The Middle Templar Magazine 2020 by Middle Temple

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ISSUE 60 2020

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TREASURER The Rt Hon. Sir Brian Leveson

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DEPUTY TREASURER Andrew Hochhauser QC LENT READER Sir Christopher Greenwood GBE CMG QC

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2020 Middle Templar

Contents 4 Under Treasurers’ Forewords Guy Perricone and Mrs Victoria Wallace, DL

38 Amity Visit to Canada Master David Bean

6 From the Treasurer Master Brian Leveson

40 Reflections on a Declaration of Friendship Scott Maidment 42 Business as Usual at the European Court of Justice Pending Brexit Georgina Rea

8 BAME and the Bar Merlene George

44 Cross Border Practice in Europe and Brexit Master Hugh Mercer

9 Black Lives Matter Emma Hughes

45 Mind the Gap: The General Adjourned Period and the Coronavirus Pandemic in Hong Kong Catrina Lam and Cordelia Yeung

10 Racial Equality, Inclusion and Anti-Racism Working Group

46 Access to Justice during the Coronavirus Pandemic: The Malaysian Experience Justice Nallini Pathmanathan

11 Equality and Diversity at the Bar Council Sam Mercer 12 Speech at the Inauguration of the Middle Temple LGBTQ+ Forum Simon Rowbotham

48 The Mauritius Middle Temple Association (MMTA) Ibrahim Deeljoor 48 Legal Life in Singapore in Light of the Pandemic Meiyen Tan 49 An Increased Use of Technology in Gibraltar's Legal System Aidan Cleverly

15 The Spanish Influenza Pandemic Victoria Hildreth 16 A Potted History of the Office of the Under Treasurer Barnaby Bryan

50 Working in the Seychelles Steven Powles QC

18 Readers of the Temple: From the 16th to the 19th Century Master Mark Hatcher

51 Circuit Societies

21 A Personal Collection of 15th Century Documents Master Igor Judge

54 Celebrating a Century of Women in Law Baroness Brenda Hale

25 Lord Carson of Duncairn: Barrister, Statesman and Judge Master Timothy Saloman

56 100 Years Since Helena Normanton's First Qualifying Session Camila Ferraro

28 Unshaken & Unshakeable Master John Mitchell 30 The Ceremonial Plate of the Middle Temple Master John Leslie 31 Justiciability – A Forgotten Saga Master David Blunt

34 Book Review: The Postcard Murder: A Judge's Tale by His Honour Paul Worsley QC Master Peter Murphy

37 Book Review: Equal Justice by Frederick Wilmot-Smith Master John Dyson

58 The Rule of Law Under Attack Salmaan Hassanally 60 Créme de la Créme Climbing Rose Master Rosalind Wright

33 Book Review: Simon Brown's Memoirs by the The Rt Hon The Lord Brown Master Andrew Longmore

36 Book Review: Court Number One: The Old Bailey Trials that Defined Modern Britain by Thomas Grant Master Andrew Edis

57 MTYBA & MTSA International Women's Day Emma Hughes

61 MTYBA Dark Waters Event Hayley Blundell

62 Education Update 63 Mooting Trip to Cherokee Thomas Saunders & Thomas Mallon 66 Mock Pupillage Interviews 68 Volunteering at Call Day Master Elaine Banton 70 Outreach Richard Frost 71 Sherrard Conversations Laurence Harris

2020 Middle Templar

72 Advocacy at the Inn

109 Temple Church Choir Summer Review Roger Sayer

74 Five Perspectives on Sponsorship 76 The Role of an Inn of Court Christa Richmond

110 Temple Church During Lockdown Master Robin Griffith-Jones

77 Qualifying Sessions Aisha Rehman

112 Valedictory: The Rt Hon. Lord Carnwath Master Robert Carnwath

78 My Journey to the Bar and Becoming the First Kurdish Iraqi Barrister Zerian Karim

114 Behind the Lens Chris Christodoulou

79 Turning the Tide against Corruption in the Congo Gabrielle Compton

117 What Have the Bar Council and the Inn Ever Done for Me? Master Louise McCullough

80 Troubled Journeys on the Path to Justice Joshua Jackson

118 Survive and Thrive Programme Michael Harwood

81 The ICCA Bar Course Lynda Gibbs QC (Hon)

118 Ashley Building Common Room Ian Garwood

82 The Inns of Court Camila Ferraro

119 Temple Residents' Association Master Fergus Randolph

83 In the Shoes of an Out of London Student Rachel Ker Chi Ng

120 The COIC Pupillage Matched Funded Scheme 121 Hall Committee Karen Reid

84 Student Life at the Inn Rachael Pope

122 Middle Temple Young Barristers' Association Michael Polak

85 Donâ&#x20AC;&#x2122;t Let Commercial Awareness be a Bar to Success Connor Boland

124 Middle Temple Students' Association Camila Ferraro

86 How Middle Temple Helped Me Amy Hutchings

125 New Masters of the Bench 2019-20 128 New Staff and Leavers

87 Scholarships Awarded 2020

130 Obituaries and In Memoriam

88 Confronting the Challenges Presented by the Covid-19 Pandemic Master Andrew Hochhauser

141 Temple Church Special Services

90 A Day in the Country in Lockdown Master Paul Worsley

143 Temple Church Weddings 144 Middle Temple Calendar

92 Impeachment of a U.S. President Master James Silkenat 94 Levelling the Playing Field Master Graeme Mew 96 You have the Right to Remain Unidentified Adam Speker QC 98 The Divorce Blame Game is Nearly Over Sophie Kay 100 Talk to Spot Rachel Krys

101 Becoming a Barrister 104 Autumn Reader's Feast: Current Challenges in the Criminal Justice System Master Usha Karu 106 Lent Readerâ&#x20AC;&#x2122;s Feast: The Highways, Byways and Blind Alleys of International Law Master Christopher Greenwood

2020 Middle Templar

OUTGOING UNDER TREASURER

A Foreword by the Outgoing Under Treasurer Guy Perricone A very warm welcome to this year’s edition of The Middle Templar. Each year, when I have begun to write this Foreword, I have reflected on how extraordinary the previous 12 months have been. There truly is never a ‘normal’ year at the Middle Temple. However, on this occasion, it is no exaggeration to say that the last few months have been the most extraordinary not just for our Inn, but for the country and indeed for the world. The Covid-19 outbreak has affected us all in ways no one could have possibly anticipated. And so, I am writing this Foreword not, as usual, from my desk at the Inn, but from my home in West Sussex, where I have been based since the Inn shut down in mid-March. At that time, I thought we would be back in action reasonably quickly, but as the weeks have progressed it has become clear that we are in this for the long haul. ‘When the going gets tough, the tough get going’ – we are all aware of that old saying, and, with those words in mind, I would like to pay tribute to the way in which colleagues and supporters have responded to this crisis. They were required to close down our operations with very little notice. After the initial shock, they have worked hard to develop an effective modus operandi for the Inn during this challenging and unpredictable period, to ensure that we can continue to support our members. We have been able to migrate many of our education, training and membership activities online – so successfully, that we can already see that there will be many lessons learnt from this period which will continue after the crisis, and which will better enable us to fulfil our primary strategic objective of supporting our members throughout their professional careers. In this regard, I would also like to pay tribute to our Treasurer, Master Brian Leveson, who, I suggest, has been handed the most challenging responsibility of any Treasurer in recent years; leading the Inn through this extraordinary time. We have been acutely aware from the beginning of the crisis that it would cause real financial hardship for many of our members. We have been working closely with the other Inn’s and other parties, such as the Bar Council, to do what we can to relieve some of the pressures being felt by the profession. Despite the perception held by some, our resources are not limitless, but we are providing support

directly through our own hardship fund and through channels such as the Barristers’ Benevolent Association. We are under no illusion that this is an existential crisis for many in the profession. We will continue to do our best to support the Bar through these extremely challenging times, while also trying to safeguard the interests of future barristers. On a personal level, the current predicament is all the more surreal for me, as by the time you read this I will have stepped down as Under Treasurer, and handed over to my successor, Victoria Wallace. When I informed the Inn of my decision at the beginning of this year, I could have hardly imagined that my final days would play out in the way they have. I am sorry not to be able to hand over to Victoria as we had planned but I would like to offer her my very best wishes in her new role. I have no doubt that she will excel and enjoy it immensely. Even if I am now only part of the Inn’s history, I must end by expressing my enormous thanks to the Middle Temple for giving me the opportunity to serve as Under Treasurer since 2013. It has been a huge privilege and pleasure to do so. By far the most enjoyable aspect of the role has been working with such a varied and wonderful range of people: Benchers, members, students and, of course, my colleagues. I have been so fortunate to work with nine exceptional Treasurers in Masters Symons, Judge, Hockman, Clarke, Dyson, Jenkins, Wilmot-Smith, Bean and Leveson. It has been a pleasure to work with each of them and I am very grateful for all their support. Finally, I cannot leave without offering my sincerest thanks to my colleagues – to my fellow directors Ian Garwood, Colin Davidson, Christa Richmond and Andrew Hopkin, and to each and every member of the team. It may sound trite to say that we are a family but there is a very special ethos and atmosphere in the Middle Temple which really is unique. This has been such a rewarding aspect of my time here and I am immensely grateful to all my colleagues for their support over the years. It only remains for me to thank you all once again for allowing me this great privilege and to wish you, and the Middle Temple, every success in the future.

2020 Middle Templar

INCOMING UNDER TREASURER

A Foreword by the Incoming Under Treasurer Mrs Victoria Wallace, DL

I am delighted to have joined the Inn as its new Under Treasurer. But at this strange time, after months of working from home, I hope there will be slightly more to it than just coming downstairs and lifting the lid of a different laptop. The job I have taken on is rather different to the one advertised back in February. The way I will have to learn the ropes will be very different. I had hoped to be able to meet as many people as possible and talk to them; I would have assumed that would be over lunch in Hall, or perhaps in the garden. Instead, for a while, I will have to do that via Zoom, but I still hope to hear as much as I can about everyone’s priorities, both for the hoped-for immediate return to work and for the longer term. The Inn has endured plague, fire, the Blitz, and still risen again. I am looking forward to being part of the new resurgence, dealing with a new normal that few wise people would care to predict right now. I hope what I will bring now is flexibility, resilience, empathy and enthusiasm. Sadly, unlike John Bayliff, who served as Under Treasurer during the Civil War, I will not be able to bankroll it, even if you did repay me through the sale of the silver. I suppose if we were meeting over lunch, I would tell you a bit about myself. As a keen linguist I studied English and French Laws at Exeter University, and found I was not very good at either. So, I joined the Foreign & Commonwealth Office (FCO). After postings in Thailand (spending a lot of time in court, bailing out distressed Brits) and Tanzania, where I met my husband, I found my true vocation – managing things. I discovered that managing the money brought me far more power than evolving the policy. It was interesting to work out how to maintain a little palazzo in Venice, a gothic monster of a consulate in Istanbul, and build a new embassy in Moscow (with as little ‘help’ from the local authorities as possible). With those new skills, I abandoned the FCO and became one of the first non-legally qualified Justices’ Chief Executives for the new Sussex Magistrates Courts area; merging East and West, culling clerks, cutting courtrooms, and battling with the benches. It was a miserable but formative experience. Despite the horrors of annual cuts and endless ‘government by initiative’, I think we did improve the experience for victims and witnesses,

and I learned how hard it is for both prosecutors and defence to progress cases, with lamentable rates of pay for the work. As yet more restructuring of the courts was announced, I made the move to become CEO of Leeds Castle in Kent. It is a stunning place, but it is an unsubsidised charity, with no endowment. I learned about generating income; maintaining crumbling medieval stonework; about the value of brand and quality; and I had a marvellous ten years, running everything from full metal jousts to the Northern Ireland Peace Talks. In 2014 I moved to the Commonwealth War Graves Commission; a rare opportunity to work to make commemoration of our war dead more accessible to new generations during the centenary of the First World War, and start a massive conservation programme for the 4,500 built structures, cemeteries and memorials, around the world, many designed by the same architect, Sir Edward Maufe, as the Middle Temple’s newer buildings. I look forward to joining the community of the Middle Temple and finding ways to support members of the profession from their first steps in training, right through their careers, as they come to lead the Benchers and life at the Inn. The staff who have worked through the crisis have done a magnificent job at pivoting to working remotely, except for the few security personnel and Kate the gardener who have cared for the Inn in our absence, and the library team under Renae who have created a virtual service and prepared for the Ashley Building development. The HR, Membership and Finance teams have kept the show on the road; the Education team have found great new ways to engage through technology; and the Estates team responded to the needs of tenants, kept us safe, and got on with project work. Over half of the staff have contributed by agreeing to be furloughed, which has helped conserve the Inn’s resources. Each one has risen to the demands of this extraordinary situation and are all now keen to get back to work. Despite the challenges of social distancing, I hope we will be able to return to something which offers the same experience as has been enjoyed by members of the Bar for so many centuries.

2020 Middle Templar

MASTER TREASURER

From the Treasurer The Rt Hon. Sir Brian Leveson When I had the honour to be elected Treasurer of an institution of which I had been a member for over 50 years, I felt real pride and looked forward to a year that I could use to advance the support and guidance that we provide for students. I also wanted to increase engagement with members, many of whom may not have been in the Inn since their Call to the Bar, and to encourage Masters of the Bench to do more. All this would be on top of pursuing the plans of my predecessors – support for the ICCA course (which has been so successful in causing a general reduction from all commercial providers in the cost of qualification for the Bar), the Ashley Building project, the Paul Jenkins Scholarship and many more. A number of former Treasurers told me how this would be a ‘fun’ year – the ceremonial, the events and all that makes the Middle Temple such a vibrant institution. The prospect certainly appeared very exciting. The first few weeks fulfilled every expectation: the Normanton Dinner, Master Greenwood’s Reader’s Feast, the lecture by Sir Andrew Parker, then Director General of the Security Service, were superb. I cannot, however, pretend that the words ‘fun’ or ‘exciting’ describe the weeks that followed. I have certainly contributed to the Archives of the Inn because there have been a large number of ‘firsts’. The first virtual Cumberland Lodge (along with virtual advocacy training delivering every single qualifying session that our students required). The first virtual Parliament (attended by a record number of Masters of the Bench, including a number joining from overseas); the first virtual Bench Call of eight recently elected Benchers, two of whom were called without having to travel to the UK to be ‘Benched’. The first virtual Call to the Bar: a very small number consequent upon the delay to what I called Bar Finals. Committee meetings of every type conducted over StarLeaf have been the only way forward and I have no doubt that, for the future, at least some ‘virtual’ attendance will become the norm: for those not practising at a court near the Temple, attending a meeting has been impossible except by telephone (always unsatisfactory). It is now not only possible but entirely straightforward. Meanwhile, the Inn has had to deal with many other problems. The challenges facing the Bar (particularly the publicly funded Bar) cannot be overstated; they are potentially disastrous. The Deputy Treasurer, Master Andrew Hochhauser, has described the way in which we have tried to deal with the issues which fell to be addressed. But the short and medium-term planning merely sets the background to the long-term issues not only facing the Bar but also, as a consequence, the Inn. It is entirely realistic that many chambers will seek to learn from the enforced practice of working from home and reconsider the extent to which they need the rooms they presently occupy in the Temple. Yet the Inn depends on its rental income to support its education, its students and

its premises. In addition, the Bar and the Inn have to help those who intended to practise but whose pupillages and careers are now threatened by the consequences of the collapse of all but a very few areas of work. These are the problems that we will continue to face. Quite apart from the pandemic, the Inn has had to face a different challenge. Shortly after I started Guy Perricone, our then Under Treasurer, told me of his intention to retire. For over seven years he has demonstrated unremitting dedication and deep affection for the Inn. He has solved problems before they have become apparent and worked behind the scenes with the interests of the Inn at the heart of all that he has done. Throughout the pandemic, he has continued to do just that. I add that we have not said ‘goodbye’ to Guy. I am delighted to report that at the final Parliament which he attended he was elected an Honorary Bencher. I hope that we will continue to see a good deal of him. Meanwhile, however, we have had to undertake the task of finding someone to take his place. Some said it would have to wait for the pandemic to be over so that we could interview face to face. In fact, we carried on. Over a period of eight days, entirely virtually, the short-listed candidates met and conversed with the four directors, they each chaired a staff committee discussing a challenge to the Inn made up for the purpose. All the candidates had one-to-one meetings with me and, finally, they faced an interviewing panel which included an outsider with experience of running a substantial institution. The Inn is

2020 Middle Templar

delighted to welcome Mrs Victoria Wallace, DL, who was previously the Chief Executive at Leeds Castle and then Director General at the War Graves Commission. She and Guy ‘doubled up’ for a week and she has been at the helm since Monday 13 July 2020. She is already bringing her experience to bear on the Inn’s affairs and we wish her well. Looking back over past Treasurers’ columns, much has been said of the enormous effort made by all who work for the Inn. This year, I would like to underline how much we depend on all the staff, but I hope it will not be taken amiss if I mention by name the four directors, in order of their length of service to the Inn. The Director of Estates, Ian Garwood, has been with the Inn for an incredible 41 years. Guiding the Inn this year through rent reviews and then dealing with the pandemic has underlined how well respected by all with whom he has to deal. Colin Davidson, Director of Membership and Development, took on Events again on an interim basis, just as the Inn effectively closed for business. He has been employed by the Inn for 32 years and, among other things, edits this magazine. The Director of Education, Christa Richmond started some 25 years ago and, following lockdown, has overseen the delivery of our education programme and all scholarship and other

interviews online. Finally, the Director of Finance, Andrew Hopkin, has been with the Inn for 23 years. He has had the unenviable task of visiting and revisiting our financial position and budget as events have unfolded in almost real time. Over 120 years of service to the Inn is a truly remarkable testament to four remarkable people. We owe them a great deal and we owe them (along with the entire staff of the Inn) our thanks. I conclude by returning to the difficulties that we have faced this year. Quite apart from the pandemic and its consequences, there has been the need appropriately to respond to the Black Lives Matter movement and other world events. I would like to thank the Deputy Treasurer (Master Andrew Hochhauser), the Deputy Treasurer Elect (Master Maura McGowan), the Chairs of the Committees and their members, all of whom have helped to address the challenges of the year. I would also like to thank all who have given so readily of their time to assist with education and interviews remotely thereby ensuring that we do our best for our students and minimise the disadvantages that they suffer as a consequence of the necessary restrictions imposed upon us.

2020 Middle Templar

BAME AND THE BAR

MERLENE GEORGE

BAME and the Bar Merlene George was Called to the Bar in 2018 and currently works as a self-employed Court Advocate, whilst seeking pupillage. She is the MTYBA Communications Officer and also serves as an Elected Member on the Hall Committee.

Core Duty 6: You must keep the affairs of each client confidential. Core Duty 7: You must provide a competent standard of work and service to each client. Core Duty 8: You must not discriminate unlawfully against any person. Core Duty 9: You must be open and co-operative with your regulators.

This is an article written in light of the recent victim of police brutality, George Floyd who died on Monday 25 May 2020 after Derek Chauvin placed his left knee between Mr Floyd’s neck and head for seven minutes and 46 seconds. In the viral video footage, Mr Floyd was heard begging ‘I can’t breathe’ numerous times. Three days following Mr Floyd’s death, there was a recorded number of 8.8 million uses of the #BlackLivesMatter hashtag, igniting a global pursuit for justice. What can we do? 1. Educate ourselves; 2. Accept change is required; 3. Actively participate in initiatives for change.

Black Lives Matter (BLM), the Core Duties do not prevent you from supporting black peoples’ lives. The BLM movement is a frantic call for recognition that a black person’s – a human being’s – life matters. The reality that a person’s race and colour is the reason for discrimination. The uncomfortable truth; society has continued to fail black people to the extent that lives have been taken away. Supporting the BLM Movement does not compromise your independence or diminish the trust and confidence the public places in you or the profession. BAME

The Bar Council logo states ‘Justice for All’ Barristers play a vital role in supporting the principles of justice, the rule of law and enable people to uphold their legal rights. We are advocates with skills such as persuasiveness, intelligence and determination, which we should use to advocate against racism – a necessity in our current society. Master Amanda Pinto, Chair of the Bar Council, recently said: At the Bar Council, we realise we have not been doing enough to encourage and support black barristers. More can and must be done to become a stronger and more inclusive Bar. If we do not address this, we will fail to attract and retain those talented people who help to represent the whole society we serve.

The Bar Standards Board (BSB) Worried about supporting the Black Lives Matter movement as a barrister? Afraid to be seen as not maintaining your independence by taking a ‘political’ stance? Here’s a reminder of the ten Core Duties regulated by the BSB: Core Duty 1: You must observe your duty to the court in the administration of justice. Core Duty 2: You must act in the best interests of each client.

‘BAME’ stands for Black, Asian and Minority Ethnic. Before the BLM movement I believed this term was sufficient. However, I recognise and accept there is a need for debate on whether this term is adequate. The BSB ‘appreciate that the term, and similar terms, are debated and that no single term is universally accepted’. Our experiences are different to each other; each ethnic group’s experiences of racism differs; each person’s experience of racism differs. One example that struck me was acknowledging that a young black boy is likely to get stopped and searched for very different reasons, when compared to a young Asian boy. There is a stark difference in the types of prejudices and biases faced by different ethnic groups. By grouping them together, we risk losing the ability to properly assess the problems and implement effective solutions to combat racism. The Government Stop and Search Ethnicity Facts and Figures, published on Thursday 19 March 2020 show that between April 2018 and March 2019: • There were 38 stop and searches for every 1,000 Black people compared to 4 for every 1,000 White people • However, there were only 11 stop and searches per 1,000 Asian people and 11 per 1,000 people with Mixed ethnicity. • There were a total of 375,588 stop and searches in England and Wales. Once again, what can we do?

Core Duty 3: You must act with honesty and integrity. Core Duty 4: You must maintain your independence. Core Duty 5: You must not behave in a way which is likely to diminish the trust and confidence which the public places in you or in the profession.

