a compelling narration. Whilst Robertson often speaks with a voice of thinly veiled anger and repeatedly throws down the gauntlet to British justice, the book’s ultimate aim is to argue, that the CCRC should refer the case to the Court of Appeal. This it does in detail and effectively. However, it is an important book not just because of its goal of legal remedy but because Ward’s story emerges as without ties to a particular time in history. It stretches out a skeletal hand of relevance across the decades to the modern use of telephone interception and surveillance. Ultimately, it presents hard questions about the justice system and society then and now. If the Stephen Ward case is, at its heart, the compulsive, distorted hounding of one man and abuse of executive power, what lessons have we learnt?

Kirsty Brimelow QC was Called to the Bar in 1991 and took silk in 2011. She specialises in criminal law, public international, constitutional, human rights and international criminal law. She is a tenant at Doughty Street Chambers and Chair of the Bar Human Rights Committee of England and Wales Geoffrey Robertson QC has been a Master of the Bench at Middle Temple since 1997. He is founder and joint head of Doughty Street Chambers, and has had a distinguished career as a trial and appellate counsel, an international judge and author.

Stephen Ward was Innocent, OK by Geoffrey Robertson QC. Book Review by Kirsty Brimelow QC




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New Masters of the Bench These Masters of the Bench were all Called to the Bench between October 2013 and July 2014, following their election by Parliament. They are Called by Master Reader in a ceremony held in Hall attended by their guests, fellow Benchers, members of Hall and students. After dinner, each of the new Benchers is introduced by Master Treasurer and gives a brief address. Bench seniority is determined by date of Call to the Bar for members of the Inn, and at the Treasurers’ discretion for Honorary Benchers. This list is in order of seniority, with the most recently called Bencher, “Master Junior” at the end of the list. At each Inn event, “Master Junior” replies to the Treasurer’s toasts to The Queen, Domus and Absent Members. A full list of Masters of the Bench can be viewed on the “Members” section of the Inn’s website.

Dominic Kendrick QC

Simon Myerson QC

Call: 1981 Silk: 1997

Call: 1986 Silk: 2003

Master Kendrick is a tenant at 7 King’s Bench Walk where he practises in commercial law, essentially international trade and insurance. He also sits as an arbitrator, is a member of the London Court of International Arbitration, and occasionally sits as a chairman of Bar Disciplinary Tribunals. Outside professional life, he goes to a lot of plays, cycles and spends much time on projects concerning his house in Kent.

Her Honour Judge Rosalind Coe QC Call: 1983 Silk: 2008 Master Coe was appointed a Recorder in 2003 and has been a Circuit judge (NE circuit) since 2011, currently sitting in Sheffield. She was the Midland and Oxford Circuit junior from 1991-1992 and served on the Nottingham Bar Mess Committee from 19872010 (including Chairman from 2002-2006). She previously practiced from 7 Bedford Row.

Photo: TopFoto / UPP

The Hon Mr Justice Hayden Call: 1987 Silk: 2002 Master Hayden was appointed a Justice of the High Court (Family Division) in 2013. Previously, he was the Head of Chambers at St Johns Building, Manchester. He is the Chair of the Northern Circuit Expert Witness Initiative.

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Master Myerson has a wide-ranging practice covering crime, civil and regulatory work. He practises crime from St Paul’s Chambers, Leeds and civil from Byrom Street Chambers, Manchester. He is a member of the Bar Standard Board Pupillage SubCommittee and a member of the Inn’s Education Committee.

The Hon Justice Chao Hick Tin DUBC Call: 1965 Master Chao is an appellate judge in the Supreme Court of Singapore and former Attorney-General of Singapore. In 1967, he joined the Attorney General’s Chambers in Singapore, where he was appointed Head of the Civil Division in 1982. He was elevated to the Singapore High Court Bench in 1987.

The Rt Hon Sir Christopher Geidt KCB KCVO OBE (Honorary) Sir Christopher has been Private Secretary to The Queen since 2007, having joined the Royal Household in 2002. His earlier career included service in the British Army and at the Royal United Services Institute for Defence Studies in London. During the conflicts in the former Yugoslavia of the 1990s, Sir Christopher worked for the Foreign and Commonwealth Office and the United Nations, based in Sarajevo, Geneva and Brussels.


Mr James Vivian MA FRCO (Honorary) Master Vivian is the Director of Music at St George’s Chapel, Windsor Castle  where he directs the professional choir of men and boys. From 1997 - 2013, he was a member of the music department at the Temple Church; he was Director of Music from 2006. He was educated at King’s College, Cambridge where he held the prestigious organ studentship.