Core Duty 10: You must take reasonable steps to manage your practice, or carry out your role within your practice, competently and in such a way as to achieve compliance with your legal and regulatory obligations.

1. Educate ourselves by attending seminars and conducting wider reading; 2. Accept change is required by engaging in discussions and asking those uncomfortable questions; 3. Actively participate in initiatives for change by organising seminars and providing a platform for colleagues to voice solution-based schemes.

2020 Middle Templar

BLACK LIVES MATTER

EMMA HUGHES

Panel Discussion Emma Hughes is MTYBA’s Diversity & Inclusion Officer for 2020 and currently works at Miles & Partners Solicitors in the Public Family Law department. Middle Temple made the pursuit of a career at the Bar an attainable possibility by granting Emma a Jules Thorn Scholarship.

On Thursday 25 June 2020, the Middle Temple Students Association (MTSA) and Middle Temple Young Barristers Association (MTYBA) held a Black Lives Matter (BLM) Panel Discussion to show solidarity with the BLM Movement following the tragic death of George Floyd. We felt it was important to contribute to the narrative in the legal profession and discuss issues of racism, police brutality and racial profiling in light of the global protests. We invited an esteemed panel, including Master Elaine Banton, Courtenay Griffiths QC, Allison Munroe QC, Abimbola Johnson, Lola-Rose Avery, Aaron Mayers, and Ife Thompson, to discuss some of these profound issues and propose potential solutions. The Birth of the BLM Movement In 2013, 17 year-old Trayvon Martin was shot dead by a neighbourhood watch member, George Zimmerman; Martin had no criminal record. Zimmerman’s acquittal sparked widespread demonstrations and a national debate over racial profiling and the role of armed neighbourhood watches. We discussed the lack of education about black history and the benefits of making this a mandatory module on the British curriculum. To set the tone for the event, we held a minute’s silence to commemorate those who have tragically lost their lives in the UK and in the US, whilst in police custody, or due to racially motivated attacks. US We began by looking at issues and examples of racial discrimination in society through two stark examples. Firstly, the microaggressions surrounding the incident of Amy Cooper and Christian Cooper in Central Park on Monday 25 May 2020. This exemplified the weaponisation of a white woman’s tears and the term ‘Afro-American man threatening me’ used by Ms Cooper. What would footage of the circumstances that led to the brutal lynching of 14 year-old Emmet Till in Mississippi in 1955 have shown? The second was the murder of George Floyd, also on Monday 25 May 2020. Notably the officers in George Floyd’s case were not fired until the video went viral and were not charged of criminal offences until after protests. This urges the question, ‘what about all those historical incidents that may have been misconstrued by alleged “victims” in a time when smart phones didn’t exist?’. UK We examined the way in which black people are overrepresented in the criminal justice system but underrepresented at the Bar. For example, the disproportionate

number of black people stopped and searched in comparison to their white counterparts. We considered the concerning changes being proposed for the justice system; getting rid of trial by jury for either-way offences. Propositions such as this may have a detrimental effect on those who come into contact with the criminal justice system. The David Lammy Review found inequities in all different parts of our criminal justice system when it came to BAME defendants. Utilising our voices and registering our concerns with our members of parliament could counteract these proposals. BLM – why now? Lockdown has amplified the response from social media. BLM protests were declarations to eradicate and drive out systemic racism. Some responses have been reductive at best and performative at worst, using BLM as a marketing tool in some instances. Organisations deciding to put a logo for BLM on their Instagram or Twitter. It is fashionable now, but will it be in six months’ time? The challenge now turns to how we can translate those words into meaningful and lasting change. In order to achieve lasting sustainable change to make black lives better, the small elite who hold the reins of power must not be complacent with discriminatory systems which operate to oppress people and create an environment of tolerance. The Solutions At the Bar we see that BAME individuals are underrepresented at every level of the profession. Initiatives such as Bridging the Bar aspire to create a bridge between talented students from non-traditional backgrounds and the skills and experience necessary for a successful career at the Bar. Middle Temple’s Access to the Bar scheme also helps to facilitate social mobility. There are problematic trends which practitioners need to challenge going forward; for example, applications referring to multiple stop and searches, even though nothing has been found and there are no convictions. Inclusion and reliance on evidence of this nature in a criminal behaviour order application, gives the evidence validity without questioning the fact that the person has been targeted repeatedly. Calling out these demonstrations of racial profiling and wide sweeping assumptions of gang affiliation can create a higher level of accountability and enhance social justice. We can fall into the mentality that this is an intimidating and multi-faceted problem that is too big and complex to tackle. However, we would implore everyone to consider that in this problem lies an opportunity. The opportunity arises when we as individuals look to ourselves and the unique roles we each have to bring about the change that we want to see. We need to also use the power and influence we have at a grass roots level and as a collective well-resourced movement to bring about and demand the societal change so we can ensure we live in an environment where black lives really do matter.

2020 Middle Templar

RACIAL EQUALITY, INCLUSION AND ANTI-RACISM WORKING GROUP

Racial Equality, Inclusion and Anti-Racism Working Group On Monday 25 May 2020 a black man was killed whilst being arrested by a white police officer in Minneapolis. Ordinarily, that might not even have made the national American news, let alone world-wide circulation. His name was George Floyd and he had allegedly tendered a counterfeit $20 note. The last minutes of his life were filmed by members of the public and his cries of ‘I can’t breathe’ and calls for his mother, struck a note around the world. In the days and weeks that followed many protests were held. Statues fell but so did a sense of complacency.

Institutions were called upon to examine not just their history, which cannot be changed but their current attitudes which are capable of change. Middle Temple has prided itself, rightly, on its open welcome to all. Is that enough? Is the fact we are open to all sufficient to meet our responsibilities? What more can we do to examine our individual and collective attitude to race? Do we really treat all equally? Do we do enough to include those who do not automatically feel included? We have celebrated 100 years of women being members of the Inn and the profession. We should also celebrate the many long years, back to the 1840’s and possibly earlier, since we admitted our first black barrister. Examining our history will discover some very unpleasant historical facts, not just in the way black people have been treated but other minority groups too. Looking at the past is the easy bit; it will be harder and more painful to examine our current attitudes. The Treasurer has established a working group to survey the attitudes and experience of students and members of the Inn. The responses will inform what we need to do to learn and improve. Thank you to everyone who has already completed the survey. If you have any further feedback or ideas that you wish to feed into this research, please contact Richard Frost, the Inn’s Outreach Officer, at r.frost@middletemple.org.uk

Going to court alone is rarely a choice. We run free services and a national helpline where our volunteers signpost to legal advice, give practical assistance and emotional support to people going to court alone. Help us, donate to our cause and join a group of passionate people who share our vision of better access to justice for all. For more information about how you can get involved visit www.supportthroughcourt.org

2020 Middle Templar

EQUALITY AND DIVERSITY AT THE BAR COUNCIL

SAM MERCER

Equality and Diversity at the Bar Council Sam Mercer has run the Bar Council’s equality & diversity and social responsibility programmes for the last seven years. She is responsible for the design and delivery of support for the profession. This includes E&D training and good practice guidance, as well as the provision of direct advice and support to chambers and individuals.

This article is very different to one I might have written earlier this year. The Covid-19 pandemic has and continues to shift the landscape fundamentally. At the time of writing, predicting the position when you read this is impossible. I hope by the time this article goes to print we have greater clarity on how we manage the coming months and the issues we are grappling with today, many of which relate to equality and diversity at the Bar.

jeopardy. Others struggled to secure the court experience they needed to qualify and were apprehensive of reduced opportunities for tenancy. Some junior tenants, struggling with existing debt, did not have the reserves to ride out the storm. And it is not just juniors. Many across the Bar saw work dry up and diaries empty, struggled with childcare at home and encountered technical as well as wellbeing challenges resulting from too much (or too little) isolation.

Over the course of 2020, the Bar Council has been, and continues to, fight to protect the profession, alongside the Circuits, Specialist Bar Associations and of course, the Inns of Court. Priorities from an equality and diversity perspective in the initial stages of the public health crisis were around rapid impact assessments, ensuring Government measures supported those within our profession in greatest need and that no one was left behind. Many across the self-employed Bar and those running chambers have faced stark choices, whilst those in employment faced different challenges, but equally uncertain futures. Those who were in more vulnerable positions prior to the crisis; pupils, new tenants and those with caring responsibilities (primarily women), were much more exposed when the lockdown started. Our initial priority, with the limited resources available, was to protect these groups. We can already see more limited opportunities for pupillage over the coming years as chambers tighten their belts and try to recover. Some pupils just ending their first six when the crisis hit faced ‘pauses’ on their pupillages, placing qualification in

My fear is that the incredible work done by so many to increase diversity in the profession risks being set back years, as those barristers with fewer resources to cushion the blows delivered by this crisis were, and continue to be, the hardest hit. Sadly, it is probable these barristers may be more likely to come from less traditional backgrounds. Early this year, the Bar Council had in place a comprehensive programme of work in the form of its accelerator programme, aiming to speed up the positive pace of change in favour of diversity across the Bar. This consists

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of nine projects, four of which focus on fair allocation of work, from clerking to the legal directories and solicitor practices. Others address the Bar’s culture, promoting mentoring, tackling harassment and bullying and modelling innovative flexible working solutions. It is and remains an exciting and vital agenda. We have built an extensive network of stakeholders, key practitioners and clerks, on Circuit and in the various specialist practice areas. This important work continues, and the lessons learnt from the lockdown, particularly around flexible ways of working, may change the way we work at a speed we could not have anticipated when the programme was conceived. We believe some of the changes we grappled with in the early days of lockdown and a growing understanding of working remotely may eventually benefit all members of the Bar. A huge positive is the sense of a profession coming together to support each other. The joy in my job is witnessing the generosity displayed by members of the profession, willing to give their time and expertise to support our work. The efforts being made throughout the crisis to save the pupillages we could, to share ideas and good practice, to maintain collegiality and provide mutual support was and continues to be inspiring - from those who were aware of our mental wellbeing as we socially distanced, offering mindfulness, online yoga and virtual chambers’ teas, to those negotiating hard with the Government for financial support and to keep the justice system going. From a diversity perspective, it is always important to focus on the positives and look to the future. If we can grab hold of those aspects of our work that worked under ‘lockdown’ and fine tune them, we may yet all benefit from an innovation dividend – more flexibility, fewer hours on trains, and more opportunities for those juggling work-life balance. It has to be worth reaching for.

MIDDLE TEMPLE LGBTQ+ FORUM

SIMON ROWBOTHAM

Speech at the Inauguration of the Middle Temple LGBTQ+ Forum Thursday 14 November 2019 Simon Rowbotham practises at 7BR and recently moved to London from Manchester, where his practice included all areas of family and Court of Protection law. He has built a solid private client practice, with regular instructions from top family law solicitors in the North West and further afield. Simon is Vice-Chair of the Middle Temple LGBTQ+ Forum.

The need for LGBTQ+ members to be supported at the Inn came to the fore in 2017, following the report of Marc Mason and Dr Stephen Vaughan at University College London (UCL); Sexuality at the Bar: An Empirical Exploration into the Experiences of LGBT+ Barristers in England & Wales. The authors conducted a survey of LGBTQ barristers, in which they found that just over half of those consulted reported having experienced discrimination in some form; one third had suffered bullying or harassment. Sadly, the Inns of Court came in for particular criticism ‘for not doing enough to signal their support for LGBT+ members of the Bar’. One student described an occasion when a Bencher at a qualifying session was heard to say ‘I don’t trust fags like you’. The Inn in question was not identified but it is a huge source of sadness and anger to me, that any member of an Inn might feel ashamed or attacked for who they are. There is no record of the first LGBT individual being Called to the Bar. However, since at least the century

in which the Inn was established, Fleet Street and Chancery Lane were known for their ‘suspect’ houses. Perhaps unwittingly, the Inn itself has played some part in LGBTQ+ history in ways that are now largely forgotten. Gossip surrounded the Knights Templar. There were rumours abounding that it was a directive to copulate and bugger as part of their order and two attempts were made to bring to trial knights for allegations of sodomy. In reality, such rumours likely came – as rumours do today – from ignorant people but they do perhaps hint at a queerer history than one might suppose for the Temple. Later, when Twelfth Night was performed in Hall, the roles of Viola, Olivia and Maria were almost certainly played by young men. In their effeminate roles, these men would later become associated with the French word ‘gai’ (cheerful), which overtime gave us the term ‘gay’. Perhaps a more fun (if seedier) side of history comes from the fact that it was – along with Lincoln’s Inn Fields – a place to meet like-

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minded people in public facilities, popularly known in the 18th Century as ‘bog houses’ or ‘the markets’. In 1701 the London Post ran a story concerning a young man ‘sitting in Lincolns-Inn house of office’ when another young man ‘happened to go into the same box, whom the other welcomed, afterwards entered into a discourse with him, pretending great kindness for him etcetera. But at last discovered his intention, to commit the filthy sin of sodomy…’. Upon crying for help, the Inn’s porters ran to his assistance and ‘cooled the spark’s courage, by ducking him in the said house of office, and afterwards left him to shift for himself’. Quite what the alleged victim thought would happen when he welcomed his would-be attacker ‘into the same box’ we can only guess. While some gay men of the Inn presumably had fun of an evening, the Temple district was also an area in which some of the worst persecution of LGBTQ+ individuals was displayed. In 1810, the White Swan on Vere Street was raided by officers of the court, who were horrified to find an establishment containing beds, a ladies’ dressing area and a ‘chapel’ for gay marriages to be celebrated. It was reported at the time that the chaplain who officiated had also recently enacted a birth, in which two men (dressed as midwives) used a pair of bellows to expel a Cheshire cheese as a new-born baby. 23 men, including a butcher, a

baker, a lord and (one might imagine) a lawyer, were arrested. On Fleet Street, London’s newest pillory had just been erected. After being found guilty at Bow Street Magistrates’, mobs gathered to watch the men being led to prison via the pillory. It took 200 policemen to protect them from the crowd. Words, mud, excrement and projectiles were aimed at the men such that, by the time they reached Temple Bar, one contemporary observer noted that ‘their whole persons appeared one heap of filth’. This would not be the first or last time that LGBTQ+ offenders were taken to the pillories just outside the Temple; for some, to be sent to the pillory at Temple Bar was akin to a death sentence. A cheerful history? No. But just as my generation owes an enormous gratitude to the generations immediately preceding ours, who led the Pride and civil rights movements that landscaped the more socially and legally liberal world in which we now live, there have been queer Middle Templars whose names are now lost to time but each of whom, in their own small way, contributed to the moment in which we now find ourselves. Why ‘Forum’? The urban myth I hope to plant today is that it was named after the farcical Sondheim musical set in ancient Rome, A Funny Thing Happened on the Way to the Forum. Of course, that is untrue, but it is a great musical and, perhaps, that urban legend would not be so far from the truth. ‘Forum’ for our purposes is used in the context of its Latin origin, as an ‘open public space’. That usage of the word certainly encapsulates one of our objectives: ‘to provide a safe and inclusive space for LGBTQ+ members of the Inn to meet, share ideas, to find support and inclusion, and (importantly) have fun’. In the words of the late, great Frankie Howerd in his titular song for the 1971 film Up Pompeii, ‘There’s an awful lot that’s gone to pot, it’s getting out of hand; there’s no decorum in the Forum’. Joking aside, the word ‘Forum’ has, of course, also become a byword in more common usage as a space for public expression. The need for the LGBTQ+ Forum to be a space for both expression and, importantly, a public one, is also crucial to our objectives and values. If the UCL

report taught us one thing, it is that there is a real and pressing need for those of us who are established practitioners, wherever they feel able to do so, to make themselves visible at all levels of the Inn.

family relationship’. That Act came into effect in 1988 and so was well ingrained by the time I commenced school in the early 1990s; it was not repealed in England until November 2003, by which time I was 17.

Every single individual who identifies under the LGBTQ+ umbrella has their own unique story and set of experiences. At this launch, for example, there are individuals who ‘came out’ much later in life and who lived through those now inconceivable days when sexual acts between gays remained illegal. There are individuals whose families still don’t know of their partners or even that they identify as LGBTQ+. There are individuals for whom their one year on the Bar course in England will be their one year to live freely before returning to their home countries, where acts of same-sex love remain illegal.

In my 14 years or so of school life, I never heard a teacher refer to homosexuality, not even in the context of art or literature. There were no children who were openly gay in any of my three schools and my one reference point for what it meant to be a gay male in the 1990s was the children’s BBC drama slot at 17:00 on Tuesdays and Thursdays, where shows like Byker Grove or Grange Hill – though no doubt well-intentioned – depicted gay characters as people who suffered enormous difficulties in coming out and who, largely, were depressed or living in fear of HIV and Aids. I saw politicians and popular singers ridiculed, their careers destroyed by tabloid trash for having the audacity to live a private life that involved gay sex. That was not a life I wished to live and I was, as a result, desperate not to be gay.

My school years were spent under the cloud of section 28 of the Local Government Act 1988, which inserted into the 1986 Act a prohibition on educational authorities promoting homosexuality in schools or publishing material with the intention of promoting homosexuality. The Act prohibited teachers from promoting same-sex relationships as (what the Act labelled) ‘a pretended

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Fast forward and, in 2008, I became a member of the Inn. Coincidentally, I joined the Inn in the same summer I accepted the reality that I am not a heterosexual or a bisexual man. As

far as my relationship with Middle Temple was concerned, I cannot recall there ever being any LGBTQ+ reference point from the time I joined until the time I was Called in July 2011 and moved to Manchester; I certainly cannot recall any overt homophobia but then, neither was I exposed to any positive messages of inclusion. Looking back, having come from an education system of radio silence under section 28, it was for me business as usual. And business as usual might be okay if a young member of the Bar already knows that being LGBTQ+ and being a barrister are not mutually exclusive. But I did not. After my Call, I commenced pupillage and spent that year refusing to be drawn on questions about my private life. Throughout pupillage, the closet doors remained well and truly welded shut. In a new city, meeting new people, it was a lonely experience. In fact, when I did come out (by taking my thenpartner to a chambers event), the reaction of my colleagues was so overwhelmingly positive that I felt embarrassed not to have done so sooner. I often look back at this period of my very early career and wonder how much of my perception of the Bar was shaped from what I actually knew or was just self-imposed belief. The reality, sadly, is probably a mixture. The one thing I do know is this. That, had I met just one, openly gay barrister, Bencher, judge or even staff member at the Inn during my year in London in 2010/11, I like to think that my experience of that year and my pupillage that followed would have

been very different. In 2019, I am standing in the Prince’s Room at a launch event with my partner, Jack, and surrounded by LGBTQ+ colleagues, friends and allies. In June of this year, the Inn hosted an incredible event called Taking Pride, organised by MTSA and MTYBA. In 2021, we are due to have not our first but second openly gay Master Treasurer in Master Andrew Hochhauser, who will follow in the footsteps of the late and very much missed Master Paul Jenkins. The Forum is important as there is absolutely no excuse why any student should exist under the misimpression that to be LGBTQ+ in anyway disqualifies them from succeeding in this profession. We would be lying if we told them that they will not face, or that there are no colleagues who remain on the wrong side of history. But the dinosaurs are facing extinction and their fossils will soon be confined to the dustbin of bigoted history. We cannot magic away the prejudices that many of our members may still face in everyday life, especially those students who will return to countries less liberal than our own. But we can make sure that their interaction with this Inn is one that is positively affirmative: success at the Bar in 2019 comes from being who you are, not what anyone else thinks you ought to be. An important objective for the Forum is visibility. Identifying as LGBTQ+, for many of us, means that we are not immediately recognisable from our appearance as, say, women or BAME barristers might be. That is not a bad thing: many of us choose

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not to be defined simply by who we love or even our gender. I believe that visibility, however, for those that are comfortable with it and elect to be seen, will be critical to the role of the Forum. As Harvey Milk, the first openly gay man to be elected to public office in the US, said: I cannot prevent anyone from getting angry, or mad, or frustrated. I can only hope that they’ll turn that anger and frustration and madness into something positive, so that two, three, four, five hundred will step forward, so the gay doctors will come out, the gay lawyers, the gay judges, gay bankers, gay architects. I hope that every professional gay will say ‘enough’, come forward and tell everybody, wear a sign, let the world know. Maybe that will help.

In the spirit of being a visible presence in the Inn, we have made a sign in the form of a pin badge incorporating the Forum’s shield, to be worn with Pride. The Forum is a fledgling project. It is here to be supported and shaped by those who wish to get involved. All members and staff of the Inn are encouraged to do so. There are many ideas and plans afoot. We will need your help to make this happen. Finally, we very much hope that the Forum will allow us to come together as a group of people who can support and mentor each other, socialise, love and advise each other. No member of Middle Temple or its staff should feel that nobody is there for them. Our message is simple: you are not alone and the time to be a LGBTQ+ member of the Inn has never been better.

THE SPANISH INFLUENZA PANDEMIC

VICTORIA HILDRETH

The Spanish Influenza Pandemic Victoria joined the Inn as Projects Archivist in 2017 and was promoted to the position of Assistant Archivist in 2019. For over three years she was the Archives Assistant at the V&A Museum’s Archive of Art and Design, and during this time achieved a Postgraduate Diploma in Archive Administration.