Caroline Wilson Call: 1993 Master Wilson joined the Foreign & Commonwealth Office in 1995. She has previously held posts as Private Secretary to the Foreign Secretary, Deputy Director in the Cabinet Office and Minister Counsellor and Director of UK Trade and Investment Russia. She took up her appointment as British Consul General to Hong Kong and Macao in October 2012. She is a member of the FCO Management Board, where she represents the views of FCO posts overseas

Mavis Maclean CBE (Honorary) Master Maclean has carried out Socio Legal research at the University of Oxford since 1974. She founded the Oxford Centre for Family Law and Policy in 2001 and is now its joint Director. She has acted as the Academic Adviser to the Lord Chancellor’s Department since 1997. She is a Senior Research Fellow at St Hilda’s College, Oxford.

Sir Paul Nurse (Honorary) Sir Paul Nurse is a geneticist and cell biologist. He is President of the Royal Society and Director of the Francis Crick Institute in London and has served as Chief Executive of Cancer Research UK and President of Rockefeller University. He was knighted in 1999 and shared the 2001 Nobel Prize in Physiology or Medicine.

Michael Rubenstein (Honorary) Master Rubenstein is a writer, publisher, lecturer and consultant on employment and discrimination law. He is General Editor of Equality Law Reports, publisher of Equal Opportunities Review and Editor of Industrial Relations Law Reports. He has advised numerous international and national organisations, including the European Commission, for whom he drafted its Code of Practice on measures to combat sexual harassment at work.

Sir Robert Rogers KCB (Honorary)

publications are ‘How Parliament Works’ (7th edition 2014) and two Parliamentary miscellanies: ‘Order! Order!’ (2009) and ‘Who Goes Home?’ (2012).

John Lorn McDougall QC (Honorary) Master McDougall is Counsel and Partner Emeritus at the global law firm, Dentons. He is based in Canada but is also a door tenant at 3 Verulam Buildings. His practice encompasses virtually all aspects of corporate/commercial litigation, and his expertise in trial and appellate advocacy is reflected in leading cases in many different areas of the law.

Judge Peter Tomka (Honorary) Master Tomka is a Judge of the International Court of Justice, currently serving as its President. Prior to joining the ICJ, he was a Slovak diplomat. From 1999 to 2003, he served as Slovakia’s Permanent Representative to the UN. President Tomka is a Member of the Permanent Court of Arbitration and a Former Member of the United Nations International Law Commission. He was elected to the ICJ by the UN General Assembly and Security Council in 2003, and was re-elected for a new 9-year term in 2012.

His Honour Judge Edward Bailey Call: 1970 Master Bailey was appointed an Assistant Recorder in 1992, a Recorder in 1997 and has been a Circuit Judge (SE Circuit) since 2000, presently representing London civil judges on the Committee of the Council of Circuit Judges. He has written books on insolvency law and is the English representative on the Judicial Wing of Insol-Europe.

Charles Cory-Wright QC Call: 1984 Silk: 2006 Master Cory-Wright is a tenant at Thirty Nine Essex Street Chambers. He specialises in personal injury and clinical negligence, and is also a Special Advocate in national security-related cases. He was Chair of the Personal Injuries Bar Association from 2012 to 2014.

Andrew Langdon QC Call: 1986 Silk: 2006 Master Langdon is a tenant at Guildhall Chambers specialising in criminal law. He was appointed a Recorder in 2001 and began a three year term as leader of the Western Circuit in 2014.

Master Rogers joined the Commons as an Assistant Clerk in 1972, and served in every area of the House’s business. He was Clerk Assistant 2009-11 and Clerk of the House 2011-14. Among his



New Masters of the Bench between October 2013 and July 2014

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Judith Farbey QC Call: 1992 Silk: 2011 Master Farbey is a tenant at Doughty Street Chambers and specialises in public and administrative law. She is an active member of the Bar Law Reform Committee. She was recently appointed as a Deputy Judge of the Upper Tribunal (Administrative Appeals Chamber).

Alison Potter Call: 1987 Master Potter is a tenant at 4 Pump Court Chambers. She practices in a wide range of civil and commercial areas and has developed an increasingly successful practice as a mediator.

Robert-Jan Temmink Call: 1996 Master Temmink has an international commercial practice from Quadrant Chambers in London, predominantly working in dry shipping, aviation, insurance, construction and insolvency work. He appears frequently in foreign jurisdictions as Counsel, and sits as an arbitrator, adjudicator and mediator.

Vice Admiral David Steel CBE Call: 1988 Master Steel joined the Royal Navy in 1979 whilst he was at university. He was appointed Chief Naval Logistics Officer in 2008 and CBE in 2009. In 2012 he was appointed Chief of Naval Personnel & Training and Second Sea Lord.

Professor Hugh Collins Professor Hugh Collins is the Vinerian Professor of English Law at the University of Oxford and a fellow of All Souls College. He was the professor of English Law at the London School of Economic from 1991 to 2013. He has been articles editor and general editor of the Modern Law Review and a co-founder of the Society for European Contract Law.