The influenza pandemic of 1918/19, known as the ‘Spanish Flu’, killed 50 million people worldwide, and 228,000 people in Britain alone. The virus hit the country in several waves; the first reaching its shores in the summer of 1918 and the second starting its progress through the country in September 1918. This second wave would prove to be far deadlier than the first, the virus having mutated into a more virulent form. On Friday 11 October 1918, the same day that Spanish influenza was reported as having arrived in London, the Treasurer, Master Robert McCall, proposed that a dinner to commemorate the tercentenary of Sir Walter Raleigh’s death be held on Tuesday 29 October 1918, which was approved by the Inn’s Parliament. This dinner proceeded as intended; the organisers and attendees undeterred by increasingly alarming reports of deaths caused by the virus. The lack of action taken by the Inn in response to the influenza pandemic is surprising to modern eyes. Business continued as usual, Parliament continued to meet and there is no mention of the pandemic within the minutes that they produced. This inaction was not unique to the Middle Temple and was symptomatic of a lack of leadership by the central government when confronting the crisis. The department responsible for managing the pandemic, the Local Government Board (LGB), lacked authority and was short on manpower due to the demands of the First World War. They delegated the management of the pandemic to local authorities, which led to a piecemeal national response. Additionally, the LGB issued no official guidance to the country until late October 1918. They had considered issuing a memorandum on the flu in the summer but had to shelve it due to pressure to ‘carry on’ that was caused by the war. When guidance was provided, it differed substantially from that issued by modern governments and medical professionals. Hand washing was not emphasised, disinfecting of surfaces and throat gargles were recommended instead. Social distancing was not advised unless someone was displaying symptoms, in which case responsibility was placed on the individual to go to bed immediately and stay there for three days. Theatres, cinemas and music halls could remain open, provided there was an interval of 30 minutes and the room was fully ventilated during this time. While some medical professionals advised the public to avoid crowded meetings and stuffy rooms, the wartime conditions in the country at the start of the pandemic made widespread implementation of this advice impractical and lockdowns unthinkable. The government’s priority was to avoid alarming the civilian population and to carry on as normal. To this end people were advised to maintain a ‘cheerful’

Copy letter from the Under Treasurer referring to the Spanish Influenza, 19 November 1918 (MT/1/LBO/21)

disposition lest fear, panic and depression make them more vulnerable to the illness. The result of this comparatively laissez-faire attitude can be found in the Society’s letter books, which contain copies of all the Treasury’s outgoing correspondence between 1850 and 2001. Monday 11 November 1918 was the peak of the second wave of the influenza pandemic in Britain and the staff of the Inn were badly affected. The Under Treasurer struggled to maintain the administrative functions of the Inn due to lack of personnel. In the first piece of correspondence referring to the pandemic, dated Monday 11 November 1918, the Under Treasurer apologises for the late reply to their letter of Thursday 24 October, which was not answered as ‘the whole of my staff are away ill’. The date of the initial letter implies that there may have been staffing issues at the Inn from as early as late October. Further letters written on Thursday 28 November and Monday 2 December show that staffing issues created by the pandemic persisted for many weeks. It is unclear whether the virus itself caused any fatalities among the Inn’s employees, but the staff books record one death during this time period. 102 years have passed since the Spanish influenza ravaged the world, and the national response to a pandemic of that scale has changed significantly in that time. Social distancing, which was not encouraged in Britain during the 1918/19 pandemic, has become one of the primary methods of controlling the spread of Covid-19, and has caused the dramatic closure of the Inns of Court for the first time in centuries.

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A POTTED HISTORY OF THE OFFICE OF UNDER TREASURER

BARNABY BRYAN

A Potted History of the Office of Under Treasurer Barnaby Bryan read Philosophy at King’s College, Cambridge, and later qualified as an Archivist at University College London. He has undertaken archival work at various institutions, including Unilever’s corporate archive in Port Sunlight. He joined the Middle Temple as a Project Archivist in 2015, progressing to Assistant Archivist in 2016 before being appointed as the Inn’s Archivist in 2019.

The office of Under Treasurer of the Middle Temple has existed for many centuries. Since the first known appointments in the 16th Century, the role has evolved from that of a humble debt collection assistant to the Inn’s Chief Executive. Over the years, Under Treasurers have faced Civil War, air raids, financial crisis and conflagration, many serving for several decades, and more than one incumbent departing under a cloud. The first recorded Under Treasurer, William Whorwood, was appointed in 1524 ‘to collect and levy debts in place of the Treasurer, as an assistance to the Treasurer for the time being’. As the Treasurer for that year, Richard Lyster, had been Solicitor General since 1521, he may have had his hands full. A member of the Inn himself, Whorwood later served as Autumn Reader in 1537. Another Middle Templar to hold the office in the 16th Century was Thomas Pagitt, who served from 1570 to 1576 and was Lent Reader in 1584. Pagitt and Edmund Plowden, Treasurer in the 1560s, were both Roman Catholics and the pair were blamed in 1580 for the Inn being ‘pestr’d with papistes’ – no

Many Under Treasurers served for more than 30 years, but James Buck still holds the record. minor accusation in those times of widespread religious suspicion and persecution. Some employees of the Inn worked their way up through the ranks – Richard Baldwin was admitted to the Inn and appointed Under Treasurer in 1591, having provided ‘good services’ as the Inn’s Butler previously. He went on to serve in the role for 28 years. His successor, John Bayliff, also served for around 30 years. In 1625

Minute of Parliament recording the appointment of William Whorwood as Under Treasurer, 1524 (MT/1/MPA/1)

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the Treasurer was entirely relieved of handling money and Bayliff took full responsibility for it. The English Civil War, which broke out in 1642, caused great commotion in the life of the Inn. The membership (including the Benchers) divided between Royalists and Parliamentarians, Readings ceased to be given and admissions fell considerably. The Inn’s income was so disrupted that Bayliff himself financed the Society at his personal expense. By November 1647, the Middle Temple was indebted to him to the sum of £1,812, and in 1649 Parliament ordered that all of the Inn’s silver ‘more than is for ordinarie use’ be sold to repay the Under Treasurer. Many Under Treasurers served for more than 30 years, but James Buck still holds the record. An order of Parliament of 1708 gave him permission to sit at the end of the Bench table when taking minutes – by this date he had served 50 years of his 53 year Under Treasurership. Some of Buck’s personal business papers survive in the Inn’s Archive, illuminating his extensive ‘extracurricular’ activities as a landlord and Chief Bailiff of the manors of Haringey, Hornsey and Finchley. From the 17th Century onwards, the Under Treasurer had to give a bond for £1,000 on taking up the office. This guaranteed his keeping just and true accounts of all income and expenditure and being responsible for the safe keeping of plate, linen, deeds, evidences, rolls, admission books, receipts, bills, rentals and other muniments. By the mid-18th Century the bond had risen to £2,000 – worth around £230,000 in today’s money. Some Under Treasurers appear to have been fairly robustly dealt with. In 1747, 20 years into Richard Bruncker’s Under Treasurership, Parliament voted on its choice of three candidates for his job. Bruncker came third. The winner was appointed and Bruncker was demoted to assistant, dying shortly afterwards. Parliament also ordered

in 1926, resigned in 1930 having established a strong and effective team in the Treasury. His successor, the former Assistant Clerk William Hewlett, served until 1949, being commended by the Bench in 1946 for his dedicated wartime service, serving as an Air Raid Warden five nights a week throughout much of the war.

Record of Benchers voting on three candidates for Under Treasurer, including the incumbent, Richard Bruncker, 1747 (MT/8/SMP/67)

that an officer be appointed ‘as a check and accountant’ of the Under Treasurer, suggesting that Bruncker’s bookkeeping may have been the reason for his downfall. Another significant position within the early modern Inn was the Keeper of the Library, the first holder of this office having been appointed in 1642 under the terms of the will of Robert Ashley, who had bequeathed his collection of books to establish the Library. Two Keepers went on to be promoted to Under Treasurer – Charles Hopkins in 1752, and his successor James Horsfall in 1776.

throughout the day with beer from the buttery. He found ‘great discontent and dissatisfaction’ in all departments, and office administration was found to be in ‘a considerable state of confusion’. Beresford-Pierce proved an efficient new broom, overhauling the Inn’s administrative practices, and, after inheriting a baronetcy

From 1968 until 2011, every Under Treasurer was a retired senior officer of the Armed Services, including a brigadier, naval captain and rearadmiral, and two air commodores. In 2011, Catherine Quinn, the Inn’s first female Under Treasurer, was appointed, having previously headed the grant-giving operations of the Wellcome Trust. She oversaw a substantial re-organisation of the Inn’s governance structure, administration and staffing, before leaving the Inn in 2013. Her successor, Guy Perricone, served until 2020 and was Called to the Bench in a remote ceremony on Thursday 9 July of that year, being succeeeded by Victoria Wallace.

Sometimes the office was passed from father to son: William Eldred served from 1785 until 1838 when his eighth son, Edward, succeeded him and held office until he was removed for disobedience of orders in 1855. Surviving contemporary records from the time suggest he may have suffered a breakdown of some sort, and following his death shortly after his removal from office, the Inn provided financial support for his wife Charlotte and their several children. The Inn’s collection of portraits includes a pair said to be of ‘Mr & Mrs Eldred’. The final Under Treasurer of the 19th Century, James Waldron, served from 1886 to 1913 and appears to have presided over a decline in discipline, organisational stagnation and general lack of activity. His successor, Major Henry BeresfordPierce DSO, who had distinguished himself in the Second Boer War, was appalled by the slackness of administration and bad practices of the staff. Drunkenness was a particular problem, many employees habitually fortifying themselves

Portrait said to depict ‘Mr Eldred’, possibly Edward Eldred, Under Treasurer 1838-1855

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READERS OF THE TEMPLE

MASTER MARK HATCHER

Readers of the Temple:

From the 16th to the 19th Century Master Mark Hatcher was Called to the Bar in 1978, after a short period in practice, he joined the Law Commission in 1980. He then worked at the House of Lords and was Assistant Secretary of the Law Reform. In 1988 he set up the public affairs consulting practice of Coopers & Lybrand before joining the Global Regulatory and Professional Affairs Board of PWC. He became the Bar Council’s Director of Representation and Policy in 2006 and was Ordained in 2012. He was Director of the Bar Council and until recently Special Advisor to the Chair of the Bar. He is Reader of Temple Church.

Ever since they were appointed to assist the Masters at the Temple Church, the Readers of the Temple (not to be confused with the Inn’s Readers) have attracted generally less interest than their more illustrious clerical colleagues, who rejoice in the title ‘Reverend and Valiant’ (unique in the Church of England). Since the Reformation in the 16th Century there have been 31 Masters of the Temple (not including four ‘Ministers’ during the Interregnum) and 40 Readers of the Temple not including at least 14 ‘Lecturers’ or ‘Preachers’ and seven assistant Preachers. Having been a member of this supporting cast for the past five years and, as far as I am aware, the only member of the Middle (or Inner) Temple to have been elected a Bencher before being appointed as Reader of the Temple, I was curious to know more about the Readership.

The Readers have their origins in the pre-Reformation period. When the Knights Templar were suppressed in 1307, the Order of the Temple supported a Master as well as six chaplains and four clerks. After they had gained possession of the Temple, the Order of St John of Jerusalem paid £37 6s 8d to the Master (or Custos) as well as four priests and a clerk. With the dissolution of the monasteries by Henry VIII in 1539, legislation provided that the Master and two chaplains should retain their accommodation and income. Two of the four priests prior to the dissolution, Walter Lymsey and John Wynter, continued. By 1560 one priest supported the Master, who was given sole authority to appoint the priest, a right which subsequently passed to the Middle and Inner Temple.

Alfred Ainger (‘Men of the Day. No. 532.’) by Sir Leslie Ward chromolithograph, published in Vanity Fair 13 February 1892 Ex Coll: National Portrait Gallery (NPG D44581)

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In the 16th Century life in the Inn continued much as it had in the previous century: collegiate discipline, predominantly celibate living, a common hall, chambers, moots, readings, lectures and compulsory attendance at church services. The pattern of worship varied to accommodate the liturgical changes brought about by the Reformation. The ornate services and gorgeous ritual under Henry VII and Mary Tudor disappeared under Elizabeth I giving way to daily prayers and Holy Communion four times a year. Divine service was held daily at 18:30 in term time. The issue of vestments became a contest about whether the Reader should wear a cloak or a gown. During this period three Readers of the Temple stand out. Laurence Chadderton, appointed in 1579, may have represented the Puritans at the Hampton Court Conference which was convened in 1603 by James I to consider attempts at further Church reform. Chadderton was one of the translators of the Bible into English, the Authorised or King James Version, published in 1611. He lived to be over 100. It is said that in old age, preaching in his native Lancashire, he paused after two hours, telling his congregation,’ I will no longer trespass on your patience’. ‘For God’s sake, go on, go on’ they called in reply. So he went on much longer, ‘to their great satisfaction and delight’. His successor, Walter Travers, was appointed in 1581. Travers had been ordained in Antwerp and was the preferred choice of the Master, Dr Richard Alvey, to succeed him but Archbishop Whitgift required Travers to be ‘re-ordained’, which Travers refused. Queen Elizabeth was persuaded that his strong Calvinist leanings made him unsuitable and Richard Hooker was appointed instead in 1585. Although Hooker and Travers were friendly (they were also cousins), they clashed in the pulpit. Travers was a natural orator who relished disputation. Izaak

Walton recalled, ‘The forenoon sermon spake Canterbury, and the afternoon, Geneva’. Great crowds were attracted to the Church by these combatants. The ‘Battle of the Pulpits’ must have been spectator sport. Eventually Travers’s licence to preach was withdrawn and he went on to become Provost of Trinity College, Dublin. His enduring legacy however may have been to have persuaded Hooker to write the Laws of Ecclesiastical Polity, a critique of the Puritans and their attacks on the Church of England and particularly the Book of Common Prayer. The Laws is one of the foundational texts in Anglican theology. In 1605, William Crashaw was appointed ‘Preacher’ by Inner Temple. He was an eloquent speaker and a staunch Protestant, one of whose publications was entitled ‘Romish Forgeries and Falsifications’. He was also a member of the Virginia Company, a joint-stock enterprise set up by King James to establish settlements on the east coast of America. In February 1610 Crashaw preached a rousing sermon before Lord Delaware and other members of the company prior to their setting sail for Virginia. It is thought that Crashaw gave a pair of what we know as the Molyneux Globes to the Benchers of Middle Temple. Said to be among the Inn’s most valuable material possessions, these fine terrestrial and celestial globes can be seen in the gallery of the Inn’s Library. Crashaw was married three times, his first wife being the mother of the poet, Richard Crashaw who, ironically in view of his upbringing, became a Roman Catholic. Among the Readers of the 17th Century, Thomas Chafyn, a graduate of Exeter College, Oxford who had been appointed Reader in 1618, achieved the distinction of being arrested by the Serjeant-at-Arms of the House of Commons for having preached a sermon against Parliament in Salisbury Cathedral. He escaped being sent to the Tower by one vote. Another member of Exeter College, who had been appointed Reader in 1643, was George Newton who took sides in the Civil War against King Charles I. It is said that he helped to make Taunton (where he was vicar), ‘the most factious place in all the nation’. Newton’s appointment as Reader had been procured by Hugh

The Sherlock Cup – given to Master of the Temple, Thomas Sherlock, by the Middle and Inner Temples on his retirement

Crescie (an earlier Reader) who, before becoming a Roman Catholic, had joined the Royalist army. In the 18th Century the Readers were appointed by the two Inns alternately, beginning in 1703 and this practice has continued to the present day. Among them was Thomas Broughton, appointed by Middle Temple in 1727, at the age of 23. He became a favourite of the Master of the Temple, Thomas Sherlock (who held the Mastership for 46 years during which he was successively Bishop of Bangor, Salisbury and London). Broughton was a distinguished writer on poetry and apologetics, who knew Handel and may have encouraged him to play the organ at the Temple Church. Temple Henry Croker distinguished himself as Reader in other ways. Appointed by Middle Temple in 1759 he was a translator of Italian poetry

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and edited a dictionary of arts and sciences. He was discharged from the Readership by the Benchers in 1763 for having absented himself beyond the seas without permission of the Bench. He became bankrupt in 1773 but later became Rector of St John’s Capisterre, on the island of St Kitts in the West Indies where he published four sermons under the title ‘Where am I? How came I here? What are my wants? What are my duties?’. In 1820 the first barrister to become Reader of the Temple was appointed. William Rowlatt had been Called to the Bar by Inner Temple in 1804 and was subsequently ordained in 1814 before becoming Librarian. He introduced a Library Catalogue and other overdue improvements. Rowlatt was Reader for 31 years in the course of which we learn of his burying the Benchers and their wives in the vaults of both Inns under the

Master’s garden. On Wednesday 5 September 1832, he buried in the churchyard a man found drowned at the Temple Stairs. The following year his funerals included those of a Middle Temple gardener and the Inn’s Chief Butler. On the grounds of his age and impecuniosity, together with his family of nine (which included several spinster daughters), Rowlatt was allowed to occupy the Master’s House for several years before he was obliged to vacate it in 1845 with the appointment of Canon Thomas Robinson as Master. John Gilby Lonsdale was appointed Reader by Middle Temple in 1851 but within four years of his appointment he had been made a Canon of Lichfield. However, he persuaded the Benchers he should continue to serve at the Temple (as well as pursuing his translations of Virgil and Horace). He was allowed to appoint deputies of whom there were several until the appointment of the new Reader, Alfred Ainger. Ainger had originally contemplated a career in the law. After graduating from Cambridge, he became ordained and after a Staffordshire curacy followed by a spell of school mastering he was appointed Reader of the Temple in 1866. Like three of his predecessors as Reader, Ainger went on to become Master of the Temple, in 1894 succeeding Dr Vaughan. His thick silver hair had long been known in the Temple, as well as his capacity to make friends. His sermons were said to be marked by beauty of language, and by a quiet, practical piety, which was impatient of excess. A man of widespread literary interests, he wrote a life of Charles Lamb and edited his works. In the words which accompanied the Spy cartoon in Vanity Fair in 1892 he was said to be ’a modest Reader in a place where the vice of modesty is not common’. Since Canon Ainger became Master of the Temple in 1894 there have been eight further Readers of the Temple (including the author, the third to be a member of Exeter College, Oxford) for whom space does not permit consideration here. They have had the privilege to serve members of the Inner and Middle Temple in their different ways, following and building upon the rich traditions of the past for the future of these two learned Societies, and to the Glory of God.

Canon Alfred Ainger, portrait by Hugh Goldwin Rivière

Alfred Ainger by Emma Frances Johnston (1834-1905)

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A PERSONAL COLLECTION OF 15TH CENTURY DOCUMENTS

MASTER IGOR JUDGE

A Personal Collection of 15th Century Documents with promptings by William Shakespeare. Excerpt of a talk given to the Historical Society in December 2019. Master Igor Judge was Called to the Bar in 1963. He was made a Bencher in 1987. He was President of the Queen’s Bench Division and then Lord Chief Justice of England and Wales 2008-13. In 2013 he became a Distinguished Fellow and Visiting Professor at the Dickson Poon School of Law at King’s College London. Between 2015 and 2017 he was Chief Surveillance Commissioner. Since 2017 he has been Commissary of Cambridge University. From 2007-2013 he was President of the Selden Society. He was Treasurer in 2014.

I really cannot quite remember when I became interested in collecting documents. To begin with, however, we could not afford to buy them. I remember the seal of Ranulph de Blundeville, Earl of Chester, who graciously made way for William Marshal to be elected as Regent for the boy king, Henry II, when King John died; another that got away was a letter from one merchant to another on his way to the Council of Constance in 1415 setting out the details of a great victory by King Henry V at a village called Agincourt. The fatality details given by him pretty well coincided with Shakespeare and would not have supported President Macron’s recently expressed analysis of that battle. At that time, however, Judith, my wife, thought that our children needed carpets and curtains in their bedrooms rather more than they needed ancient documents.

Here we are today standing on land owned and occupied by the Knights Templar, the greatest crusading knights and probably the richest organisation in mediaeval Europe, other perhaps than the Church. Almost exactly 100 years after Magna Carta, in 1312, the Knights Templar were suppressed. Twenty, or even ten years earlier, the possibility that this great Order might disappear would have been laughable. But it did, for political reasons, on trumped charges. Nothing is ever certain; ‘what’s to come is still unsure’ is not merely one of Shakespeare’s greatest lines, but in giving those lines to the Court Jester or Fool, he is surely laughing at the human condition. The land was then given to the Knights Hospitaller, the Order of St John, and the lawyers moved in, and quickly. They were certainly here by 1340 or thereabouts and they have

never left. The Inns were invaded and all records then available were destroyed in 1381 in Wat Tyler’s rebellion. They were re-invaded by Jack Cade in 1450, when again, all our records were destroyed, thus giving Shakespeare, in all the blood and horrors of the three parts of Henry VI and Richard II, his only joke, ‘the first thing we do, let’s kill all the lawyers’. Laughing at the joke, audiences forget the wild destruction and the murders of the residents. One result is that at Middle Temple we have no domestic or administrative documents from before 1501. So I could not resist the earliest document in this collection, a donation to the Knights, no doubt for the benefit of his immortal soul, by a clerk in Yorkshire of a bovate of land, that is, as much as an ox could plough in a day. It provides a direct link between those far off, pre-lawyer, days at the Temple, and demonstrates how that Order was still flourishing just a few years before, when out of the blue, it was destroyed. I found that document in a very uninteresting job lot, and it was sold to me at a nominal price. Some years after I presented it to the Inn, the bestseller, The Da Vinci Code was written, and I understand that our insurers said that as anything to do with the Knights Templar had become fashionable and valuable, the original must be kept in the Archive, and that only a facsimile should be put on display. There it is, in the Prince’s Room. This document, like all of them, reminds me, and us, that with any document we are in touch with the human beings who wrote them, or are described in them, and handled them, and their lives, and that we should pause to reflect on how and in what circumstances they were created and how delivered, by what means of transport, or retained, and

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where, and who read them, and acted on them, and were affected by them, and over the centuries kept them. When you hold an ancient document, when you are looking at it, you are living with history. Indeed documents do not have to be very ancient. The letters our parents wrote to each other when they were separated by war, even totally personal letters, would tell us their history. With documents you are always close to human beings, sometimes historical figures, but always human beings, each one a different character. When I started collecting I realised I would have to be specific in my choice because, literally, every century could be covered, and I could not afford either the time or the money for that. So I settled for the 15th Century. When I was at school, and then at University, this century was regarded as, somehow, not very serious history. But I was attracted by the century because I loved and still love Shakespeare, and although his history plays are certainly not his greatest plays, they cover the 15th century in England in unbroken continuity until 1485. Beyond the battle of Agincourt, and one King ruling England and France, the loss of France, the Wars of the Roses, as we now call them, the endless battles at Northampton and St Albans, the Kings themselves, depressed, usurping Henry IV, martial and triumphant Henry V, feeble, saintly Henry VI, sexually incontinent Edward IV, the child victim, Edward V, murderous Richard III, secretive, suspicious but successful Henry VII, there was much and there remains much of interest. But in those days we rushed through until, hurray, here are the Tudors and Stuarts. Plantagenet England was much more sophisticated then we imagine. Parliament was invited to decide succession to the Crown in 1450, and both Richard III and Henry VII sought Parliamentary confirmation of their right to it. The Paston Letters reveal a society in which, contrary to common belief, the woman played distinctive, positive parts, through the generations, offering valuable advice to their husbands, who followed it and treasured them. It is the century of the printing press, which among many other things, enabled us to ask questions about God and religion, the conscience and ultimately the

A donation to the Knights Hospitaller by a clerk in Yorkshire of a bovate of land

freedom of the individual. And if you doubt the relevance of the plays themselves, read the very recently published, weighty, albeit short, book by Stephen Greenblatt, Tyrant: Shakespeare on Power. It suggests that the question which the plays seek to answer is simple: ‘how is it possible for a whole country to fall into the hands of a tyrant?’. That is a question which cannot be ignored in any century, least of all our own; think Hitler, Stalin, Franco, the chilling roll call in Europe alone. It is not even a question for history. The process still continues to this day. I never did find another document about the battle of Agincourt itself, but the collection does include an order by the Duke of Orleans. Remember his impatience, the certainty of victory on the night before the battle. ‘Will it never be morning’: and then ‘it is now 2 o’clock. Let me see by ten we shall each have 100 English men’: and then, ‘the sun doth gild my armour, Up my Lords’. After the battle he was found, just alive, beneath a pile of corpses, and from there taken to London where he remained a prisoner of war for 25 long years. This

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letter confirms that he is indeed a prisoner, trying to sort out his affairs at home. He never gave up plotting and planning for his release, but he also founded his own library and wrote a large number of lyric poems, and they show us that although in 1415 the French were not very good at battles, they were well ahead of us as writers of sonnets. It was 100 years or so later before Henry Howard, in forlorn and unrequited love, was able to take solace with the last lines of a powerful sonnet: ‘Hers will I be, but only with this thought,/ Content myself though my hopes be nought’. The English side of the battle is represented by Sir John Fastolf, with the Great Seal of Henry IV attached. Incidentally Henry IV, Henry V, and Henry VI had identical seals, perhaps to create a sense of continuity for a rather vulnerable dynasty. Fastolf served in the campaigns of Henry V at Harfleur, where no doubt he heard and was inspired by ‘Once more unto the breach, dear friends, once more..’, and he was there at Agincourt itself. In truth he was a brave and, perhaps important to emphasise, sober soldier. But this document reminds us that nothing changes. Someone had to be

blamed for the significant English defeat in France at the Battle of Patay in 1429. Scapegoats are not a modern creation and he, poor chap, took the blame. So Shakespeare has him saying ‘…Away./ To save myself by flight/ We are like to have the overthrow’. So he ran away and a few scenes later we see the Garter torn from his leg and the King’s insulting description of him as a ‘stain to thy country’. The document reminds us of another constant facet of human life. Be careful who you tangle with. When Shakespeare first wrote the Henry IV plays, the name given to the dissolute, disreputable friend of Prince Hal was Oldcastle. No harm in that, he was a Lollard, a heretic, and a traitor. He suffered a most terrible death, burnt alive in a deliberately prolonged burning. So this was not a bad name to choose, except that Shakespeare overlooked that, at the very time he was writing, the company he wrote for and acted in was the Lord Chamberlain’s Men, and that the Lord Chamberlain, Lord Cobham, was a descendant of Oldcastle. Imagine the panic when it was realised what a dangerous howler Shakespeare had perpetrated. ‘For God’s sake, Will!’ who immediately appreciated that the name he was looking for was certainly not Oldcastle, but Falstaff. What a wise choice. The steady decline of English fortunes in France is represented by documents in the name of John, Duke of Belford, as ‘Regent of the Kingdom of France’, written in French, who was hardly a modern man when he rather dismissed Joan of Arc as ‘… A maid, and be so martial?’, And Richard, Duke of York, who succeeded him as Regent. Richard of course, represents the Yorkist side of the Roses. The Temple itself is the dramatic, tense setting for the selection of roses, white for York and red for Lancaster. ‘From off this white briar pluck a white rose with me’, says York. Spare a moment of sympathy for the unknown lawyer who happens to be around the Temple Gardens and is asked to give his opinion as this great row unfolds and who speaks against the red rose, but with this important legal precondition: ‘Unless my study and my books be false/ The argument you held was wrong in law’. Remarkable, isn’t it? How those last

three words would have been spoken in courts up and down the land for centuries, probably every day this week, and every day this year. The government’s argument before the Supreme Court on prorogation was indeed held to be ‘wrong in law’. This very modest and circumspect legal advice gave Warwick the excuse he wanted for supporting York. He foresees the consequences of this seemingly trivial moment. ‘And here I prophesy this brawl today/ Grown to this faction in the Temple Garden/ Shall send, between the red rose and the white,/ One thousand souls to death and deadly night’. The documents include two protagonists on the opposite sides. One is a document with the personal signature of William Oldhall, a loyal Yorkist, probably present at Agincourt, certainly a veteran of the battles in France, and in 1450 the Speaker of the House of Commons when it was decided that York should succeed Henry VI. An interesting example of the 15th Century perception of the importance of Parliament. On the other side, a signed document by Robert Molyns, Lord Hungerford, and similarly loyal Lancastrian, finally executed after the Battle of Hexham in 1464. His real claim to fame, and I would add notoriety, features in the Paston Letters with his troops attacking the Paston home eventually being fought off by Mrs Paston, Agnes, I think she was. She wrote to her husband in London, in very modest terms, telling

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her husband of what must have been a bruising, indeed profoundly alarming encounter with armed men. In these letters the reality of the Civil War is very alive. And the documents illustrate the ebb and flow of the tides of war. Edward IV confirms the governorship of Calais on the Earl of Warwick the Kingmaker, and does a good little rewrite of history, by ensuring that it refers to ‘Henry VI in dede and not of right King of England’. Public relations mattered even then. And this is followed up by the betrayal by George, Duke of Clarence, of his brother Edward IV. The document in his name, with his seal, just a few years later in December 1470, is dated the ‘49th year of Henry VI’. You all know about ‘false, fleeting, perjured Clarence’, and his drowning in a barrel of malmsey. There is a legal subtext to this document, as the beneficiary was Mr Justice Littleton, the author of Littleton on Tenures, the first legal textbook to be printed and published in England, much praised by Sir Edward Coke, no doubt a little biased as he produced a new edition. Chronologically this document is followed up soon afterwards by a document with the personal signature of Louis XI of France, instructing his Chancellor that the affairs of Queen Margaret were important to him, and that her pension must be paid. It should have been a scene in Shakespeare.

Shakespeare has Warwick going to France to persuade Louis XI that his sister should marry Edward IV. When he enters the court, Queen Margaret, ‘She Wolf of France’, a description perhaps unsurprisingly given to her by York before his death, greets him ‘And see where comes the breeder of my sorrow’. Warwick is doing very well with his mission until they get letters telling them of Edward’s marriage to Elizabeth Gray. Warwick now rails against Edward ‘For matching more for wanton lust than honour/ Than for the strength and safety of our country’ and so on, until ‘To repair my honour, lost for him/ I here renounce him and return to Henry’. Louis XI, the spider King, on whom some say Machiavelli based The Prince, naturally changes side too. And so they sailed back to England, to the disasters at Barnet where Warwick was killed with Shakespeare giving him powerful dying words, ‘For who lived King, but I could dig his grave?/ And who durst smile when Warwick bent his brow’ and then on to Tewkesbury shortly afterwards where the boy Prince of Wales was killed. Balancing the death of the Lancastrian heir to the throne, we have the murder of Edward’s sons, the Princes in the Tower. The document is a contract between James Tyrrell and Richard Wase, buying and selling the proceeds of any judgement in civil proceedings. The deal is that if Wase is successful in proceedings brought with the financial support of Tyrrell, Tyrell will be paid half the proceeds. In other

words, champerty, made a crime by Henry VII, which was, I believe, still a crime and would certainly have been unenforceable when I started at the Bar. Nowadays, of course, we have conditional fee agreements. Tyrrell you will remember was ‘A discounted gentleman whose humble means match not his haughty spirit’, who reported to Richard III that ‘The tyrannous and bloodied act is done – the most arch deed of piteous massacre/ Ever yet this land was guilty of’. Then he recounted how one of the murderers told him… ‘We smothered/ The most replenished sweet work of Nature/ That from the prime creation e’er she framed’. These lines can still move a modern audience to damp eyes. I had to have a connection with Henry VII, the cynic who backdated the beginning of his reign to the day before Bosworth, so that all those who fought for Richard III, their anointed king, were guilty of treason, and there is one from the 15th Century. My real opportunity came three years outside my self-imposed century. This is a contemporary document from January 1503 giving the text of marriage vows exchanged between James IV of Scotland, represented by the Earl of Bothwell, and Margaret Tudor, then a child. This led ultimately, of course, to the Stuart dynasty, James succeeding Elizabeth, and in 1608 conveying the lands which had been in the ownership of the Knights Hospitaller until their own dissolution in 1540, to the Middle and Inner Temple. And so, here we lawyers still are. Beyond Shakespeare I was interested in documents with a legal connection. The Roll of the Abbess of Burnham tells the story of daily life between 1416 and 1418 when kings and nobles were battling over France. My favourite entry shows how in 1416 Harry was in mercy for having watered ale, but two years later he becomes the foreman of the jury adjudicating on whether someone else had watered the ale. Although it is completely irrelevant, I recently discovered that Shakespeare’s father, John, was for a time responsible for checking the quality of the ale in Stratford. Another document is a manumission granted by the Abbess of Shaftesbury in 1439, manumitting William Carter from villein status. Until I saw this document I had not appreciated that this lowly status

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formally continued until the middle of the 15th Century. A third document, or four documents together reflect a contract for the sale of land in Northamptonshire in 1443. What is unusual is that we have the vendor’s copy and the purchaser’s copy of identical provisions, with the cuts between each side which show that the documents fit perfectly together, thus proving that they are indeed the same contract, together with letters of attorney and conformation from both sides to the contract. So, long before there were proper roads, and certainly before telephone, they brought together individuals from as far apart as what is now Moss Side, Manchester, Leicester and Northamptonshire. We tend to be rather arrogant, well, certainly patronising, about our ancestors, unconsciously linking their lack of what we regard as modern facilities with some sort of incapacity. Yet human capacity does not change very much. We simply learn to use new tools, and so my most recent acquisition is a document from a legal textbook of Civil Law, in Latin, which I have not tried to translate or have translated. To me personally the significance of a printed document from before the end of this collection of 15th Century documents is that this one symbolises the vast societal and intellectual change consequent on the invention of printing. And one final self-indulgence. Naughtily outside this particular century, a bond signed in 1536 by the then Lord Mayor of London, and John Fitz James, at that very time Chief Justice of the King’s Bench Division, who had earlier been the Treasurer of the Inn. Nowadays we deplore his subservience to Henry VIII, giving insufficient understanding of the times in which he lived. The report of a courageous observation at the trial of Thomas More, ‘if the Act of Parliament be lawful, then the Indictment is not insufficient’, raised a constitutional issue about the extent of Parliamentary sovereignty which has not yet quite gone away. And I do rather like this observation attributed to him in a 1523 manuscript (not, alas, in my collection) ‘two main principles guide human nature, conscience and law; by the former we are obliged in reference to another world, by the latter in relation to this’. That, too, might be the subject for discussion on another day.

LORD CARSON OF DUNCAIRN

MASTER TIMOTHY SALOMAN

Lord Carson of Duncairn (1854-1935)

Barrister, Statesman and Judge Master Timothy Saloman was Called to the Bar in 1975 and educated in Classics and Law at Lincoln College, Oxford. A specialist practitioner in shipping law at 7KBW, he took Silk in 1993 and served many years as a Recorder of the Crown Court. He was made a Bencher in 2003 and, in 2020, Master of the House.

Among the pleasures of being the Master of the House is overseeing the Inn’s portraits, a task which allows reflection on the lives of their subjects. Distinguished figures in the Inn’s life, present and past, are, of course, not only visible to us in portraits. They are also memorialised in the fine, oak armorial panels decorating our glorious Hall, and in our stained-glass windows, whence the coats of arms of many Middle Templars, Royalty and Peers, including Lord Carson of Duncairn, gleam down on us as we dine. Of the Inn’s portraits, the largest and grandest are undoubtedly those of the seven Kings and Queens who dominate the west end of Hall. However, it is in and around our Bench Apartments that hang the portraits of our memorable lawyers, barristers and judges; and in the Ashley Building, where currently hangs the Inn’s portrait of Lord Carson by P.A. De Laszlo, painted in 1933. Why, then, is Edward Henry Carson my subject? First and foremost, for us lawyers, Carson was an outstandingly successful barrister, who as an advocate achieved eminence and nationwide celebrity; first, in Ireland between 1877 and 1892, and then at our Bar, before sitting as a Law Lord from 1921 to 1929.

Carson: The Man Who Divided Ireland – by Geoffrey Lewis

Second, because for all of Carson’s success in the law, it was in politics that he had the greatest impact on the nation: as the leader and champion of the Ulster Unionists’ cause, battling against the 2nd and 3rd Home Rule Bills, and securing Ulster’s status as part of the United Kingdom and its then Empire. Views on the merits of that impact sharply diverge, but in reviewing the careers of Middle Templars from our past, every impact at the highest level may command our interest, and, with Carson, his impact was colossal. One may ask: what other actively practising Middle Temple barrister or judge stands immortalised by a towering statue, in a major city, dominating its Parliament Buildings, as Carson, in Belfast, has since 1933? An Irishman, born in Dublin, and called at the King’s Inns in 1877, Carson gained a reputation as a brilliant jury advocate and all-round barrister, famous for prosecuting agrarian crimes in prominent, politically charged cases. He was invariably victorious and always fearless; in spite of the mob violence his cases would attract outside (and sometimes inside!) his courts. From the Parliamentary Nationalists, Fenians and agitators who deplored, but respected, these successes, Carson attracted the sobriquet ‘Coercion Carson’; during the 1880’s, he also attracted the friendship and political patronage of the society lioness, Lady Londonderry; forged a life-altering friendship with the Conservative, AJ Balfour; and, by 1889, became the youngest ever Irish QC. In 1892, Carson was elected as the Liberal Unionist MP for Dublin University, and appointed Solicitor General for Ireland. Soon afterwards, Carson was introduced to Charles Darling QC MP, who persuaded Carson to seek re-admission to our Inn and to practise here.

Portrait of Lord Carson by P.A. De Laszlo, painted in 1933

‘You let me paint your name outside my Chambers’, said Darling, ‘and you’ll have five times my practice within a year’. ‘I know I won’t’, Carson said, ‘but I’ll bet you a shilling’. A year later, Darling was proved right, and Carson discharged his bet with the gift of a silver-mounted blackthorn stick, inscribed ‘CD, from EC, 1894’.

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Carson’s application for English Silk, in 1894, was rejected, prompting the press to remark that this was ‘...to the ordinary intelligence, a piece of flagrant injustice’; but it succeeded in 1895 and Carson was soon engaged by Douglas, the Marquess of Queensbury, to defend him against Oscar Wilde’s libel claim, in Wilde v Douglas. On hearing that Carson, whom Wilde considered from his Trinity Dublin days to be a worthy plodder, would be acting, Wilde reacted with amused disdain; but his bravura shrank on hearing of Carson’s reputation, saying: ‘No doubt he will perform his task with the added bitterness of an old friend’. As everybody knows, Wilde’s claim ended in humiliating defeat for himself, and in celebrity for Carson; but Carson wanted nothing to do with the criminal prosecution that followed, vainly attempted to dissuade the Solicitor General from pursuing it and deplored the tragedy for Wilde which ensued. In 1896, Carson co-defended in the major state trial of R v Jameson. Dr Jameson was ‘scape-goated’ and prosecuted for the failure of his ‘raid’ into the South African Transvaal, convicted under the Foreign Enlistment Act, and briefly imprisoned, but Carson successfully defended him against various civil actions, enabling Jameson to resume his career and become Prime Minister of the Cape Colony. When Solicitor General (1900-1905), Carson led in another major state trial: Rv Lynch [1903]. ’Colonel’ Arthur Lynch, an Irish Australian and British subject, had fought for the Boers against the British, was prosecuted, convicted and sentenced to death for the offence of High Treason in breach of the 1352 Treason Act, notwithstanding that his acts were committed ‘outside the realm’. Fortunately for Lynch, and indeed for Britain for whom Lynch gallantly fought in WW1, his sentence was commuted; but Lynch would prove to be an ominous forerunner for the later bringing of treason charges against another Irish Nationalist, Sir Roger Casement, in May 1916. No further appeal, nor mercy of any kind, was extended to Casement. Carson acted in many other notable cases, including: R v Chapman (murder of wives and lovers by slow

poisoning); Cadbury v Evening Standard [1908] where the newspaper’s allegation of Cadbury’s indifference to the use of slave labour in cocoa it purchased from San Thome was held libellous; but Carson’s cross-examination and speech led the jury to award contemptuous damages of one farthing; and Lever Brothers v Associated Press (libel) where the impact of Carson’s jury advocacy was so compelling that (as in Wilde) liability was conceded mid-hearing, and huge damages were agreed. It was, however, the case of a 13 year old Naval cadet, George ArcherShee, dismissed by the Royal Naval College for the alleged theft of a five-shilling postal order, that inspired Carson beyond all others. The boy consistently maintained his innocence: but how could this be undone, or the dismissal even challenged?

In a cause célèbre, later dramatised in Rattigan’s The Winslow Boy, Carson had first to surmount the Admiralty’s claim of Crown immunity and he only succeeded in the Court of Appeal, where one Lord Justice kept helpfully interrupting his opponent with: ‘Yes, yes; but where are the facts? We want the facts’. At the hearing Archer-Shee’s evidence was rock-like and Carson cross-examined destructively, in particular undoing the postmistress’s ‘convinced’ identification evidence: the Crown surrendered, and the press celebrated the outcome as: ‘... not so much the triumph of the law, as the triumph of a great lawyer, Sir Edward Carson… Even law may be... impotent without personality’. How did those who knew his advocacy appraise it? For Sir F.E. Smith (later Lord Birkenhead), who appeared against

The Archer-Shee Case: Undoing the postmistress’s identification evidence In chief, examined by Mr Horace Avory for the Admiralty: ‘ Are you sure that it was the same cadet who cashed the five-shilling order as bought the one for fifteen and six?’ – ‘Perfectly’.

In cross-examination by Carson: ‘ Is there anything in your books to show the order in which postal orders are dealt with, or the time?’ – ‘No’. ‘So that, on the point whether the same person cashed the five-shilling postal order as bought the one for fifteen and six, we must rely on your memory?’ – ‘Yes’. ‘ Are not all these cadets very much alike?’ – ‘Yes’. ‘ All smart, good-looking boys about the same age?’ – ‘Yes’. ‘ When did you first know anything was wrong?’ – ‘The petty officer came up that night, and asked me if a cadet had cashed a postal order, who had no right to it’. ‘ It was he who first suggested to you it was a cadet?’ – ‘Yes’. ‘ Did he say he had given leave only to two cadets?’ – ‘I am not sure’. ‘ Did he say that such people were not wanted in the Navy?’ – ‘Yes’. ‘ Was he in a very excited condition?’ – ‘I thought so. I have said that he was almost raving’. ‘ Did you say a word to anybody that evening about it being the same boy who bought the fifteen and sixpenny order who cashed the five shilling order?’ – ‘I did not say it to the petty officer’. ‘ Did you even say it was a cadet who cashed the order?’ – ‘If I said “I did not” to Mr Elliott KC, it must be correct’. ‘ Can you remember anyone else at all having a transaction or conversation with you at all that day?’ – ‘No’. ‘ Do you remember the appearance of anyone at all who called that day?’ – ‘No’. ‘ Do you remember if any of the cadets’ servants called?’ – ‘No’. ‘ So you paid no attention to anybody else that day?’ –’No’. ‘ And no one has ever attempted to test your memory on that point until now?’ – ‘No’.

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persuasive in the House of Commons or at Ulster rallies as he had already shown himself to be in the law, before judges and juries. Nor was Carson’s political career set back – or even stalled – by his doughty and likely illegal actions in 1913/14. By May 1915 Carson was appointed Attorney General; and in December 1916, on Asquith’s resignation, First Lord of the Admiralty.

Signing the Covenant in City Hall, Belfast (Ulster Museum)

and with him in several cases: ‘Carson was the greatest advocate the English Bar has produced since Erskine’; for Viscount Hailsham LC: ‘…the most brilliant advocate of his day’; for Edward Marshall Hall: ‘I have had to fight all the men who have made reputations …and you are the only advocate I have feared as an opponent’; and for Lord Atkin: ‘the greatest advocate of the lot’. In politics, Carson’s career was devoted to maintaining the Union of Great Britain with all Ireland, and to opposing Home Rule. When that Union could not stand, he devoted his energies to the narrower objective of preserving Ulster within it. Carson forged strong relationships with Conservative leaders, notably AJ Balfour and Bonar Law. He accepted the leadership of the Ulster Unionists and in 1912 inspired 417,414 men and women to sign the ‘Ulster Covenant’. He pledged, with them, to resist by ‘any means necessary’ the imposition of Home Rule, and he condoned the running of guns to Larne, to make that pledge meaningful. By 1914,

Home Rule had still not been got through and, after the war, its imposition on Ulster was unattainable. Carson’s narrower objective thus succeeded, albeit with a Belfast Parliament rather than the Westminster one that Ulster and Carson had wanted. Carson and his impact on Ulster and Ireland have attracted differing opinions. To Ulster unionists, Carson was ‘the man who laid down everything, sacrificed everything, to come across to Ulster and help her to save herself’ (per James Craig, later Lord Craigavon). To Nationalists, Republicans and others, Carson was, for all his acknowledged charisma and power, indifferent to the prevalent desire in Ireland as a whole for Home Rule or independence, content for Ulster’s unionism to trump Irish democracy, and willing to carry resistance to virtually any length, even if that led to partition or civil war.