Ambassador Matthew W. Barzun (Honorary) Master Barzun became the United States Ambassador to the United Kingdom on 1 August 2013. He was selected by President Barack Obama as National Finance Chair for the president’s 2012 re-election campaign. Ambassador Barzun is an internet pioneer who was the fourth employee at CNET Networks, where he worked from 1993-2004.  Ambassador Barzun served in a number of roles at CNET, including Executive Vice President, Chief Strategy officer, and member of the executive committee.

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The Rt Hon Sir Alan Beith MP (Honorary) Master Beith started his career as a politics lecturer at the University of Newcastle upon Tyne and has been the MP for Berwick upon Tweed since 1973. He has held many posts within the Liberal Democrats, including Deputy Leader, Chief Whip and Treasury Spokesman. He was knighted in 2008 for his services to Parliament. He was Chair of the Constitutional Affairs Committee from 2003-2007 and then subsequently Chair of the Justice Committee from 2007 to present. He has been Chair of the Liaison Committee since 2010. He was made a Privy Counsellor in 1992.

The Honorable Mr Justice McCloskey (Honorary) Master McCloskey has been President of the Upper Tribunal Immigration and Asylum Chamber since 2013. He was Called to the Bar in 1979 and took silk in 1999. He was appointed to the High Court of Justice of Northern Ireland in 2008 and Chairman of the Northern Ireland Law Commission in 2009.

Mrs Carolyn Toulmin Call: 1965 Master Toulmin was a law reporter for the Incorporated Council of Law Reporting covering the Court of Appeal until retirement in 2012. General Commissioner for the Division of St Pancras from 1980 (Chairman 1998-2008). She is now the sole proprietor of Clos Toulmin, a small vineyard in Burgundy.

Stephen Rubin QC Call: 1977 Silk: 2000 Master Rubin is a tenant at Fountain Court Chambers where he specialises in commercial litigation, particularly international disputes. He was appointed a Recorder in 2004 and became a member of the Bar of the BVI in 2013.

His Honour Judge Martin Edmunds QC Call: 1983 Silk: 2006 Formerly a Western Circuiteer, Master Edmunds has been a Circuit judge (SE Circuit) since 2009 based at the Crown Court at Isleworth.  He is an advocacy trainer on the Western Circuit, Middle Temple and abroad, and a tutor Judge with the Judicial College. He is a member of the Criminal Procedure Rule Committee.


Frances Judd QC

Jane Cross QC

Call: 1984 Silk: 2006

Call: 1982 Silk: 2010

Master Judd has specialised in children’s law for 25 years and was elected the Head of Harcourt Chambers in 2009. She is a member of the Association of Lawyers for Children. She is a co-author of three books in family law, the latest being ‘Relocation: a Practical Guide’ published by Jordan’s in 2013.

Master Cross is a tenant at Deans Court Chambers, Manchester, where she specialises in family law, Court of Protection and Human Rights. She is joint Chair of the Manchester Family Law Bar Association.

Michael Bowsher QC

The Honourable Mr Justice Newton

Call: 1985 Silk: 2006

Call: 1982

Master Bowsher is a tenant at Monckton Chambers where he has a practice based around EU and commercial law. He is the Chair of the EU law Committee of the General Council of the Bar of England and Wales. He is a visiting lecturer at King’s College London.

Professor Paul Brand FBA (Honorary) Master Brand was a lecturer in Law at University College, Dublin between 1976 and 1983. In 1997 he was elected a Fellow of All Souls College Oxford, became a Senior Research Fellow of the same college in 1999. He has been a member of the Council of the Selden Society since 1990 and a Vice- President since 2002.

His Honour Judge Michael Hopmeier Call: 1974 Master Hopmeier sits as a Circuit Judge at Kingston- upon- Thames Crown Court, mainly on fraud cases. He was appointed Visiting Professor at City University, London in March 2014. He lectures at the Judicial College and also abroad at international seminars on Confiscation and fighting economic crime.

Professor Eva Lomnicka Call: 1974 After obtaining an MA and LLB from the University of Cambridge, Master Lomnicka joined King’s College London in 1975 as a lecturer. She became a professor in 1993. She is a practicing barrister at 4 New Square Chambers with an advisory practice in consumer credit and financial regulation.

Master Newton became Head of East Anglian Chambers in 1998 and was appointed Recorder in 2000 and Circuit Judge in 2005. He was appointed Deputy High Court Judge in 2007, tutor to the Judicial College 2010 and High Court Judge in 2014.

Zia Bhaloo QC Call: 1990 Silk: 2010. Master Bhaloo was elected as the Head of Enterprise Chambers in 2013. Her practice covers all areas of commercial chancery, property and landlord & tenant. She is a founder supporter of the Social Housing Law Association.

Professor Kevin Gray LLD FBA Call: 1993 Master Gray is currently Dean of Trinity College Cambridge and has been a professor of law in the Universities of London and Cambridge. He has held numerous fellowships and professorships in Australia, Japan, the Netherlands, Singapore and South Africa and was recently a Major Research Fellow of the Leverhulme Trust.