In 1932, the Inn recognised Carson by commissioning Philip de Laszlo to paint him. A leading portraitist of the day, he declared his delight at painting ‘one of the most interesting and picturesque men of our times’. Carson had already twice been painted by that other great portraitist, Sir John Lavery, but neither work had pleased him, and neither possesses the mellow serenity, grace and obvious likeness of this rendering by de Laszlo. In 1958, a charming statuette of Carson enhanced our memorabilia. Alas, that was stolen many decades ago, leaving us to treasure our portrait all the more.

What people of all persuasions agree is that Carson was a formidably effective spokesman for his cause, as

Statue of Sir Edward Carson, Stormont, Belfast

Carson about to speak at the Blenheim Palace Rally (House of Lord Records Office)

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On Carson’s death, Britain accorded him a state funeral with full pomp. Conveyed to Belfast by warship, his coffin draped in the Union Jack was carried to St Anne’s Cathedral, where the choir sang his favourite hymn: I Vow to Thee, My Country. He remains the only person buried there; and, at Stormont, his statue retains today its solitary, lofty domination over Parliament Buildings that he hoped would never be required.

UNSHAKEN & UNSHAKEABLE

MASTER JOHN MITCHELL

Unshaken Unshakeable Master John Mitchell was Called to the Bar in 1972 and made a Bencher in 2012. He was appointed a District Judge in 1999 and a Circuit Judge in November 2006, sitting in both the County Court and the Family Court in London. He retired in 2017. Master Mitchell is Chairman of the Middle Temple Historical Society.

During the Great War the damage caused to the Inn’s estate was minimal. An anti-aircraft shell missed Gotha bombers and fell through the roof of the Queen’s Room without doing more than making a hole in the floor. Bomb damage was caused to the upper floors of 1 Hare Court and a second, unexploded, bomb was found in Hare Court itself. However, there was no complacency at the resumption of hostilities in 1939. Aircraft development and the experience of civilian bombing during the Spanish Civil War and of Warsaw ensured that preparations were swiftly made. The Middle

Temple organised air raid precautions and staff, residents and members volunteered to act as firefighters, wardens and first aiders. The Inn’s workmen developed an understanding of the roof structures, gas controls and water hydrants. Lectures were given on the use of stirrup pumps and the danger of gas. However, the training went untested during the year of the ‘phoney war’, which ended on Saturday 7 September 1940. There followed raids on 56 out of the next 57 nights, during which more than 18,300 tons of bombs fell on London. On the seventeenth night, the Temple

experienced the horror of modern aerial warfare for the first time. Harold Nicholson, a resident of 4 King’s Bench Walk, spent the night of Tuesday 24 September 1940 at his office in Whitehall. He heard the drumfire of anti-aircraft batteries and wrote in his diary that when they drop into silence, ‘one hears above them, irritating and undeterred, the dentist’s drill of the German aeroplanes, seemingly overhead, appearing always to circle round and round, always ready to drop three bombs and then…crump, crump, crump somewhere’. The next morning was cold, bright and cloudless but a pall of smoke and the smell of burning stained the air. As Nicholson reached the Temple he found water, soot and burnt paper everywhere. During the night six bombs had hit the Temple. A bomb had fallen through the roof of Inner Temple Hall, wrecking the interior. All the stained glass had been blown into Lamb Court where it lay smashed and twisted, Chambers in both Elm Court and Crown Office Row were flattened and two cornice stones from Elm Court, each weighing a ton and a half, had been blasted into Pump Court. A member of the Inn, writing under his pen-name of Cyril Hare, was to recall how ‘the mellow, placid Courts, ghost-haunted by the illustrious dead [had vanished] into ugly heaps of charred timbers and brick dust’. Further damage was caused on Tuesday 15 October 1940 when a parachute landmine fell in Elm Court but it was the force of the explosion rather than impact which caused widespread devastation. Fig Tree Court and Crown Office Row were all but destroyed and roofs and windows were shattered throughout the area from Lamb Building in the east, to Garden Court in the west, and from Brick Court in the north, to Plowden Buildings in the south. A huge piece of masonry was blown through the East Gable of Middle Temple Hall, smashing the gallery and badly damaging the Screen. The next day bewildered people wandered dismayed and angry over ground which was covered by a thick layer of what seemed like brown snow. On the Sunday 8 December 1940, the Hall was thankfully spared further significant damage when a second landmine exploded immediately to its west, creating a crater 18 feet

Trinity Call in the bombed out Hall in 1941

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deep and 40 feet wide and all but demolishing the neo-gothic Victorian library. 50,000 dust covered books spread three feet deep over the floor were recovered and following further damage a temporary library was opened in the Common Room on Thursday 2 January 1941. The nightly watch continued, manned not only by the staff and members of the Inn but also barristers’ clerks. In January, the Senior Warden was mobilised and recalled that his first night in the RAF was his first night of unbroken sleep for months. TF Hewlett, the Under Treasurer, did not keep a diary of the Blitz. As he later explained, ‘As the raids increased in intensity the chances of survival, either of the Temple or its wardens, appeared small and it hardly seemed worthwhile’. The threat turned from high explosives to incendiary bombs which fell on the Inn twice in the next three months. But it was not until the clear and moonlit night of Saturday 10 May 1941 that three bombs and incendiaries caused significant damage, which was aggravated by winds and, because the Thames was at low tide, a lack of water. The Master’s House, all but the outer walls of the Church, the Cloisters and most of Pump Court were destroyed. Elsewhere fires raged in both the Cities of London and Westminster. Five Livery Halls and the House of Commons Chamber were lost and national symbols such as the Tower of London, Westminster Hall and the Abbey damaged. Buildings smouldered for days. Thereafter further firefighting precautions were taken, including using the Fountain and the basements in Brick Court as static water tanks. Nightly watches continued but apart from some nuisance raids in 1943 and many nightly alerts, incendiaries fell only once more on the Temple. On that occasion nine buildings were damaged but the greatest threat was to the Hall. Although its cupola was destroyed, hours of firefighting saved the roof. The flying bombs and V2 rockets of 1944 also missed the Inn although buildings were further damaged when two doodlebugs exploded nearby. The experience of night watching during this period was vividly described by an anonymous lady barrister and long term Inn resident

in her post-War memoir, Middle Temple Ordeal:

Throughout those years, the inmates slept like cats with one ear open ready to distinguish the ‘alert’ from the many other sounds to be heard- the trams on the Embankment, the river craft hooting down the Thames, the screech of an owl. Five clocks striking, never in unison, the cable in the garden winding the [barrage] balloon either up or down and from daylight, several local cockerels and the trumpet sounding Reveille on the training ships. By day, life in the Temple continued albeit amid novel surroundings. The Inn kept rabbits and the Inner, hens. A cuckoo sat in a tree in Fountain Court. Wild plants and grasses including rosebay willow herb flourished in the ruins to such an extent that a visitor remarked that ‘It’s as good as Kew’. And in 1941 the Trinity Term Call was held in the ruined Hall. The war in Europe ended on Wednesday 9 May 1945. Celebratory bonfires were lit, including one in Chancery Lane where a sober looking gentleman wearing a wing collar, encouraged by a crowd, added broken doors to the flames. Harold Nicholson too noticed the smell of bonfires as he walked back to the Temple:

Looking down Fleet Street one saw the best sight of all- the dome of St Paul’s rather dim-lit and then above it a concentration of search-lights upon the huge golden cross. So, I went to bed. It had all been as Wellington said of Waterloo ‘the damn-nearest run thing you ever saw’. One hundred and twenty two of the 285 sets of chambers and the new library had been totally lost and all the main buildings had been extensively damaged. Timber roofs have an elasticity which helps them withstand shock but the Hall could not have survived a direct hit from a rocket. and timber is especially vulnerable to incendiaries. But the Hall and with it the Inn had survived, in part due to chance but also because of the sustained dedication of many volunteers; staff, members, residents and clerks, who acted as wardens, watchers and firemen and who maintained the life of the Inn over five years.

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Damage to Brick Court after the raid of 15 October 1940

On Tuesday 12 December 1944 Queen Elizabeth had dined for the first time as a Bencher. Replying to the Loyal Toast she spoke of the hazards which had been overcome:

It is well to be reminded that whilst our walls may crumble, this is of small account so long as the virtues and graces for which this Inn has ever stood continue unshaken and unshakeable. It is upon their foundation that you will rebuild. And rebuild, the Inn did. A more detailed account of the Inn during the War and its post-war rebuilding, written by Master Eric Stockdale appears in The History of the Middle Temple. Middle Temple Ordeal has long been out of print but copies are sometimes available on Amazon.

THE CEREMONIAL PLATE OF THE MIDDLE TEMPLE

MASTER JOHN LESLIE

The Ceremonial Plate of the Middle Temple Master John Leslie was a Queen’s Bench Master from 1996 to 2016 and has been a Bencher of the Inn since 2002. He was appointed Master of the Silver in 2017. He grew up surrounded by silver, as his father’s business was in the London Silver Vaults; so he has had an interest in it all his life.

The Inn’s Silver Catalogue lists ‘The Ceremonial Plate of the Middle Temple and the New Inn’. In particular it describes two ‘Panierman’s Horns’, nine ‘Badges for Watchmen, Porters or Warders’, three ‘Ceremonial Porter’s Staves’ and a large ‘Silver Oval Breastplate’. Immediately, some questions may arise: ‘Who was a “panierman” and why did he have two horns?’. ‘What is or was the “New Inn” and why does the Inn have its plate?’

The Horns and the Panierman The older of the horns is made from an elephant’s tusk with five silver bands, but with a replacement mouthpiece mounted on a section of buffalo horn; the silver bears the hallmark for 1716. The Inn’s records show that it was acquired in 1716/17 for the then panierman, Richard Claypoole. As it is very fragile it has been mounted on a plinth, which bears the date 1927. Its fragility probably led to it being out of use by the early 20th Century as the second horn first appears in the records in 1904. This is altogether simpler, being entirely of buffalo horn with the rim and mouthpiece in silver; hallmarked for 1903. The Oxford English Dictionary gives ‘pannier’ as a variant of ‘panier’ and defines it as a large basket for carrying food, etymologically originating from the French ‘pain’ and Latin ‘panis’ – bread – thus, perhaps, originally a breadbasket. Its contemporary meaning has come to include the bags or containers slung on a motorcycle, viz those slung on beasts of burden. The Dictionary then defines the word ‘pannierman’ as ‘the name of a paid officer in the Inns of Court who brought provisions from

The Panierman’s Horn

market (with a horse and panniers) and had (in later times at least) various duties in connection with the serving of the meals etc.’ and, further, quotes a work of 1661, stating that the pannierman’s ‘Office was to blow the Horn for Dinner and wait at the Barristers table’. The Inner Temple also had a panierman and their Horn remains in their collection. It dates from about 1785 and is similar in form to the more modern one in our collection. This conjures up an audio picture of the potential cacophony as the Horns were sounded around the Middle and Inner Temples as dinner approached. Incidentally, the writer remembers that the tradition of blowing the Horn around the Inn to announce dinner continued into the late 1960’s or early 1970’s (then by the Head Porter). At certain times of the year this was at the same time as the lamplighter made his rounds of the gas lamps. The legend was then current that the sounding of the Horn had originated as the means to call the young gentlemen students of the Inn back from wild fowling in the marshes on the south side of the Thames before the door to Hall was locked for dinner.

Badges and the New Inn There are seven badges for the Middle Temple officers and two for those of the New Inn. The former date from 1828 to 1851 and have the Inn’s emblem of the Holy Lamb chased onto them; this derives from the coat of arms of the Middle Temple blazoned, in heraldic terms, as ‘Argent on a plain Cross Gules, the Holy Lamb Or’ familiar to all Middle Templars as describing a red cross on a white ground with the Paschal Lamb at the cross. The latter two badges date from 1833 and bear the coat of arms of the New Inn, which are blazoned as ‘Vert a Flower-pot Argent maintaining Gilly-flowers Gules’ which may be described as ‘A silver/ white vase containing red carnations on a green ground’. These were the badges of office of the Watchmen, Porters and Warders of the Inns – each is named and numbered thus: the Middle Temple badges – ‘Watchman No. 1’, ‘2’ and ‘3’; ‘No.4 Watchman and Porter’; ‘Porter No. 5’ and ‘Warder No.1’ and ‘2’ and the New Inn badges – ‘Porter No.1’ and ‘2’. These officers were constituted constables within their Inns. The New Inn was an Inn of Chancery. These Inns (over time they totalled about nine in number) were so called from their origin in about the 14th Century as the offices of and accommodation for clerks in Chancery who were in holy orders; they worked for the Lord Chancellor, who himself at that time was also always a cleric. Although the origin of the names of these Inns and of the Court of Chancery (now the Chancery Division of the High Court) is the same, the members of these Inns, as they evolved, were by no means confined to the Chancery Bar. Over time, the Inns evolved into college-like establishments where students prepared for entry to an Inn of Court, each Inn of Chancery

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attached to more modern buildings or groups of buildings (as Clement’s Inn above), although much of the original premises of Staple Inn has survived and is still in use by the Institute and Faculty of Actuaries. So, as an establishment which originally prepared students for admission to the Inn, these badges came into the Inn’s collection upon the demise of the New Inn.

The Breastplate and the Staves All members of Middle Temple will have seen and be familiar with at least one staff and the breastplate used and worn by the Head Porter when he leads the procession of Benchers and guests at formal dinners in Hall. The silver breastplate bears the coat of arms of the Inn displayed in a garland of flowers and acanthus leaves. It is engraved on the reverse with ‘The Messenger to the Hono.ble Society of Ye Midle Temple’ and with the letter ‘T’ above the initials ‘HC’ for Master Henry Chauncy, who was Treasurer in 1685/6. It bears the hall mark for 1686.

The Breastplate, used and worn by the Head Porter

being attached to an Inn of Court: Gray’s had Staple and Barnard’s Inns, Lincoln’s had Thavie’s and Furnival’s and Inner Temple had Clifford’s, Clement’s and Lyon’s. Middle Temple originally had Strand and St George’s Inns. The Strand Inn may also have been referred to as Chester Inn as the premises were close by the London house of the Bishop of Chester. However, in the 16th Century, those premises, which were situated near the church of St Mary le Strand (the church still in the Strand, now opposite the main entrance to King’s College), were taken and demolished to allow for the erection of Somerset House. At about the same time the students of St George’s Inn joined their fellows from Strand Inn, because their buildings were falling into disrepair and, at the eastern end of Fleet Street, were some distance from Middle Temple. The students removed to (the then aptly named) New Inn which was established immediately to the west of Clement’s Inn in the premises of a hostelry or ‘common Inn’ which had operated under the sign of the Virgin Mary as ‘Our Lady Inn’. The site of Clement’s Inn is immediately to the west of the Royal Courts of Justice and, although nothing remains of the original buildings of either of these Inns, the buildings now there, many occupied by the London School of Economics and Political Science, retain the name Clement’s Inn. In the 17th Century the Inns of Court started excluding lawyers who were not to practise or who were not practising at the Bar. Thus, solicitors and attorneys became the sole members of the Inns of Chancery, although it is evident that some connections between the Inns of Court and their Inns of Chancery continued until the latter were finally dissolved in the late 19th or very early in the 20th Century. All that remain of most of them are their names

The three staves are, first and grandest the Inn’s Temple Church Staff. At its head is a Lamb and Flag cast in silver as the finial mounted on a silver pommel and collar, which is hallmarked for 1684. The shaft of the staff is lignum vitae – said to be the densest wood of all. In procession in the Temple Church it is born by the Head Porter alongside his Inner Temple counterpart bearing that Inn’s Church Staff; this is dated to about 1705, fashioned from bamboo with a handsome silver finial mounted with the Pegasus of the Inner Temple. The second staff is the Head Porter’s made of ebony with a silver finial engraved on the top with the Lamb and Flag. It is also engraved, on the upper section, with the date 1733 with a ‘T’ above ‘CW’, although the staff is thought to be earlier, there being no hallmark to verify a date of its making. It is also engraved with the words: ‘This Staff Belongs To Ye Honble Society Of Ye Middle Temple’. It has a brass ferule at its foot. The third staff is the Under Porter’s. The silver finial is engraved on the top with the Lamb and Flag and, on the upper section, similarly to the Head Porter’s but with the date 1755 and the cipher for the Treasurer of that year, Master Benjamin Smart – ‘T’ above ‘BS’. The shaft is made of elm and is thought to be a 19th Century replacement of the 18th Century original. It too has a brass ferule. The brass ferules on the feet of the Head and Under Porters’ staves have had to be sturdy. They have had to withstand the three loud and measured blows on the floor (as have the oak floorboards) administered by their bearers in order to announce to the members of Hall that the processions to and from the High Table are about to start. It is curious that those three measured blows are the same as are used elsewhere; most curiously in the mind of the writer as those given at La Comédie Française to announce the raising of the curtain and the start of the performance. But research as to any link between the two will have to await another day. Amongst so many other much more important things in the Inn, one effect of Covid-19 has been the delay in the completion of the display cabinets for a rotating display of items from the Inn’s silver collection. The cabinets have been installed in the vestibule outside Master Treasurer’s room, but final insurance inspection, internal finishes and the finalising of the first items to be displayed have yet to be completed. It is to be hoped that this may be achieved by the end of the year.

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JUSTICIABILITY – A FORGOTTEN SAGA

MASTER DAVID BLUNT

Justiciability - A Forgotten Saga Master David Blunt had an extensive and wide-ranging national and international civil practice with particular expertise in construction and engineering, information technology, and professional negligence. He served as Chairman of the Inn’s Students’ & Barristers’ Affairs Committee from 2007-2012 and was the Chairman of the Burton Pupillage Information Committee, established in 2012.

The Supreme Court`s decision in R (on the application of Miller) v The Prime Minister [2019] UKSC 41, that the Prime Minister`s advice to the Queen in August 2019 that Parliament should be prorogued, gave rise to some controversy. Amongst other criticisms, a number of commentators expressed the view that the court`s conclusion in relation to the justiciability of the issue was ‘novel’ or ‘surprising’. Some politicians stated that it was simply wrong, and it appears that perception is fuelling suggestions that the government might legislate to limit the powers of the courts. In my view, the ruling on this issue was neither novel or surprising, as is illustrated by the now forgotten case of R v the Home Secretary ex parte McWhirter (The Times, Tuesday 21 October 1969), which concerned proposed changes to constituency boundaries thought to favour the Opposition (the Tories) by between ten to 20 seats. Needless to say, this was an extremely hot political potato at the time. The proposed changes were recommended in a 1967 report of the Boundary Commission for England. Section 2(5) of the House of Commons (Redistribution of Seats) Act 1949 provided: As soon as may be after a Boundary Commission have submitted a report to the Secretary of State under this Act, he shall lay the report before Parliament together …with the draft of an Order in Council for giving effect, whether with or without modifications, to the recommendations contained in the report.

When, by June 1968, the report had not been laid before Parliament, Quinton Hogg MP tabled a Motion in the House of Commons calling on the UK Home Secretary James Callaghan to implement the recommendations in the report. The Wilson government

used its majority to ensure that the Motion was rejected. A Mr McWhirter then applied to the Divisional Court for an order of mandamus requiring Mr Callaghan to lay the report before Parliament. I was one of the Government`s legal team instructed to oppose the application.

…in later life

Mr Callaghan was ashamed of this incident – which his official biographer described as ‘a simple gerrymandering exercise by the Labour Government’. In spite of the highly political nature of its subject matter, the Government did not contend that the application was not ‘justiciable’, though other points were taken. In the event the Court was informed that the Home Secretary did intend to lay the report before Parliament, counsel for Mr McWhirter asked for costs in Mr McWhirter`s favour, and Lord Chief Justice Parker expressed reluctance to devote a day and a half to the issue of costs. The court adjourned briefly, Mr McWhirter agreed to withdraw his application and the Government agreed to make an ex gratia payment to him – its purpose and amount being

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unspecified. This brought the legal proceedings to an end. The fact that no justiciability point was taken by the Government might be dismissed on the basis of my lack of learning and inexperience (I had been Called to the Bar less than two years before) had I been alone, but the whole team consisted of the Attorney General Sir Elwyn Jones QC, a veteran politician, the Treasury Junior Gordon Slynn, later Advocate General to the European Courts of Justice and a judge of the High Court, the Court of Appeal, and the House of Lords, and John Bailey, later the Treasury Solicitor. Mr Callaghan did lay the report before Parliament, together with a draft of the prescribed Order in Council, and then, following a debate (HC Deb 12 November 1969 vol 791 cc 428 – 555), used the Government`s majority to reject the Order. It has been said that in later life Mr Callaghan was ashamed of this incident – which his official biographer described as ‘a simple gerrymandering exercise by the Labour Government’. I do not recall any academics or other commentators suggesting at that time that Mr McWhirter`s application was not justiciable. Likewise, no one suggested that the courts could interfere with the ‘proceedings’ in Parliament. The points taken reflected the general understanding, held at that time by lawyers and parliamentarians alike, as to the boundary between the courts and Parliament – established in the constitutional settlement substantially concluded by the end of the 17th Century. I know of nothing which has occurred since 1969 to call in to question what was then the received view. On a personal level, the case was a quite a dizzying experience – being in a room with the Attorney General on the telephone to the Prime Minister, and, at that age, being asked my opinion as to the likely outcome of the pending application. It is one of the excitements of the Bar that there is always the chance of being catapulted into a case of unexpected interest and significance, even at a young age.