Stuart Ritchie QC Call: 1995 Silk: 2012 Master Ritchie is a tenant at Littleton Chambers. His practice covers a broad range of commercial, civil fraud, employment and LLP disputes.

James Tillyard QC Call: 1978 Silk: 2002 Master Tillyard specialises in cohabitation and matrimonial finance as well as both public and private law disputes relating to children. He was head of Chambers at 30 Park Place, Cardiff, for 5 years and now sits on the Circuit Management Committee.



New Masters of the Bench between October 2013 and July 2014

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Obituaries: Lord Templeman Templeman was a formidable presence. His great strength lay in the total confidence that he exuded in his own judgment. Law lord renowned for bold decisions in cases ranging from the right to life for Down’s syndrome children to prescribing contraceptives. Whether as an advocate, judge or law lord, a pithy turn of phrase that cut to the heart of the matter was never far from Sydney Templeman’s lips — as when he gave a judicial definition of a fork in a land law case in the House of Lords in 1985: “The manufacture of a five-pronged implement for manual digging results in a fork, even if the manufacturer, unfamiliar with the English language, insists that he intended to make — and has made — a spade”. His wit was allied to his intelligence and a brisk, businesslike manner which left counsel in no doubt as to what he was thinking. Some barristers found this helpful; others quailed before him, dubbing him “Sid Vicious” in a reference to the anarchic bass player of the Sex Pistols. Templeman, however, was not impatient per se. Rather, he could give the impression that he knew counsel were trying to pull the wool over his eyes — and that he was not going to tolerate such an outcome. It was thus said that his manner on the Bench earned him the admiration, rather than the affection of the Bar. His great strength lay in the total confidence that he exuded in his own judgment. Perfectly aware of how he came across in court, he was fond in his later years of recalling a case in which he had been “bashing the lead counsel about a bit”. Once the barrister had concluded his remarks, Templeman inquired whether his junior would like to speak. “No my lord,” was the reply. “Not without a helmet.” He was not afraid to make bold decisions, authorising life-saving surgery for a baby girl with Down’s syndrome in the Court of Appeal in 1981, thereby overruling the wishes of the parents who thought that the kindest thing would be to allow her to die. Acknowledging the possibility that, even with an operation, the child might still die within two or three months, Templeman declared: “I have no doubt that it is the duty of this court to decide that the child must live. It is not for the court to say that a life of that description ought to be extinguished.” He made the news again in 1985 in the case of Victoria Gillick, when he supported her battle to stop doctors from prescribing contraceptives to girls aged under 16 without

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their parents’ consent. “There are many things a girl of 16 needs to practise, but sex is not one of them,” Templeman said in his customarily succinct way. However, he was one of only two law lords to hold this view, and Mrs Gillick — who had five daughters under 16 — lost her case. His long and distinguished legal career contained numerous notable moments. He acted for Tony Hancock’s second wife, Freddie, in the High Court in 1970 over the estate of the comedian, who committed suicide in 1968. He had left everything to his mother, who died the following year; her sole beneficary was Hancock’s brother, Roger. Templeman said that the marriage had shattered his client’s career and her health. He described Hancock as a “comic genius”, but added: “When an alcoholic genius contacts other persons there is quite often an explosion. That, I am afraid, is what happened in this case.” He urged that Mrs Hancock be awarded £16,500 from the £22,467 estate; Mr Justice Buckley largely agreed, awarding her £11,500 and saying that Hancock owed his wife “a moral obligation of a very high order”. In 1987 Templeman supported the House of Lords’ decision to continue the ban on the publication of Spycatcher, the memoirs of the former MI5 officer Peter Wright. Three years later, in a speech to the High Court Journalists’ Association, he admitted that he and his fellow judges had been “too backward-looking to begin with”, lamenting that they had succumbed to political pressure to come to a quick decision. Sydney William Templeman was born in 1920 and educated at Southall Grammar School, Middlesex. A prodigious reader, he conceived an interest in the law at the age of 12 after reading Dickens and later won a scholarship to St John’s College, Cambridge. During the war, he served with the Gurkha Rifles on the North West Frontier and in Arakan and Imphal. By the conclusion of hostilities, he was serving in Burma as Brigade Major, and had been mentioned in dispatches. He was appointed MBE in 1946. He was called to the Bar by Middle Temple in 1947 and awarded two scholarships. Having chosen to specialise in Chancery work, he joined chambers in Lincoln’s Inn. Like many of his contemporaries, he initially struggled to establish himself but he emerged as one of the leading juniors in his field.


After taking silk in 1964, Templeman prospered. Progressive in his approach to traditions and institutions, he was a member of the Bar Council for four years from 1961 and for two years from 1970. He probably contributed more than anyone to the establishment of the Senate of the Inns of Court and the Bar, a reshaped governing body that brought a long overdue measure of cohesion to the numerous overlapping functions of the four Inns and the Bar Council. In addition to being the main author of the Senate’s constitution, he served first as its treasurer and then as its president. Templeman was appointed Attorney General of the Duchy of Lancaster in 1970 and, two years later, as a judge of the Chancery Division of the High Court. He was promoted to the Court of Appeal in 1978 and quickly made his mark. In 1982, when Lord Denning was due to retire as Master of the Rolls, Templeman was tipped as one of the frontrunners for the post, but the job went to Lord Donaldson. Templeman was promoted to the House of Lords. He retired from the Bench in 1994 when he delivered his report on the prospects for 34 City churches, recommending that 24 of them be closed as places of regular Anglican worship. The report was welcomed by the Corporation of London, but drew fierce criticism from some churchmen. He was for a time the vice-president of the Corporation of the Sons of the Clergy, an Anglican charity that holds an annual service in St Paul’s followed by a dinner. At one of the services his seat was very near a brass ensemble, whose resounding music filled the cathedral. Thinking on his feet

swimmer and, on summer holidays at Roquebrune-Cap-Martin in the south of France, would “swim energetically and read voraciously” for two weeks — sufficient, his son Michael said, to “recharge his batteries” ready for the fray. He was, his son said, “a reserved Englishman who was never comfortable with emotion but who was warm-hearted, generous and witty”. He was also modest. In Canada a relative had arranged a game of golf with a third golfer, and introduced him rather formally as “Lord Templeman”, assuming that the golfer had been told his Christian name previously. However, as each of Templeman’s occasional good shots was welcomed with “Good shot, Lloyd”, it became apparent that the stranger had misheard the introduction. Templeman saw no reason to correct the mistake, and “Lloyd” he remained for the rest of the round. Taken to hospital earlier this year with heart problems, he passed row upon row of sophisticated machines and medical staff. “Nye Bevan would have been proud,” he said with characteristic succinctness.

Lord Templeman, MBE, PC, QC, a Lord of Appeal in Ordinary 1982-94, was born on March 3, 1920. He died on June 4, 2014, aged 94. He was the Master Treasurer of the Inn in 1987. Reproduced by the kind permission of The Times where this first appeared on 12 June 2014

“The manufacture of a five-pronged implement for manual digging results in a fork, even if the manufacturer, unfamiliar with the English language, insists that he intended to make – and has made – a spade.” at his speech at the dinner, Templeman said: “I now know what the last trumpet will sound like!” — a reference to I Corinthians xv, 52 in the King James Bible. Templeman married Margaret Rowles, whom he had met at the Arts Theatre in Cambridge, in 1946. They had two sons. One went into the church and the other into law: the Rev Peter Templeman is at Holy Trinity Church in Theale, near Reading, and Michael is a barrister in Guildford, Surrey. Margaret died in 1988, and in 1996 Templeman married a distant cousin, Sheila Edworthy, who died in 2008. He enjoyed all sports and, for years, took the family on skiing holidays to Austria, but gave it up at the age of 40 because his wife feared that an accident might endanger his legal career. Instead he took up golf — on the mistaken assumption that, having taken silk, he would have more leisure time — and then took the family on annual golfing holidays to Portugal, playing off a handicap of 24. He was also a keen

Obituaries

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Obituaries:

Dame Florence Baron QC First female head of her chambers and who represented Prince Charles in his divorce. As a barrister specialising in matrimonial finance Florence Baron, QC, acted for everyone from dustmen to pop stars and princes. She was well versed in popular culture and would peruse Hello! magazine — her favourite reading matter — anticipating her next clients from the glossy weddings on its pages. She was famously discreet about the names of her clients — and even her husband did not know she was acting for the Prince of Wales in the mid 1990s, over his divorce from the Princess of Wales, until the case hit the headlines. All Baron ever said about her handling of the settlement was that she met Prince Charles twice during the proceedings.

Earl Spencer in Cape Town in 1997. When Baron flew to South Africa to act for her, the headline in the Evening Standard diary read: “Charlie's angel flies down to Victoria's aid”. Her flair for untangling the sometimes labyrinthine complexities of people’s finances in divorce cases led to her becoming one of the most efficient judges in the Family Division of the High Court. This was the pinnacle of a career in which she broke new ground as the first female head of chambers of Queen Elizabeth Building, a leading family law set of chambers in Middle Temple. She was appointed a High Court judge in 2004, and throughout her nine years on the Bench showed a flair for the

“As a barrister specialising in matrimonial finance Florence Baron, QC, acted for everyone from dustmen to pop stars and princes.” Fiona Shackleton, the Prince of Wales’s solicitor, instructed her as junior counsel to represent the Prince over the settlement. Baron, who had only just taken silk, wrote the “nuts and bolts” of the legal opinion and impressed Shackleton with her attention to detail. Shackleton accompanied her to Highgrove on the train to meet Prince Charles for the first time. “All the way down she was saying that she would not curtsey to him — it wasn’t in her nature to do that — then when he came in the room she performed the biggest curtsey anyone had ever seen,” Shackleton (now Baroness Shackleton of Belgravia) said. The marriage was finally dissolved in August 1996, with the Princess receiving a settlement worth between £15 million and £17 million and losing the title of Her Royal Highness. After the case the Prince sent Baron a personal letter of thanks as well as a leather-framed, signed colour photograph of himself. Baron also advised the Countess Spencer — the former fashion model Victoria Lockwood — when she was divorced by