BOOK REVIEW

MASTER ANDREW LONGMORE

Simon Brown’s Memoirs Book Review by Master Andrew Longmore Master Andrew Longmore was educated at Winchester College and Lincoln College, Oxford. He was Called to the Bar in 1966 and took Silk in 1983. A Judge of the High Court from 1993, he was appointed a Lord Justice of Appeal in 2001 until his retirement in 2019. He was Autumn Reader in 2010.

The curious title stems from an occasion when Master Nigel Wilkinson, peeved by a belittling remark from the author with whom he was playing in the Scrutton Cup, deliberately hit the ball onto the roof of the clubhouse at Woking and then insisted that Master Brown should play the ball as it lay. A ladder was procured and our hero was required to climb up and play the ball from the roof. Miraculously he succeeded in getting the ball onto the green. Somebody then leaked the story to the Daily Telegraph which gave it half a page spread, complete with a photograph of the roof and our hero in full-bottomed wig and court dress. Golf only occupies one chapter, however, and most Middle Templars may be chiefly interested in the author’s time at the Bar and on the Bench. He records Lord Bingham’s advice to a student to ’Go to the Bar – that’s where the magic is’ and then proves how right Lord Bingham was. He tells how a client once took the oath on a steak and kidney pie, how an apparently guilty teenager on being asked how he pleaded said ’I plead, most emphatically, not guilty’ and was indeed acquitted and how an acquitted arsonist told his startled counsel that there was no need to worry about his future conduct since he had just landed a job as assistant groundsman at Lord’s. But the highlight of Master Brown’s life at the Bar was undoubtedly the time he spent as Treasury Devil. He lifts the lid on both the pleasures and the agonies, which even earned him the right to take part in Lord Denning’s valedictory and said that generations to come would recall that ’short sentences are best, and verbs optional’. I once attended a seminar on Judgment Writing given by Lord Bingham. He began by saying that the opening

Available to buy from Amazon

This ‘delightful patchwork of memories’ (as Master Brown modestly calls it) deserves a wide readership among Middle Templars and beyond. It is full of fascinating and highly amusing stories about life at the Bar and on the Bench. Nor is it confined to such matters; as its title suggests there is much about outside interests, his prowess (or lack of it) on the golf course among them. Even the introduction tells a good story in which the author is castigated by a new and young golfing acquaintance for having had the same wife, the same house, the same model of car, the same holiday destination and the same golf club for 50 years. This unnamed City banker suggested that Master Brown must be bored out of his mind. The book is essentially an explanation of how wrong that new acquaintance was.

paragraph of any judgment of Master Brown was invariably a model of how a judgment should begin. He then read a couple of examples and it was apparent that they contained a succinct of the issues in the case which anyone could understand. So it is with this book; although narrated in an amusing and detached manner, no word is wasted and any temptation to go into deep legal analysis is firmly resisted. The book is loosely chronological (although it is not until the author is firmly on the Bench that he reveals that he swam the Bosphorus as an undergraduate) and describes the tribulation of his first murder case as well as the pleasure of being a Circuit Judge. He tells how the chair of the Norwich Housing Committee, on being invited to dinner in the Norwich lodgings and being invited to retire with the other ladies, proceeded to make apple pie beds for him and his clerk as a retaliatory gesture. Of all the courts in which Master Brown sat it seems that it may have been the Court of Appeal which he enjoyed the most but there is no doubt that the House of Lords and the Supreme Court gave greater scope to his talents. Only towards the end does a slight note of disillusionment creep in when he describes some of his colleagues in the Supreme Court as betraying excessive soft-heartedness. He then gives this as his explanation for ceasing to oppose Lord Sumption’s appointment to the court straight from the Bar. I have naturally tried to find an error in the book but that has proved difficult. I would only say that anyone brought up in Shropshire will be surprised to see Gobowen described as ‘a small branch line station’. At the time when Master Brown disembarked there to begin his National Service training in 1955, it was on the main line from Paddington via Birmingham to Birkenhead. Even now it is on the main line from Cardiff to Holyhead. Do get and read the book. It is utterly engrossing.

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BOOK REVIEW

MASTER PETER MURPHY

The Postcard Murder A Judge’s Tale By Master Paul Worsley Book Review by Master Peter Murphy Master Peter Murphy was Called to the Bar in 1968. In 1983 he was appointed to the committee which created the American Inns of Court Foundation of which he is a lifetime emeritus trustee. From 1998-2007 he was defence counsel at the International Criminal Tribunal for the Former Yugoslavia in The Hague. He was appointed a Circuit Judge in 2007 and sat at Blackfriars and Peterborough Crown Courts until his retirement. He was made a Bencher in 2013 and was Autumn Reader in 2018.

I was reminded of this traumatic episode in my professional life when Master Worsley asked me to review his book The Postcard Murder: A Judge’s Tale. The publisher’s back cover promotion of the book describes it as a ‘vintage whodunit’, which in a sense I suppose it is. But it is a description that misses the essential point of this imaginative and meticulously researched and

written inquiry into a judicial mind, because this is a book concerned less with a murder case than with the wisdom and foibles of the judge who tried it. I doubt that readers in the legal profession will find any great mystery in the outcome of the trial, any more than the Yorkshire soothsayer did in my client’s case. But Master Worsley’s analysis of Mr Justice Grantham, then as now a controversial figure, makes The Postcard Murder a compelling read. The story begins on Friday 13 September 1907, when the Daily Mail reported the discovery of the naked body of a young woman, referred to as Mrs Shaw, in the bedroom of her flat in Camden Town. She had been brutally murdered, her head almost severed from her body as a result of a wound to the throat. The body was discovered by her husband, Bert Shaw, a restaurant car attendant for the Midland Railway, on his return from a journey to Sheffield. Bert also discovered a postcard album, usually kept in the living room, lying in the bedroom with a number of the postcards pulled out. A number of items of value were missing, including Mrs Shaw’s wedding ring, though other equally valuable items were not taken. Almost at once, the case took on a somewhat scandalous aspect. Emily Elizabeth Shaw, née Dimmock, was not married to Bert Shaw, though they had been living together since

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My first introduction to Master Paul Worsley took place when we were both much younger and plying our trade at the Bar, I in London and Master Worsley in a more northerly clime. A client of mine was foolish enough to expand his horizons beyond London to try his luck as a burglar of commercial premises in Yorkshire. I represented him at his trial in York and we were prosecuted by Master Worsley, who tells me he does not remember the case. I do. The defendant ran the defence of alibi, claiming that at the relevant time he had been tucked up in bed with a woman he should not have been tucked up with. It turned out that the lady in question, an essential defence witness, had form for attempting to pervert the course of justice. Not promising, as these things go. On the second day of the trial a local solicitor and soothsayer approached me in the robing room, and in a doom-laden voice, prophesied, ‘It’s a London defence, is that. They’ll not have it up here’. He was quite right: they did not.

January of the same year. Moreover, to the men she took to bed for money, she was known, not as Emily, but as Phyllis. Instantly, the case took on a dimension other than its first impression of a burglary gone wrong. Men she knew in the King’s Cross area where Phyllis had plied her trade, whether clients or not, became suspects overnight as a group. One such man was eventually elected – or, perhaps more accurately, elected himself as the prime suspect. His name was Robert Wood. He was a talented commercial artist and craftsman in glassware, employed by a firm in Gray’s Inn Road, who was rapidly making a name for himself with his innovative creations. Wood was not only a man of previous exemplary character, but also one seen by friends and colleagues as kind, courteous and of a peaceful disposition. But he was also to demonstrate another remarkable talent – one for putting himself in

peril by means of disastrously ill-judged efforts to prove his innocence. The worst of these was soliciting a former lover, a prostitute called Ruby Young, to provide him with at least one false alibi. His father, an eminently credible witness, was later to provide him with a credible alibi for the actual time of death – which the proposed alibis by Ruby Young did not cover. Wood had undoubtedly struck up a relationship with Phyllis at the Rising Sun pub on Euston Road, one of her haunts, though he insisted, almost certainly untruthfully, that it had begun only a week before her death. He had undoubtedly been with her earlier on the night of her death. Then there was the postcard, which had not been found during the initial investigation, and was discovered, having apparently been deliberately concealed, only two weeks after the discovery of Emily’s body. Its content was innocuous enough, a simple request for an assignation. But an accumulation of circumstantial evidence convinced the police that the man who had written it was the murderer and had killed Emily during an unsuccessful attempt to recover the postcard. Ruby Young would later give evidence that she recognised Wood’s handwriting on the postcard when an image of it was published in the press; and Wood would admit to the police, under caution, that he had written it, although he had not come forward to say so when it was first publicised. But there was never any direct evidence against Robert Wood, and, but for his own ineptitude, it may be that he would never have been charged. Master Worsley has Grantham sit down in the comfort of his club, the Athenaeum, after the excitement of the case has died away to some extent, and relate his recollections of the case to his son, William, a barrister. His final verdict on his conduct of the case is striking. ‘William, I fear that I got it wrong. I should never have addressed the jury as I did. I was wrong to [comment so strongly on the evidence] … That was a decision for them to make without pressure from anyone, however experienced a criminal lawyer.’ This is interesting on a number of levels. Master Worsley includes Grantham’s obituary in The Times, which refers to his conduct of the

second of the two cases in which the unfortunate Adolf Beck was wrongly convicted as a result of misleading identification evidence. This case was to prove the basis, not only for our contemporary understanding of the dangers of evidence of visual identification, but also for the creation of the Court of Criminal Appeal as a much needed functional appellate tribunal for criminal cases. Grantham had been worried about the guilty verdict and postponed sentence pending a further inquiry, which swiftly showed that Beck had been wrongly convicted. In his letter to the Home Secretary about the Beck case, Grantham said, ‘In a moment, I determined what to do – to back my own opinion against the evidence’. That was a fair summary of Grantham’s often impetuous approach to his cases and indeed to other aspects of his professional work. It is an instinct of which many judges of his time would undoubtedly have disapproved. But it ensured justice for Adolf Beck, and I personally emerged from the book with the conviction that it also did so in the case of Robert Wood, despite Grantham’s own misgivings. Despite his undoubted abilities as a lawyer and a judge, Grantham’s career was also marked by what The Times called ‘breezy effusions of a spirited nature on the Bench’ and by appallingly ill-judged observations

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about individuals not only on the Bench, but in the political arena. Master Worsley devises a fascinating mental construct for Grantham’s remorse over his conduct of the case of Robert Wood, rooted in Freudian psychology: his deprivation of his mother in childhood, his ‘obsession’ with Emily and Ruby as part of a ‘Madonna-Whore complex’, and even an association in the postcard with the Belgian city of Bruges, which I will leave it to the reader to discover for him or herself. I cannot do full justice to this construct in a review. Suffice it to say that it is brilliantly written and compelling, and does much to illuminate the kinds of inference drawn in those days from circumstantial evidence, which seem so alien to what we like to see as our more scientific approach to such evidence today. There is much more in The Postcard Murder to keep the reader enthralled with Grantham, as a man and a judge. Master Worsley has provided us with a unique insight into a judicial mind in a different time, a time in which, although the outward trappings of the criminal trial may have changed relatively little, the judicial mind was very different. It is a book which perhaps could only have been written by an author who himself exemplified so well the best qualities of an English trial judge during his distinguished tenure at the Old Bailey. Highly recommended.

BOOK REVIEW

MASTER ANDREW EDIS

Court Number One

The Old Bailey Trials That Defined Modern Britain by Thomas Grant Book Review by Master Andrew Edis Master Andrew Edis is a judge of the High Court of England and Wales. He was Called to the Bar in 1980, became an Assistant Recorder in 1994, a Deputy High Court Judge in 2001, Bencher of Middle Temple in 2004 and Senior Treasury Counsel in 2008.

Through 11 detailed accounts of cases heard in Number One Court at the Old Bailey between 1907 and 2003, Thomas Grant charts the shifting emotional and political life of the nation. Some of the cases will be known to some readers already, but others not. Each account is a gripping story, brilliantly told and compelling even where the reader knows what happens in the end. Their collection forms a coherent narrative bigger than its individual parts, fleshed out by social and legal historical context. The last case is the trial of Ian Huntley, in which a guilty man was convicted after a fair trial of the terrible Soham murders, and a woman treated fairly by the judge and the jury in the teeth of public hostility. That is just as well. Most of the first ten are, in one way or another, miscarriages of justice. Even where the outcome was right, there are disturbing aspects to them. The system of criminal justice, of which we have always been proud, is held up to humane and fair scrutiny and is seen to have failed many of the major tests it faced. The role of advocates in securing these outrages, and the active collusion of a series of flawed judges is examined by an insider and historian. Sir Edward Marshall-Hall KC appears as a manipulative charlatan whose later career was built on the trial of Robert Wood in the Camden Town Murder in 1907. He seems to have done the case quite badly. He may, though, have been helped by the fact that the judge told the jury to acquit his client. The defendant seems at this distance to have been fairly clearly guilty. Well done, chaps. The antics of Marshall-Hall were successful, perhaps even justified, in cases where death awaited convicted defendants, where disclosure of material helpful to defendants was not required, and where investigation was in its infancy. Perhaps anything which balanced the scales was acceptable. What is surprising to modern eyes (and those of Patrick Hastings QC, 1880-1952) was his methods were thought to be successful.

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40 years ago, in the robing room at St George’s Hall, Liverpool, I heard an old silk complaining that the abolition of the death penalty had taken all the glamour out of the job. He said that Norman Birkett only did a handful of murder cases and was a household name, while he had done dozens and no-one had heard of him. I have forgotten who he was. He would have found much to confirm his theory in this fascinating book.

The wrongful executions of Edith Thompson, Derek Bentley, Timothy Evans, and Ruth Ellis tarnish the memory of the men responsible for them but only that of Ruth Ellis seems to have attracted public outrage before it happened. It is perhaps the role of the public which is at the heart of this fascinating book. These stories show how public attitudes to race, class and sex have influenced jury decisions, and decisions about cases which were taken by others. If a courtroom reflects society, society should not look at its reflection in this mirror with any pride. Complacency about the system is a common failing in judges and lawyers. I recommend this book as an antidote to that. I began my Bar Finals year a few weeks after the end of the trial of Jeremy Thorpe. The judge in that case, Master Joe Cantley, was a Treasurer of Middle Temple from my Circuit. I appeared before him. He was highly thought of, and well liked: a good judge of his time. It took Peter Cook’s satire and Auberon Waugh’s The Last Word accurately to nail his conduct of that trial, which was, to a modern sensibility, terribly unfair. It happened in living, and to me at least, recent memory. After exposing the frailty of the criminal justice system as the 20th Century wore on, Grant identifies the cumulative effect of improvements all the while. The partial defences to murder and the abolition of the death penalty reduced the emotional intensity of trials. The tape recording of police interviews, improved investigative and forensic techniques, prosecution disclosure and effective judicial recruitment and training have combined to produce fairness and accurate results. Court Number One is not as entertaining now and its lawyers not so famous, but at the modern Old Bailey justice is not just a statue on the roof, but a fact of life. I can say that the Old Bailey today deals in fair trials with proper results, but then ’he would, wouldn’t he?’

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BOOK REVIEW

MASTER JOHN DYSON

Equal Justice

by Frederick Wilmot-Smith

Book Review by Master John Dyson Master John Dyson was Master of the Rolls for four years until he retired in October 2016. He was a Supreme Court Justice from 2010-2012, a Lord Justice of Appeal 2001-2010 and a High Court Judge 1993-2001. Master Dyson was Treasurer of Middle Temple in 2017.

This is the gap which this book seeks to fill and it does so most impressively. In a mere 200 pages, it covers a great deal of ground. It is replete with the learning of other philosophers and rich in references to literature (from classical Greek authors to Shakespeare and many others). The almost 50 pages of endnotes are worthy of study in their own right. They mention the breath-taking amount of learning on which the author has drawn. This a work of philosophy. Its basic thesis is that, if justice is to be provided at all, it must be provided equally for all, without regard to arbitrary factors such as race, gender, class or wealth. Much of the focus of the book is on the role of wealth: inequalities in who gets justice should not be a function of different financial circumstances. So a market in legal resources is a bad way of distributing them. It does not approximate to the ideal of equal justice, because it makes outcomes turn on antecedent wealth rather than the merits of the claim. This leads to the conclusion that a system that affords all would-be litigants a basic level of legal resources will not suffice. And yet this is all that our current system aspires to do. Instead, what is required is a system which provides for an equal level of resources to the parties in an individual case. This can only be achieved by making it impermissible to contract out of the public provision of legal services and providing for a far more centralised control of the legal professions and individualsâ&#x20AC;&#x2122; choices to engage lawyers than we currently have. The author also says that it means that it should not be possible to contract out of the public court system by having disputes resolved privately, for example, by arbitration. He recognises that these are controversial suggestions, but he does not flinch from meeting head on some of the principal objections to them.

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Nobody would seriously question the importance of having a just legal system in a democratic society. Just laws are a necessary condition of such a system, but they are not sufficient. It must also provide for individuals to be able to have their rights vindicated fairly in accordance with just laws. For centuries, philosophers have written about what constitutes a just law. But as Frederick Wilmot-Smith points out in this important book, the design of a fair legal system to apply just laws has been ignored by almost every moral, legal and political philosopher since Socrates, Plato and Aristotle. Nowhere has there been any sustained consideration of how the structure of a legal system might affect the justice of laws, or what a just system of administration of laws would be.

There is much else to savour in the book to which it is impossible to do justice in a short review. It is scholarly and very thought-provoking. I cannot recommend it too highly to anyone who is interested in the fundamental question of what makes a legal system just.

The Free Representation Unit has been around since 1972. Since then we have offered an unrivalled opportunity for junior lawyers, particularly Bar students, to gain advocacy experience at the start of their careers. Many distinguished silks had their first advocacy experience representing a FRU client. We work in the areas of employment, social security and criminal injuries compensation. We act both at first instance and in appeal tribunals. Many of our clients are vulnerable and on low incomes and without our assistance they would likely be litigants in person. Each year on average FRU represents around 500 clients and trains around 1000 students. To find out how you can volunteer for us or make a donation to support our work, please visit our website www.thefru.org.uk

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AMITY VISIT TO CANADA

MASTER DAVID BEAN

Middle Temple

Amity Visit to Canada Master David Bean was Chairman of the Bar in 2002, a High Court judge in 2004, Presiding Judge of the South Eastern Circuit from 2007 to 2010, and a Judicial Appointments Commissioner from 2010 until 2014. In 2014, he was appointed a Lord Justice of Appeal. From 2015 to 2018 he was Chairman of the Law Commission. He was Treasurer in 2019.

Each September for the past 15 years, except when the world is in lockdown, Middle Temple has made an Amity Visit to another common law jurisdiction. There are many purposes to such a visit. It strengthens the Inn’s links with members in the host jurisdiction. It enables Middle Templars in England and Wales to meet judges and lawyers working in another country and to hold discussions, seminars, moots and social events. It promotes the professional interests of members who are seeking work in or from the host jurisdiction. It is also an opportunity to show our support for advocacy and the rule of law throughout the common law world. Over the last decade the Inn has made Amity Visits to the US, South Africa, Hong Kong, Malaysia, Gibraltar, Mauritius and Barbados, but until 2019 we had not been to Canada since a small group went there in 2004.

So, I decided that during my Treasurership we would visit Canada. Our own jurisdiction and Canada have much in common, including a firm commitment to the rule of law, a judiciary appointed on merit and deciding cases without regard to party political considerations. The Inn’s links with Canada go back a long way (for example, the celebrated novelist John Buchan, a member of Middle Temple, was Governor-General of Canada from 1935 to 1940). These links were strengthened in 1966 when Master Harold Fox, a leading patent lawyer, published a scholarship fund which since 1985 has enabled young graduates who have passed the Ontario Bar exams to spend ten months in London and recently Called Middle Templars to spend ten months in Toronto. In planning the trip, we had advice from Master Graeme Mew of the Superior Court of Justice for Ontario,

Bench Call at Osgoode Hall. From left to right – Masters Richard Wagner, David Bean and Sheila Block

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Scott Maidment, President of The Advocates’ Society of Canada and our in-house team of Colin Davidson, Director of Membership and Development, and Oliver Muncey, Membership Manager. The group comprised 58 members of the Inn and 35 guests. The most senior were three former Treasurers: Masters Igor Judge, Derek Wood and Stanley Burnton, respectively called in 1963, 1964 and 1965. Three student members were with us as guests of the Inn including Rebecca de Hoest, winner of the Middle Temple International Essay competition for 2019. Canada is of course a vast country, and we could not visit all parts of it in a week. I settled on Ottawa, the federal capital and home of the Supreme Court of Canada and Toronto, the country’s largest city and commercial hub. We began in Ottawa at a reception in the garden of the British High Commission, on a bright, sunny evening in September. ‘What a wonderful place to be posted’, I said to a senior member of the High Commission staff. ‘Yes’, she replied, ‘but you might not like it as much in February. Winter is a serious business in Canada.’ The next day, after a visit to the Supreme Court and a question and answer session with Justice Andromache Karakatsanis, we had the privilege of hearing an outstanding keynote address by Master Rosalie Abella, the senior Associate Justice of the Supreme Court. This was the only one of the Treasurer’s Lectures for 2019 delivered at a venue other than Middle Temple Hall. Master Abella’s talk ranged over Aeschylus’ Eumenides, CP Snow’s lecture on The Two Cultures, and Michael Frayn’s play Copenhagen. At the end of it, Master Abella said: You cannot be born in the shadow of the Holocaust to two Jews who survived it without an exaggerated and fearless commitment to the pursuit of justice. You cannot grow up indifferent to a just rule of law when every adult you love

experienced the horror of its subversion. And you cannot live a life without idealism when the very fact of your birth reflects a tenacious belief, by parents whose only son had been one of the war’s six million martyrs to injustice, that the world would turn fairer. My father died a month before I finished law school, but not before he taught me that lawyers are democracy’s justice warriors, the people who protect rights, and by protecting rights, protect justice. And that is why I’m so honoured to be asked by the lawyers and judges of the Middle Temple, my Temple, to speak to them about our shared enterprise of protecting justice. My life started in a country where there had been no democracy, no rights, no justice. No one with this history does not feel lucky to be alive and free. No one with this history takes anything for granted. And no one with this history does not feel that we all have a duty to wear our identities with pride and to promise our children that we will do everything humanly possible to keep the world safer for them that it was for their grandparents, a world where all children, regardless of race, colour, religion or gender, can wear their identities with dignity, with pride and in peace.

On to Toronto, where our first hosts were The Advocates’ Society. The next day we had a moot and discussion on Appellate Advocacy held, appropriately, in the Rosalie Silberman Abella Moot Courtroom at the University of Toronto. The leaders on each side were senior Canadian lawyers: the juniors were Michael Harwood, President of Middle Temple Young Barristers’ Association and Ben Joseph, President of the Middle Temple Students’ Association. Each of them was a credit to the Inn.

Bench Call and Dinner at Osgoode Hall

bottleneck for new entrants to the profession; and the fine line to be drawn between zealous advocacy and professional misconduct. The programme ended with a farewell reception at the top of the CN Tower. The whole visit was immaculately organised – a tribute to the skills of the tried and tested firm of Davidson and Muncey. We are lucky to have them at the Inn. Amity Visits are a superb opportunity for members of the Inn at all stages of their professional careers not only to broaden their legal horizons by meeting colleagues in the host country but also to enhance the collegiality of the Inn by getting to know one another better than we otherwise would. We can only hope that once the Coronavirus crisis is over, more Amity Visits lie ahead. Meanwhile the Canadian trip was a memorable one for all of us.

Master Rosalie Abella delivering her Treasurer’s Lecture at the National Arts Institute

The evening saw a dinner in Osgoode Hall and the Call to the Bench of Master Richard Wagner, Chief Justice of Canada, and Master Sheila Block, a distinguished litigator at the firm of Torys LLP (yes, really) and President of the Harold G. Fox Educational Fund: both made excellent speeches on their debut. During dinner, we were reminded of the existing friendship between Middle Temple and Osgoode Hall, as we were flanked by five clusters of four long metal flambeaux the Inn had donated to the Law Society of Upper Canada in 1969, presented by Master Harold Fox himself. On the last day of the visit we held three short seminars with Canadian colleagues on directions to juries; the

The Middle Temple Delegation at the Supreme Court of Canada

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THE ADVOCATES’ SOCIETY

SCOTT MAIDMENT

Reflections on a

Declaration of Friendship Scott Maidment was Called to the Bar of Newfoundland in 1989 and the Bar of Ontario in 1992. He studied law at Queen’s University and the London School of Economics. Scott is a partner with the Canadian law firm of McMillan LLP. He was elected President of The Advocates’ Society and Chair of its Board of Directors in 2019.

At the time of writing, Saturday 7 March 2020 is only a few weeks past and yet it seems to me now like a day from a bygone era. That Saturday found me at Cumberland Lodge in Windsor Great Park, far from my home in Toronto, Canada. As President of The Advocates’ Society, I had been invited to join members of the Middle Temple for a weekend of training pupils in advocacy. Readers will remember that those were the days when new friends were met with a handshake, when there was shared laughter over cocktails, and when dinner conversation ranged over diverse subjects unconnected to the trials of a life in lockdown. For those who may not know, The Advocates’ Society are a volunteer organisation of some 6,000 advocates practising throughout Canada. Founded in Toronto nearly 60 years ago by a small group of leading advocates, The Advocates’ Society today enjoys a place of prominence within the Canadian legal firmament. Among other things, we pride ourselves on being the premiere organisation in Canada for the training and development of advocates as well as the leading voice for advocates within the Canadian justice system. Our mission includes thought leadership in advocacy practice, the cultivation of civility and collegiality at the Bar, enhancing access to justice, improving the administration of justice and supporting the rule of law. At Cumberland Lodge, I was privileged to participate in an intimate signing ceremony with Master Brian Leveson, Treasurer of Middle Temple. Together we signed a Declaration of Friendship made between the Honourable Society of the Middle Temple and The Advocates’ Society. Middle Temple had proposed the Declaration following its Amity Visit to Canada in 2019, during which members of The Advocates’ Society had been pleased to join Middle Templars for a number of stimulating events in Ottawa and Toronto. The proposal of the Declaration had been a touching gesture by Middle Temple, and it had been warmly received. A room full of pupils and instructors looked on as Master

Scott Maidment and Master David Bean at The Advocates’ Society during the Amity Visit to Canada

Leveson read aloud the Declaration of Friendship and then signed it. As I then took up the pen and put my own hand to the paper, I was struck by a humbling thought: ‘While I had enjoyed many friendships, I had never before “declared” one’. Suddenly I felt as I did when a child at school, and some classmate’s good example taught me more in a moment than I could learn in a full term of classes. In the weeks of relative isolation that have followed that signing at Cumberland Lodge, I have had ample time to reflect on what it means to declare one’s friendship with another, and why it is fitting that Middle Temple and The Advocates’ Society should be friends. I now offer those reflections to the members of both great institutions. In reflecting upon what it means to declare one’s friendship, I believe it must first be said that a declaration of friendship is an expression of trust. We express our trust that our friend not only understands that certain things are meaningful to us, but that our friend also understands the value of those things. In this sense, to declare one’s friendship is to bestow an honour upon our friend that is both glorious and intimate. There is perhaps no firmer basis for friendship than mutual respect for one another’s commitment to a common purpose. Our respective members are advocates and judges, and so we practice the same crafts and share many similar traditions. We are each dedicated to the rule of law and we work to support the proper administration of

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subtly but meaningfully altered. Things that mattered not to us alone now matter to us for our friend’s sake. The claim of friendship thereby alters those lights that guide our actions. That is not to say that friendship is a relation in the nature of a bargain, or that friendship deprives us of ultimate dominion over our own conduct. It is to say only that in friendship we are given the choice of whether to act in accordance with the trust implicit in that relationship. In that choice lies our opportunity to prove that we are worthy of that trust.

Scott Maidment and Master Brian Leveson signing the ‘Declaration of Friendship’ at Cumberland Lodge

justice, and so we share a common mission. We each believe in the value of advocacy skills training and the cultivation of professional excellence, and so we share a common aspiration. For each of us, our Declaration of Friendship affirms our trust that the other understands that those things are meaningful to us, and that the other understands the value of those things. A declaration of friendship is also a promise that we will care for the interests and welfare of our friend. We thereby affirm that our friend’s fears and hopes are fears and hopes of our own, that our friend’s disappointments will be our own disappointments, and that our friend’s success will be in some measure our own reward. It is fitting that it should be so between us, for we are in large measure stewards of a shared legacy and guardians of a shared future. The skilled and ethical practice of advocacy and the proper administration of justice are values that are advanced everywhere when they are advanced anywhere. In a similar vein, a threat to the rule of law or judicial independence in the United Kingdom is in some measure a threat to those same values in Canada. To be effective in our role as stewards and guardians, we must fully appreciate the value of those things we seek to sustain. In caring for what is valued by our friends, we inevitably see more clearly what is of value to ourselves. Finally, a declaration of friendship is an acknowledgement of the unspoken claim that our friend has upon our actions. In a friendship our priorities and our moral compass are

Reflections in thought, like reflections of light, can reveal to us what had before been obscured from our view. My own reflections on our Declaration of Friendship have caused me to see a number of events in my life in a refreshing new light. I will close by relating one such event in particular, as it happened to me in Middle Temple. In the Winter of 2019, on the threshold of the relationship between Middle Temple and The Advocates’ Society, I was invited to luncheon in Middle Temple Hall. It was the first time I had met my gracious hosts, Master David Bean (then Master Treasurer) and Master Michael Bowsher. We discussed plans for the Canadian Amity Visit, and when lunch was finished, Master Bowsher kindly took time from his busy practice to lead me on a tour of the Inn. In the span of an hour I received a delightful education on the history of the Inn, of Middle Temple Hall, of Temple Church and the Knights Templar. He noted architectural features for me and described their provenance. He illuminated historical ties between the Inn and the Bar in Canada, and between the old world and the new. It was fascinating to me. I marvelled at his knowledge, his warm enthusiasm for his subject, and his kindness in sharing it with me. At the time, I enjoyed it immensely, and I was grateful to him for his hospitality. After reflection, however, I have come to understand more fully what was taking place that afternoon at the Inn. Master Bowsher wanted me to understand what things were meaningful, and he wanted me to understand the value of those things. A simple invitation to this form of understanding is perhaps the first necessary act in the formation of a friendship, and it is a powerful one. To be trusted to understand, however, is more powerful still. It is an act both glorious and intimate. On behalf of The Advocates’ Society, please permit me to say now to the Master Treasurer, to Master Bowsher and to all Middle Templars: we understand what things are meaningful to you, and we understand the value of those things.

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THE EUROPEAN COURT OF JUSTICE PENDING BREXIT

GEORGINA REA

Business as Usual at the European Court of Justice Pending Brexit Georgie Rea received the Middle Temple Young Barristers Association Overseas Internship Award and The Hon Sir Peter Bristow Scholarship to support her placement in the Cabinet of Judge Christopher Vajda at the ECJ last summer. Since returning from Luxembourg, Georgie has secured pupillage at Garden Court Chambers to commence October 2021.

A resounding theme ran through the cases which coloured my traineeship at the European Court of Justice (ECJ): the EU’s relationship with the international legal order. In its early years, the Court strove to cement the principles of autonomy, consistency and uniformity of EU law across its Member States. The relationship between domestic courts and the ECJ established through the preliminary ruling system became the lifeblood of this internal autonomy. However, having soothed the Member States’ teething pains brought about by the creation of this new legal order, in its adulthood the Court is also tasked with preserving the identity of the EU in the face of globalisation and rapidly developing norms of international law. During my traineeship, I encountered three cases in particular which truly impressed upon me the challenges this evolution presents to the CJEU. Opinion 1/17 of The Court on the Comprehensive Economic and Trade Agreement (CETA) On Tuesday 30 April 2019 the Court held, in Opinion 1/17, that the mechanism for the resolution of disputes between investors and States provided for by the EuroCanadian free trade agreement (CETA) is compatible with EU law. In light of this opinion, a roundtable event was hosted by the Max Planck Institute of Luxembourg, which brought together members of the European institutions and academics to discuss questions raised by the creation of a CETA Tribunal and Appellate Tribunal, as well as

the eventual establishment of an ‘Investment Court System’ (ICS). The issue at the centre of the discussion was the external autonomy of the EU legal order. Many of the questions directed at the panel concerned the decision in Achmea, C-284/16, where the Court held that international arbitration between Member States under bilateral investment treaties would not be compatible with EU law. Opinion 1/17 makes a clear distinction between the intra-state arbitration in Achmea and dispute resolution under CETA, as the latter represents an agreement between the EU and a third state. This harks back to the idea that internal legal autonomy is a battle the Court considers it has already won. In order to make a finding of compatibility, the opinion defines the jurisdiction of the Tribunal as narrowly as possible, stressing that the Tribunal would not interpret, apply or make binding interpretations of EU law (other than the provisions of CETA), but merely examine it as a matter of fact. Several panellists felt that the Court’s hands were tied in this matter by the active role assumed by the Union in creating such treaties. The political realities of EU external relations, particularly in respect of investment treaties, has forced the Court to move away from excessive formalism, protecting only the most fundamental features of autonomy. Slovenia v Croatia Case C-457/18 My largest research task during the placement concerned infringement proceedings, brought by Slovenia

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against Croatia on Friday 13 July 2018. Slovenia sought a declaration that Croatia had failed to fulfil its obligations under EU law by not complying with an arbitration agreement between the two States intended to resolve their border dispute. Croatia submitted that, as the alleged infringements arose from a border dispute, which is a matter of international law, the ECJ lacked competence to hear the case. The Court addressed the question of admissibility in a separate hearing on Monday 8 July 2019 under Article 151 of the Rules of Procedure. In the months between the hearing of the case and the release of Advocate General Priit Pikamäe’s opinion, I conducted research alongside the Cabinet’s référendaires into the question of admissibility. In the judgment published in January of this year, the Court stressed its lack of jurisdiction to give a ruling on the interpretation of an international agreement concluded by Member States whose subject matter falls outside the areas of EU competence. The Court held that the infringements of EU law pleaded were merely ancillary to the alleged failure by Croatia to comply with the obligations arising from the arbitration agreement and award at issue. The Court rejected the submission that the arbitration agreement formed an integral part of EU law, thereby protecting the Court’s exclusive jurisdiction and the autonomy of the EU legal order. However, whilst noting that competence in respect of border demarcation is a reserved competence, the Court reached a compromise by requiring the two Member States in question to strive sincerely to bring about a definitive legal solution to the dispute consistent with international law under Article 4(3) TEU, thereby demonstrating its commitment to the strict observance of international law under Article 3(5) TEU.

an effective remedy to infringements of the rights under the GDPR for the purposes of Article 47 EUCFR. In the Court’s previous cases, it makes clear that a decision of an administrative authority does not, by itself, satisfy the condition of independence in respect of the right guaranteed by Article 47; rather, it must be subject to oversight by a judicial body with jurisdiction to consider all of the relevant issues. Whether the Court will address the question of the Privacy Shield’s conformity with the EUCFR and GDPR remains to be seen. However, the AG’s Opinion in Schrems II demonstrates that questions surrounding the EU’s jurisdiction over emerging areas of EU external law will force the Court to reconsider questions of compliance, competence and autonomy. Conclusion Flora Curtis, Trainee at the EFTA Court and a member of Lincoln’s Inn, and Georgie Rea, at the ECJ

As in the Opinion 1/17 above, the Court has been forced to grapple with the tensions between internal and external autonomy. In turn, the Court has reached for the fundamental principles contained in the text of the Treaties to highlight its exclusive competence to define its own jurisdiction, and the jurisdictions of external tribunals. Data Protection Commissioner v Facebook Ireland Limited (Schrems II) Case C311/18 On Tuesday 9 July 2019, the Court heard the Schrems II Case, a landmark hearing, not least because it was the first time the ECJ heard representations from the United States government. After the ‘Safe Harbour’ framework for data transfers between the EU and US was declared invalid in Schrems I, many data controllers relied on the Commission’s Standard Contractual Clauses to continue transferring data across the Atlantic. In Advocate General Saugmandsgaard Øe’s opinion of the case, published Thursday 19 December 2019, he found the Standard Contractual Clauses to be valid under EU law. He considered that they provide a general mechanism applicable

to data transfers, irrespective of the level of protection in the third country. However, he highlighted the obligation on data controllers to suspend or prohibit a transfer when the standard clauses cannot be complied with due to conflicting obligations under the law of the third country of destination. Much of the hearing was dedicated to the adequacy of the safeguards surrounding access to the transferred data by the US intelligence authorities and the judicial protection available to the persons whose data is being transferred. However, the Advocate General concludes that the Court will not need to consider the legality of the new ‘Privacy Shield’ decision, replacing the Safe Harbour agreement, as the current litigation is concerned only with the validity of the Standard Contractual Clauses. However, AG Saugmandsgaard Øe stressed that whilst the US Government has committed to rectify any violation of the applicable rules, the Privacy Shield is not accompanied by any legal safeguards which concerned individuals could rely on. In turn, he doubted whether the external, extrajudicial remedy mechanism contained in the Privacy Shield, namely the appointment of an Ombudsperson, would constitute

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The law surrounding the Court’s jurisdiction and its interaction with external tribunals gains increasing importance as the UK becomes a ‘third country’ post-Brexit and its relationship with the EU transitions to one governed by international rather than EU law. Since I returned from Luxembourg at the end of October, we have seen the Brexit deadline pushed back once again, passing on Friday 31 January 2020. Although the current Covid-19 crisis has forced the Brexit debate out of our headlines, the global response to the pandemic presents its own jurisdictional issues. The World Health Organisation lacks legal enforcement mechanisms for breaches of the International Health Regulations, and some of the measures aimed at preventing the spread of the virus may conflict with World Trade Organisation law, particularly in respect of patent protection granted to vaccines. As such, in the coming years, we can expect legal actions to be brought before tribunals of varying competencies, including the ECJ, and these jurisdictional questions are likely to emerge anew. I would like to thank both Christopher Vajda QC and the former members of his cabinet, the Middle Temple Young Barristers’ Association, and the benefactors of The Hon Sir Peter Bristow Scholarship for their generosity in supporting my placement.

CROSS BORDER PRACTICE IN EUROPE AND BREXIT

MASTER HUGH MERCER

Cross Border Practice in Europe and Brexit Master Hugh Mercer practises from Essex Court Chambers. He took Silk in 2008, is a Bencher and a Deputy High Court Judge. He specialises in litigation involving issues of EU law, public and private international law, foreign law and public law and chairs the Future Relationship Working Group of the Bar. He is the Former Leader of the European Circuit.

Barristers are in demand to appear in international tribunals which are located in various EU Member States: the International Court of Justice, the European Court of Human Rights, the International Criminal Court, the International Tribunal for the Law of the Sea, the Court of Justice of the European Union (CJEU) and many institutional and ad-hoc arbitral tribunals. For the CJEU in particular, ever since the trailblazers of the Bar set up Charlemagne Chambers in Brussels in the 1970s, barristers have been recognised as among the best advocates in that Court – as Judge Skouris remarked, ‘when we see a wig, we listen’. London has been a hub for EU law advice with many non-EU companies looking to London for advice and representation. What is going to change? For international tribunals, barristers will generally retain their rights to represent clients under the relevant treaty establishing the court or tribunal. However, in addition, they will need a Schengen visa unless a free trade agreement (FTA) with the EU provides otherwise. For the CJEU, barristers need to join the bar of an EU Member State in order to continue to satisfy Article 19 of the CJEU Statute. That will not however exempt them from the need to obtain a visa unless either there is an FTA or they qualify as frontier workers under the Withdrawal Agreement (WA). EU law continues to apply to barristers and they therefore retain the right up until Tuesday 31 December 2020 to establish themselves in any EU state under their home title, i.e. barrister. They may also seek to qualify locally either by taking an aptitude test under the Professional Qualifications Directive or via three years’ continuous practice in host state/EU law. The WA makes the rights in the previous paragraph particularly important because the definition of a frontier worker refers to a person who is established in the EU but not to one who habitually crosses the border to provide services (i.e. Article 49 but not Article 56 TFEU). Taking advantage of the WA is the best way to protect your rights going forward. You obtain the right to equal treatment plus social and tax advantages as set out in Article 25 WA. You are likely to be required to obtain a document certifying this status and both the UK and France for example have announced that they will be requiring such a document. Bearers of that document are not subject to visa requirements in the host state (Article 14(2) WA). The notion of establishment has been said by the CJEU to be ‘a very broad one … [participating] on a stable and continuous basis in the economic life of [the host state]’

(Case 55/94, Gebhard, §25). Bar membership alone does not prove establishment but the obligation to register with a Bar under Directive 98/5 will assist in providing evidence of establishment. If you are wondering whether to take advantage of the WA (either as an EU lawyer or as a barrister), you might consider a door tenancy/of counsel arrangement. When put together with work carried out/ attempts to generate work prior to Tuesday 31 December 2020, this would assist in proving establishment. If there is no FTA with the EU, the position for barristers is not promising under GATS. Current EU/UK GATS commitments apply to employed persons but not to independent professionals (i.e. barristers). Business visitor status would cover barristers for conferences but not paid work. The long list of reservations by Member States (nationality, residence, restriction on fly in fly out, six years’ qualification etc.) in previous EU trade agreements evidences a variety of likely restrictions applicable on a state by state basis on the provision of legal services in the EU by barristers after the end of the Implementation Period. In terms of a possible deal, though the draft EU and UK agreements are quite different in structure, they appear relatively similar (and ambitious) in their objectives for legal services. The Bar Future Relationship Working Group has engaged with the EU and the UK authorities to press for an agreement which guarantees: the right to practise under home country title; a practical route to requalification; freedom for Bars to improve bilaterally (by a mutual recognition agreement) on any deal and reciprocal rights for provision of services without visas. The current problem with the last point is the position of the UK Home Office whose policy is that incoming independent professionals need to have a visa and be sponsored. Needless to say, the Bar Council is engaging with Government on that point too!

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MIND THE GAP

CATRINA LAM & CORDELIA YEUNG

Mind the GAP The General Adjourned Period and the Coronavirus Pandemic in Hong Kong Catrina Lam was Called to the Hong Kong Bar in 1999. She is a member of Des Voeux Chambers. Catrina was a former Middle Temple Scholar and has been Secretary of the Middle Temple Society in Hong Kong since 2009. She was appointed an Honorary Member of the Middle Temple in 2018.