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diverse work that a family division judge has to undertake. Before that she was head of her chambers for three years, remarking on her appointment in 2000 with typical wit: “It was either me or the teaboy, and they thought it more important he retain his post.” Away from cases involving highprofile clients, one of her proudest moments was the landmark case of Cowan and Cowan of May 2001, in which the former wife of a man who had amassed a fortune of nearly £12 million making plastic binliners won her claim for a share that approached half his assets. Jacqueline Cowan, 61, had already been awarded a lump sum of nearly £1.8 millon together with the couple’s properties in Britain and Florida. Three appeal court judges ruled that she was entitled to another £1.25 million, or 38 per cent. Baron was called to the Bar in 1976, at a time when women still found it difficult to advance beyond pupillage. Her career as a junior barrister and later as a QC was shaped by Edward Cazalet, later a High Court judge in the Family Division, with


Picture courtesy of the Jersey Evening Post

whom she spent a year as a pupil at Queen Elizabeth Building in 1976-77. Cazalet’s practice was mainly matrimonial finance and Baron quickly displayed a flair for the subject matter. For his part, Cazalet recognised that not only was she the smallest barrister he had ever seen seen — she was 5ft 3in — but that her intellect, appetite for work, vision and mischievous sense of humour set her apart. “She always said that she had great success against taller opponents because they would never see a good point when it came from below their knees,” her husband, the barrister John Tonna, said. After pupillage she was taken on as a tenant at Queen Elizabeth Building, and went on to take silk in 1995. Her skill was borne of a combination of acute intellect, utter honesty and common sense, an understanding of how money “worked” — and how it could, temporarily, be hidden — insatiable curiosity and an innate appreciation of what made individuals “tick”, which made her a devastating crossexaminer. Her strength, though, was in achieving reasonable resolution rather than prolonged conflict. “There should be life after divorce”, she often said. She also played a key role in upgrading her chambers to meet the needs of the modern market place, encouraging

younger tenants and boosting the numbers of women: there are now more than a dozen at Queen Elizabeth Building. Florence Jacqueline Baron was born in 1952. Her father, José, was an electrical engineer and had been involved in the design of the D-Day landing craft. At the age of 2 she moved with her parents to Rhodesia (now Zimbabwe), returning, aged 8, to London, where she was educated at the Arts Educational Schools. She could claim to have been the only High Court judge to have appeared in TV adverts in the 1960s — to promote Wall›s sausages. She loved ballet and, but for her father›s decision to move to Jersey, would probably have danced the role of Clara at the English National Ballet›s Nutcracker. She continued her education at Jersey College for Girls and then at St Hugh's College, Oxford; she read PPE, changing to law after a year. She was elected a Bencher of Middle Temple in 2002, and was a Deputy High Court Judge from 2000 to 2003. Her subsequent appointment to the High Court Bench seemed inevitable. Despite the fact that she was unmarried and had little direct experience of children, she was considered a safe pair of hands in dealing with the endless cases concerning the future of children, in both private and public law, which were the daily fare of the Family Division. She had an infectious giggle, and a marvellous sense of humour and of the ridiculous. When in 2004 she became the sixth member of Queen Elizabeth Building to be a current High Court judge, it was suggested that a photo be taken to mark the fact. Baron arranged for the six judges, in full robes and carrying wigs, to line up and raise a bestockinged chorus-line leg on the steps of the Royal Courts of Justice. She was appointed DBE in 2004 and that same year “discovered” Barbados; she soon bought a home there, creating a tropical garden out of her car park. Baron is survived by her husband, whom she met at Oxford. They had been together since 1974 and married in 2013, shortly after Baron’s diagnosis with terminal cancer.

Dame Florence Baron, QC, barrister and judge, was born on October 7, 1952. She died on December 9, 2013, aged 61. She was the only High Court Judge to have been in adverts for sausages.

Reproduced by the kind permission of The Times where this first appeared on 13 February 2014

In Memoriam Dr Edward Livingston d. 06/10/2013 Mr Gianni Sonvico d. 25/10/2013 Mr Deiniol Cellan-Jones d. 01/11/2013 Flight Lieutenant Paul Connell d. 13/11/2013 Mr Anthony Missen d. 21/12/2013 Master David Braham d. 27/12/2013 Lady Elizabeth Roskill d. 09/01/2014



Mr William Lanigan d. 12/01/2014 His Honour Gordon Rice d. 19/01/2014 Miss Yvette Bude d. 29/01/2014 Mrs Mary Thomas d. 30/05/2014 Mr Muhammad Hussain d. 20/06/2014 Master Alan Rawley d. 26/08/2014

Obituaries/In Memoriam

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Staff News New Starters The Inn warmly welcomes the following members of staff who have started their career with the Middle Temple in the last year.

Nargees Choudhury, Education Assistant

Darren Latty, Food Services Manager

Nargees joined the Education Department in October 2013. Prior to that she was studying the BPTC, and was Called to the Bar on 28 November 2013.

Darren joined us in May 2014 as the Food Services Manager, focusing on day time Hall lunch service.   Darren has worked in the catering industry for over 15 years delivering a customer experience driven by fresh food and a fully engaged front of house staff.  

Kris Bethune, Interim Head of Catering and Events Kris joined the Inn in September 2013, initially as the Interim Executive Chef. His catering experience is from many different sectors of the industry from Michelin - starred restaurants and hotels, to managing prestigious blue chip business and industry sites.

Tessa Clingham, Chef de Partie

Oliver Muncey, Bench Events Co-ordinator

Louise James, Cataloguer

Oliver joined Middle Temple in March 2014 having spent 3 years organising events in the Lifescience, Healthcare and Biotech sectors at the National Trade Association and Europe’s largest related membership organisation.

Dimpy Sanganee, Administrative Assistant Dimpy joined the Treasury office in May 2014. She graduated from King’s College London in 2013, where she read Geography. In her spare time she likes to socialise, explore and gain new experiences.

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Tessa joined in July 2014, following a previous role in a Mitchelin-starred restaurant. She enjoys creating food and menu ideas and outdoor activities.

Louise worked for three years in the University of Essex library before joining the Inn in July 2014. She is originally from Leicester.

Suzanne Traue, Training and Development Librarian Prior to joining the Inn in August 2014, Suzanne was a law librarian at UCL. Before that she was the Library Services Manager at the Treasury Solicitor’s Department. In her spare time she teaches Tai Chi at the YMCA.


Catherine Whayman, Administrative Assistant

Tom Lane, Assistant Gardener Tom joined Middle Temple on a temporary basis in June 2014 and became a permanent member of staff in August 2014. He is from the South West and he enjoys music, being creative and being outdoors.

Catherine joined the Education Department in August 2014. Prior to that she worked at the BMA as an office co-ordinator. She graduated from the University of Portsmouth in 2012.

Leavers and Retirements Hilary joined the Inn in 2000 as Parliamentary Publications and Ecclesiastical Law Librarian. She excelled in both and went on to précis the Consistory Court judgments for the Ecclesiastical Law Society which earned her their praise and gratitude. So much so that she was guest of honour at one of their functions and at another, she got to share a bowl of crisps with the Archbishop of Canterbury. Hilary went on to take over purchasing for and maintenance of the UK law collection which she managed alongside Ecclesiastical Law all in the three days a week she worked. However, Hilary was happiest answering queries on the enquiry desk for which she amassed a substantial legal knowledge and many grateful members. Hilary and Julian will both be very much missed by the library and the Inn for their expertise, personalities and great sense of fun. They will be a very hard act to follow. Vanessa Hayward Keeper of the Library Hilary and Julian enjoying a farewell drink

Hilary Woodard and Julian Reckert, Library (Retirement) Hilary and Julian were both members of the library team and between them notched up an impressive 36 years’ service, (Julian 22 years and Hilary 14 years). Julian came as our Systems Librarian when we had only one computer terminal in the library which meant staff had to get up from the enquiry desk and rush across the library to look up a book on the catalogue. He supervised the installation of the first set of networked pcs and held the system together, sometimes by hand (I jest not) when it frequently fell down. However as the hardware and software improved, Julian found he had time to take on the cataloguing in addition to his systems work. Before he retired, Julian recently oversaw the installation of the new catalogue which will allow members a much more flexible way of searching for material. Always smartly dressed with an amazing array of ties, Julian’s easy going popularity has guaranteed him a welldeserved place in the annals of the Inn.



Barry Homer, Head Porter (Retirement) Please see Barry’s article on his time at the Inn on p. 56

Stacey Brown, Education Department After eight years with the Inn, Stacey Brown left in June to work her magic in course-organising with another employer. Anyone who has either attended or taught on one of our advocacy courses will remember her as the person who made it all work. We wish her well for her future career. Maria Turner, Events Department Maria joined the Inn as a casual waitress in 2003 and moved on to become the cashier in Hall shortly thereafter. As the cashier in Hall anyone who has lunched in Hall in the past decade will, at some stage, have encountered Maria. We wish her well for her future career.

Staff News

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Middle Temple Events Calendar 2014/15 1 October 2014

Michaelmas Term Begins

17 February 2015

Readers Feast

9 October 2014

Call Day

26 February 2015

Private Guest Night

13 October 2014

Guest Lecture

2 March 2015

Music Night (Ji Liu) after dinner

16 October 2014

Private Guest Night

12 March 2015

Call Day

21 October 2014

Moot Final after dinner

15 March 2015

Sunday Lunch

23 October 2014

Grand Day

16 March 2015

Guest Lecture

28 October 2014

All Inn Dining

1 April 2015

Hilary Term Ends

3 November 2014

Guest Lecture

2 April 2015

Hall Closes after Lunch

6 November 2014  Music Night (Sitkovetsky Trio) after dinner

13 April 2015

Hall Re-opens for Lunch

13 November 2014

Private Guest Night

14 April 2015

Easter Term Begins

19 November 2014

Reader’s Feast

14 April 2015

Bench Call

22 November 2014

CPD Day

16 April 2015

Annual Dinner

22 November 2014

Circuit Dinner

22 April 2015  Music Night (Helen Sherman

25 November 2014

Bench Call

25 November 2014

Temple Church Christmas Fair

in Inner Temple

27 November 2014

Call Day

10 December 2014

Christmas Lunch I

11 December 2014

Christmas Lunch II

and Sam Armstrong) 14 May 2015  Dinner to celebrate the London Charter 1215 (Joint with Inner Temple and City of London) 22 May 2015 Easter Term Ends - Hall Closes after Lunch

11 December 2014 Revels 12 December 2014 Revels

1 June 2015

Hall Re-opens for Lunch

14 December 2014

Carol Service Lunch

2 June 2015

Trinity Term Begins

17 December 2014

Christmas Lunch III

9 June 2015

Moot Semi-final after dinner

15 June 2015

Sunday Lunch (tbc)

17 June 2015

BACFI/Employed Garden Party

19 December 2014 Michaelmas Term Ends - Hall Closes after Lunch

22 June 2015

Moot Semi-final after dinner

5 January 2015

Hall re-opens for Lunch

25 June 2015

Private Guest Night

12 January 2015

Hilary Term Begins

29 June 2015  Music Night (Southbank Sinfonia)

20 January 2015

All Inn Dining

21 January 2015

Reception for Committee Members

7 July 2015

Middle Temple Garden Party

24 January 2015

Burns’ Night

14 July 2015

All Inn Dining

9 February 2015

Academics’ Dinner

16 July 2015

Private Guest Night

10 February 2015

Honorary Bench Call

21 July 2015

Bench Call

23 July 2015

Call Day

13 February 2015  Music Night (Callum au Big Band) after dinner 14 February 2015

Ordinary Dining Night

15 February 2015

Sunday Lunch

16 February 2015

Guest Lecture

after dinner

31 July 2015 Trinity Term Ends – Hall closes after Lunch

Events in bold are Qualifying Sessions. Barrister and student members can book tickets through the Treasury Office on 020 7427 4800. Masters of the Bench can book with Oliver Muncey on Benchers@middletemple.org.uk or 020 7427 4804. Events and dates may change. All event information, including timings, cost and specific booking information is on our website www.middletemple.org.uk.

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Middle Temple Events Calendar 2014/15


Treasurer: The Rt Hon The Lord Judge Deputy Treasurer: Stephen Hockman QC Lent Reader: Stephen Lloyd Esq Autumn Reader: Her Honour Judge Isobel Plumstead Editorial Consultant: Adam Speker Editor: Colin Davidson Assistant Editors: Amy Mason Dimpy Sanganee Photographs: Chris Christodoulou John Darley And the Inn’s own Design: Nrinder Dhillon at John Good Ltd Printed by: John Good Ltd, Progress Way, Binley, Coventry, CV3 2NT Advertising: John Good Ltd, Progress Way, Binley, Coventry, CV3 2NT Front Cover Photo: The Cupola Middle Temple Hall by John Darley Contacts: General Enquiries The Treasury Office Ashley Building Middle Temple Lane London EC4Y 9BT T: 020 7427 4800 F: 020 7427 4801 E: members@middletemple.org.uk W: www.middletemple.org.uk Estates T: 020 7427 4840 E: estates@middltetemple.org.uk Events T: 020 7427 4820 E: events@middletemple.org.uk Finance T: 020 7427 4800 E: finance@middletemple.org.uk Library T: 020 7427 4830 E: library@middletemple.org.uk Security (24 Hours) T: 020 7797 7768 E: security@middletemple.org.uk Temple Church T: 020 7353 8559 E: catherine@templechurch.com

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The Middle Templar Issue 54 Michaelmas 2014

Profile for Middle Temple

Middle Templar Issue 54 Michaelmas 2014  

A very warm welcome to the 2014 edition of The Middle Templar, my first such edition since succeeding Catherine Quinn as Under Treasurer at...

Middle Templar Issue 54 Michaelmas 2014  

A very warm welcome to the 2014 edition of The Middle Templar, my first such edition since succeeding Catherine Quinn as Under Treasurer at...

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