The word ‘unprecedented’ has been thrown around in the last few months when speaking of the global Coronavirus pandemic. This too captures the sentiment felt among the wider community and legal community in Hong Kong, including barristers and fellow Middle Templars. Days after the virus first reached the city, the judiciary began the General Adjourned Period (GAP). The Courts, and its registries and offices, were closed from Wednesday 29 January 2020 onwards, subject to urgent and essential hearings and matters. For litigants, the oft-quoted maxim attributed to William Gladstone, ‘justice delayed is justice denied’, rang ever true. The GAP threw into sharp relief the need for the Hong Kong judiciary to embrace technological developments. The Courts found themselves trying to navigate the crisis. In Cyberworks Audio Video Technology Ltd v Silver Kent Technology Ltd [2020] HKCFI 347 (Coleman J), the Court of First Instance ordered a telephonic hearing in lieu of an oral hearing, noting that the physical attendance of parties and/or their representatives together with the Judge and judiciary staff in a courtroom was not at the time permissible on public health grounds. Afterwards, on Thursday 2 April 2020, the Chief Judge of the High Court issued a Guidance Note recommending the use of videoconferencing facilities (VCF) where oral submissions were necessary. Equipment used at remote locations must be compatible with the Court’s VCF and meet the operational

requirements. Judges would consider which of their cases might be suitable for remote hearings using VCF. Following the Guidance Note, in CSFK v HWH [2020] HKCA 207, the Court of Appeal confirmed that there was nothing restricting the mode of receiving submissions and evidence as long as the judges sat in the High Court. Judges could determine the mode of hearing as a matter of case management if the dual requirements for fairness and openness were satisfied. Provided that an official and accurate record could be kept for the hearing, there was no reason not to embrace VCF hearings. Additionally, Mr Justice Yeung conducted a judicial review application through video-conferencing in Lui Chi Hang Hendrick v Independent Police Complaints Council [2020] HKCFI 614. The remote hearing took place on Tuesday 7 April 2020. Barristers made oral submissions from chambers in their robes and face masks. To ensure open justice, screens were set up inside the court room where the Judge sat (and at two lift lobbies outside the court room) broadcasting live counsel’s submissions so that the hearing remained accessible to the public. Mr Justice Yeung commented in Court that it was a ‘smooth hearing’. During the GAP, the Hong Kong Bar Association (HKBA), the professional regulatory body for barristers, recommended its members not to go to court if they feel unwell or display any symptoms. We were advised to minimise travelling out of home. Challenges abound when balancing work and spending an unusually significant amount of time with family members in close quarters. Moreover, at once daunting and thrilling is the

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Cordelia Yeung was Called to the Hong Kong Bar in 2018. She is a member of Alan Leong S.C.’s Chambers. She is developing a broad civil practice with a focus on commercial and family matters. Cordelia was a former Middle Temple Scholar and has been assisting the Middle Temple Society in Hong Kong since 2019.

experience of using VCF in all of its glory and unreliability. Frequent conversations among barristers now revolve around the ease of using Zoom and Bluejeans, and the relevant security issues. The pandemic has profoundly affected the work of both civil and criminal practitioners in private practice at the Bar. With reduced court work, and clients reticent to litigate or continue with ongoing proceedings, livelihoods are affected. These times have been particularly difficult for barristers under 7 years Call for whom it is not uncommon to foot a HKD20,000.00 bill (around £2,000) for office rent every month. In March, the HKBA announced a scheme to enable young barristers to obtain interest-free loans to offset expenses. The training received by the current pupil barristers has been significantly affected, given little or no opportunity to attend court. The HKBA has advised pupil masters to arrange for their pupils to accompany chamber-mates when such opportunity arises. Furthermore, some pupil barristers undertook advocacy training via Zoom in May. At the time of writing, there are around 1,040 confirmed cases in the city. The numbers are levelling off. On Monday 4 May 2020, the Courts re-opened, with various registries to follow gradually. There is a significant backlog of matters and hearings. There are also concerns of a ‘third wave’ of infections. As per the fighting spirit of Hong Kong, in these unprecedented times, the legal community will no doubt endeavour to find a new normal – or whatever is the closest to it.

THE MALAYSIAN EXPERIENCE

JUSTICE NALLINI PATHMANATHAN

Access to Justice during the Coronavirus Pandemic

The Malaysian Experience Justice Nallini Pathmanathan is a judge in the apex court of Malaysia, the Federal Court. She was Called to the English Bar at Middle Temple in 1984 and returned to practice in Malaysia at a leading law firm, Skrine. She practised in various fields, specialising in commercial law. She was elevated to the Bench in 2007.

The Covid-19 pandemic afflicted the world with such swiftness that the gravity of the situation was not immediately grasped. When it was, Malaysia was put on a reluctant hiatus of sorts – with every part of society grappling with a new normal, virtually overnight. Our lives, like those of people around the globe, were altered irreversibly. Today, the everyday aspects of living can no longer be taken for granted and we are, each of us, each day, learning to cope with an altered way of life. Social distancing, considerably reduced physical movements and a virtual halt to social activities. Access to justice is a core aspect of our lives. With stringent restrictions on aspects of our lives that we have, until now, considered essential to our way of life, the significance of the rule of law has been increasingly underscored. The rule of law in the context of the pandemic requires a necessary balance between the primary objective of safeguarding the safety of the lives of the population on the one hand, and ensuring, on the other, minimal erosion of fundamental human rights. The rule of law further requires that vital rights such as the right to livelihood, education and protection from crime are not endangered. In achieving an optimal balance, the key is proportionality. In these altered times the enduring debate between collectivism and individualism is brought to the fore. The virus has forced us to recognise the importance of collective responsibility for the health of society. We are constrained to stifle our ‘need’ to prioritise our individual 46

habits for the collective. We are being forced to factor the societal effect into every decision we make. This need is as important in the provision of legal services as in other sectors. The issue for Malaysia was, and remains one of whether the courts, as an essential service were, and are, able to transform the provision of its services to meet the essential needs of Malaysians. As Albert Einstein famously stated: ‘The measure of intelligence is the ability to change’. In the context of the provision of legal services, the true measure of the viability of an institution is its ability to evolve to meet the needs of a fundamentally altered world. The operation of the Courts in Malaysia was necessarily impacted and courts throughout the country were closed. Proceedings were adjourned, save for selected criminal proceedings. Civil matters were similarly adjourned save for urgent hearings, which continued to be heard via video-conferencing platforms, with the consent of parties and the judge. The Commercial Court in Kuala Lumpur in particular remained in operation to accommodate hearings particularly those related to injunctive relief and admiralty matters. The Admiralty Court continued to issue and execute warrants of arrest during the term of the movement control order. Most hearings in relation to these matters were heard via video-conferencing platforms, either Zoom or Skype Business. Malaysia is fortunate in that the Courts have focused on the increased implementation of information technology consistently since 2009. This resulted in the majority of courts 2020 Middle Templar

throughout Malaysia being equipped with an ‘e-court’ system. As a consequence, routine matters were conducted during the term of the movement control order. However, the reality was that the number of disposed matters remained low as the majority of lawyers chose not to operate. As with other countries, the Malaysian courts will now have to cope with a backlog of cases. Save for the movement control order, no interim Covid-19 legislation was enacted. This meant that judicial proceedings to accommodate ‘circuit breaking’ or ‘social distancing’ had to be undertaken within the context of existing law. The Judiciary took the initiative to enable hearings to continue with the use of emerging technologies. However, the efforts made by the Judiciary to provide for hearings online, particularly in respect of interlocutory matters and appeals met with considerable resistance from the Bar. The primary concern was that it was necessary to continue with the physical presence of counsel in a courtroom under the provisions of our existing relevant law. The merits of this contention remain to be adjudicated. The practical result, however, was that only hearings with the consent of parties continued via online platforms. While initial pilot attempts were initiated with Zoom, Pixel and Skype for Business, the latter was eventually the choice of the Malaysian Judiciary. The Court of Appeal successfully initiated and conducted appeals using Skype for Business. The requirement for a hearing open to the public was achieved by live streaming. On Wednesday 13 May 2020, the Courts resumed operation in stages. Stringent operating procedures were put in place, including the monitoring of body temperatures, restriction of persons entering or remaining on court premises, the wearing of face masks, safe distancing for seating in court rooms and corridors, sanitisation of court rooms and

buildings periodically, staggered timing for hearings and the mandatory conduct of non-disputed matters online. The number of cases per day was reduced drastically. The physical presence of judges and court staff is minimised such that most continue to work from home. Appellate courts continue to hear appeals, a fraction are disposed of through the use of videoconferencing facilities premised on the consent of the parties, while the remainder continue to be disposed of in the traditional manner in court rooms. One other area warrants observation. A perhaps unusual feature of the implementation of the movement control order in Malaysia is the considerable emphasis that was and continues to be placed on its enforcement. The World Health Organisation officially declared the spread of Covid-19 as a pandemic on Wednesday 11 March 2020. A week later, on Wednesday 18 March 2020, the Prime Minister of Malaysia announced the movement control order, pursuant to provisions under the Prevention and Control of Infectious Diseases Act 1988 for an initial period of two weeks, until Tuesday 31 March 2020. The movement control order was then extended periodically for a further three months. However, by Monday 4 May 2020, the restrictions were relaxed to enable most businesses to resume operations albeit with restraints, to revive the declining economy. The initial phase of the movement control order took the form of a lockdown with most citizens confined to their homes, save for those services categorised as essential. Travel within the states in Malaysia was prohibited, save for specified exceptions. The movement control order was strictly enforced, with severe sanctions. The penalties prescribed under the Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020 for a contravention of the movement control order comprise a fine not exceeding one thousand ringgit or imprisonment for a term not exceeding six months or both. The number of prosecutions and

convictions rose to the thousands. As of Saturday 4 April 2020, some 2,294 individuals were reported to have been preferred with charges of contravening the order. Media reports disclosed that initially the form of punishment imposed was fines. However, this soon escalated to the imposition of custodial sentences. As of April 2020, it was reported that several hundreds of individuals were serving custodial sentences for violating the movement control order.

Malaysia’s performance, in first cloistering and then systematically bringing down the numbers of infected cases and deaths has been acknowledged as being commendable. The escalation in the imposition of custodial sentences gave rise to a barrage of queries and protests about the encroachment of citizens’ civil liberties. The public outcry and debate about the necessity and practicality of imposing severe custodial sentences resulted in a reversion to the imposition of fines as the punishment of choice, rather than imprisonment. This episode brought to the fore the application of the rule of law, as outlined earlier. It highlighted the need to retain the balance between the overarching need to prevent the spread of Coronavirus clusters, and individual civil liberties. Malaysia’s performance, in first cloistering and then systematically bringing down the numbers of infected cases and deaths has been acknowledged as being commendable. The number of deaths to date stands at 123 as of Friday 24 July 2020, while the number of infected cases has shown 2020 Middle Templar

a ‘flattening’ of the curve and greatly reduced numbers. While this is not to say that a second wave will not ensue, the emphasis on compliance has been effective. As against this however, many critics maintain that this achievement nationwide has been accomplished with considerable encroachment on civil liberties. The question remains whether collectivism or individualism should prevail in catastrophic situations such as this. There can be no simple answer. Perhaps the answer to the episode above actually lies in the art of sentencing, and the continuous struggle to achieve acceptable levels of consistency, a problem that is not confined to Malaysia alone. Access to justice requires a justice system that is efficient, effective and economically viable. The public must have confidence in the system, as should Iitigants, lawyers and judges. The system should also be both open and transparent. Can technology provide these essential requirements? While this is a question that can only be answered fully if and when technology is more fully implemented in our courts, it is undeniable that the role of technology in access to justice is essential and has to be fully accommodated in our justice system. The pandemic has brought home that point credibly. From our experience during the term of the movement control order, it has become apparent that technology can and ought to be harnessed in significant parts of the court system to enable fair and effective justice to be made available to a large segment of Malaysians, particularly during and in the aftermath of the pandemic. It is equally apparent that we have a not inconsiderable task ahead of us to ensure that amendments to existing legislation, and new legislation, is implemented to facilitate this shift in the administration of justice. In doing so, it is imperative that the system provides access to justice to all, including those who are selfrepresented, that changes, albeit procedural or otherwise are well publicised and understood, that the technology incorporated is efficient and secure and that lawyers and judges are given adequate training. The gravitas and function of the judicial process must be maintained. 47

MMTA

IBRAHIM DEELJOOR

The Mauritius Middle Temple Association (MMTA)

LEGAL LIFE IN SINGAPORE

Legal life in Singapore in light of the Pandemic Meiyen Tan is Head of Oon & Bazul’s Restructuring and Insolvency Practice and the first female in Singapore to lead a restructuring and insolvency legal practice. She is one of the founding members of the Singapore Network of the International Women’s Insolvency and Restructuring Confederation (IWIRC) and a member of the Singapore Middle Temple Society.

Ibrahim Ikhlass Deeljoor was Called to the Bar of England and Wales in 2016 and to the Bar of Mauritius in 2018 where he is living and practising. He is currently the Judicial Assistant to Judges of the Supreme Court of Mauritius while also serving as Assistant Secretary to the Mauritius Middle Temple Association.

The Republic of Mauritius reported its first positive case of Covid-19 on Wednesday 18 March 2020 with the Prime Minister immediately closing our borders and instituting a country wide lockdown followed by a sanitary curfew. In view of the prevailing situation, the Chief Justice responded by postponing all pending cases and by closing all the courts except for matters requiring urgency and celerity. Our court system, much like everywhere else in the world, was unprepared for the scale and suddenness of the changes brought about by the implementation of the new health and safety measures relating to the pandemic. In the vast majority of cases, physical attendance has been required for counsel, parties and witnesses except for some proceedings in the Commercial Division of the Supreme Court. The court is equipped with e-document filing systems and the Bail and Remand Court, which is fitted with video links to prisons, where defendants who have been remanded into custody have been able to make virtual appearances. However, the unavailability of such technological facilities for counsel to appear remotely has severely limited their capacity to work from home. Nevertheless, testament to the resilience of our justice system in the face of this global pandemic, access to justice was still preserved. Our Supreme Court adopted Cisco Webex as the standard video conferencing software, allowing cases to be conducted in virtual hearing rooms to which the media and the general public have been invited so that they could follow the proceedings. My duties as a Judicial Research Assistant for the Supreme Court involve carrying out legal research, drafting summaries of facts, procedures and providing legal opinions in both English and French to the Honourable Judges. So far, the transition to working from home has been seamless as my duties have proven to be particularly well suited for telecommuting. I have access to the fantastic online library as well as the international legal databases and I am able to remain in constant communication with the judges via secure email and telephone. Besides the change in my working environment and the fact that meetings are now held online rather than in person, our activities have remained unimpacted by the novel Coronavirus. These are truly challenging times for all of us wherever we are in the world. The Covid-19 restrictions have undoubtedly changed our lifestyles and we all have had to reinvent the way we manage our practices in order to continue our duty in the administration of justice.

MEIYEN TAN

The life of the Singapore lawyer has been drastically changed by Covid-19. Working from home, we can no longer pop into our colleagues’ rooms for quick discussions, having either to set up calls and video conferences or settle for simpler Whatsapp conversations. Oddly enough, this resignation to video conferences for meetings have made us lawyers far more accessible to our clients. Previously, we were bound by the availability of our meeting rooms and by travelling time. Now, we are only a Zoom call away. The use of webinars has also expanded the reach of and the ease of access to our legal seminars. In one which I recently chaired for the Asian Business Legal Institute, more than half of the attendees were overseas. The legal industry tends to weather economic downturns better than the generic economy. Still, business has been impacted by Covid-19, in some practices more than the others. Firms have seen a spike in enquiries on termination of employees, rent matters and the application of the new Covid-19 laws, whereas demand for corporate/transactional services have taken a dip. In April, the Singapore Academy of Law surveyed some 400 lawyers and in-house counsel and found that 83% of lawyers reported a decrease in new cases and revenue. On the other hand, 75% of in-house counsel saw an increase in workload, especially in crisis management, re-negotiation of contracts and employment issues. Not even our court system was spared from the Covid-19 lockdown restrictions. From Tuesday 7 April 2020 to Sunday 7 June 2020, only essential and urgent matters have been heard by the courts, most of which were heard remotely using online conferencing tools so as to avoid physical interaction. Though, with the recent exit of the circuit breaker in Singapore, our courts have resumed hearing most cases since Monday 8 June 2020. The courts have taken these restrictions in their stride, and have managed logistical feats of taking massive hearings online. On Wednesday 13 May 2020, the Singapore High Court held a hearing where 115 lawyers were Called to the Singapore Bar via Zoom. While the response to remote hearings has been generally positive, taking criminal hearings online has raised a few eyebrows, especially in the global community. On Wednesday 20 May 2020, Punithan Genasan, 37, was sentenced to death in a hearing which took place via Zoom. International organisations such as Amnesty International and Human Rights Watch Asia have decried the ruling for potential human rights abuses.

2020 Middle Templar

TECHNOLOGY IN GIBRALTAR’S LEGAL SYSTEM

AIDAN CLEVERLY

An Increased Use of Technology in Gibraltar’s Legal System Aidan Cleverly is an Associate in Hassans’ Litigation department and is Secretary of the Gibraltar Middle Temple Society. Aidan’s practice mainly consists of advisory and advocacy work in general litigation matters including criminal, family, employment, personal injury and immigration matters. Aidan is also involved in handling compliance matters within Hassans’ Compliance Department.

The Covid-19 pandemic has proved to be a catalyst for the increased use of technology in Gibraltar’s justice system. The legal profession, although traditionally conservative, has readily adapted to the latest technological developments. The Chief Justice was quick to react and on Tuesday 17 March 2020 published contingency rules for the Supreme and Magistrates’ Courts. The rules ensured that urgent cases would still be heard notwithstanding a general stay on all civil actions, the extension of bail in absence and the delisting of all non-urgent hearings. This clearly demonstrated that the pandemic had led us into truly unprecedented times. In order to try to mitigate disruption as far as possible, the Supreme Court of Gibraltar increasingly relied on telephone and virtual hearings, the electronic issuing of claims and the electronic filing of court documents. Seeing as we live in a digitalised world where technology shapes the primary function of our everyday lives, its increased use in court only seemed logical.

There were already provisions in Gibraltar’s legislation that catered for the use of technology in the court room, such as evidence via live video link in criminal trials, and the use of telephone and video conferencing in civil matters generally. On Tuesday 24 March 2020, the case of Fowler v Commissioners for Her Majesty’s Revenue and Customs [2020] UKSC 22 made history as it became the first case in the Supreme Court of England and Wales to be conducted entirely over video. In Gibraltar, facilities to deal with matters over video were also put to use for the first time. The pandemic created the environment to implement and test these technologies due to travel restrictions and the self-isolation of participants. Some hearings were held by the use of Microsoft Teams, which the courts had considered the most secure and adequate tool for these purposes. This without affecting the principle of open justice, and at all times ensuring that proceedings were recorded on the court’s integrated recording system. Microsoft Teams will continue to be used, including in the Court of Appeal, although, as a general rule, in-person hearings remain the default position. It had also, over this period, become the norm for parties to file and exchange documents electronically. The contingency rules are now no longer in place, and digital filing is no longer possible, however, there will hopefully be a shift towards digitisation with the courts continuing with electronic bundles.

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WORKING IN THE SEYCHELLES

STEVEN POWLES QC

Working in the Seychelles Steven Powles QC is head of Doughty Street International and specialises in international crime and extradition. He has appeared before international criminal tribunals in The Hague in cases relating to Kosovo, Kenya, DRC, and Afghanistan, and also acted in proceedings before the Special Court in Sierra Leone.

It began on a cold and wet September day. I was waiting in central London for an Uber to take me to court for one of those heavy and draining trials. An email from chambers popped up on my phone: ‘Anyone interested in applying for job in Seychelles?’. I knew the answer even before reading the message – and a couple of weeks later, I heard I had been shortlisted. I would be part of a team working on money laundering and corruption cases. My application was successful. A former colony of the UK, the Seychelles gained its independence in 1976. Its first president, James Mancham, and the man who deposed him after just one year, Albert René, were not just both lawyers, but Middle Templars too. After 15 years of one-party rule, René announced free elections in 1992, and though Mancham returned to contest them, he prevailed. A constitution enacted the following year belatedly guaranteed pluralism and democracy; among those sent by the Commonwealth Secretariat to help with its drafting was another member of Middle Temple, Master Geoffrey Robertson. Thanks in part to its staggering natural beauty and a thriving offshore financial services industry, Seychelles has a higher per capita income than any other country in Africa. At least half that money comes from high-spending tourists, who swim and snorkel around its 115 coral and granite islands throughout the year, but it is not all pampered luxury. As you would expect in any paradise, there is trouble too – and it is quite serious. Heroin users make up a larger proportion of the population than in any other country on earth. Up to one in ten of the country’s adults – some 6,000 people – are said to be addicts. Alongside a young Seychellois lawyer, Ms Nissa Thompson, I was sworn in as a State Counsel in the Attorney General’s Chambers by the first female Chief Justice, Master Mathilda Twomey, on Tuesday 11 February 2020. Our work then commenced in earnest. We set up a unit to deal predominantly with proceeds of crime cases and Mutual Legal Assistance requests. Alongside an experienced Indian lawyer who’s also become a good friend, Mr Jayaraj Chinnasamy, I have brushed up on lessons learned with Middle Temple advocacy training and have helped teach junior prosecutors how to present and argue those cases that go to court. My intention was initially to travel back and forth from London, but that plan – along with so much else – changed after the WHO declared a global Coronavirus pandemic on Wednesday 11 March 2020. Even before that date, the country had instituted precautions. When I flew in at the beginning of February, people arriving from areas of high infection were already being screened, and

within days of the first two confirmed cases in Seychelles, on Thursday 14 March 2020, decisive steps were being taken to control the spread of infection. Courts were closed to all but emergency matters, flights in and out of the country ceased to operate, and quarantine facilities were established. To the government’s enormous credit, the consequence is that just 11 people are known to have caught the virus. No one has died. It has been heart-breaking to watch the pandemic rage with so much violence through the UK. To see the daily death-toll rise and to admire from afar the brave effort of front-line workers to keep the numbers down. Colleagues have at least been sympathetic. When news reached Seychelles about the controversy over Dominic Cummings’ behaviour during the lockdown, I was asked with a smile if the UK needed any help from the African Union in training government officials how to respect the rule of law. As with many good jokes, the humour stung. Even on these islands, a tiny string of outposts 1,000 miles off the African coast and twice as far from India, it is impossible not to notice the changing world order. When I arrived, the British government had just celebrated Brexit Day, and yet, the position I was about to start was being funded by the EU. The British High Commission has done outstanding work over the years, particularly with prosecuting and combating piracy; while it worked tirelessly during Covid-19 to repatriate tourists from Seychelles before airports closed, the Indian government and China’s Jack Ma Foundation were sending medical aid into the country. India is also donating generously to build a new magistrates’ court complex and offices for the Attorney General’s Chambers. But in a country where the first two presidents were both London educated barristers and members of the Middle Temple, the legal heritage it shares with other members of the Commonwealth remain strong. Many of my colleagues are Indian lawyers, and the lawyer honoured with a statue outside the offices where I work is the great Mahatma Gandhi. As the 50th anniversary of independence approaches in 2026, these connections should be celebrated – and it would be especially befitting if the Inn could mark its deep links to the Seychelles in some suitable way.

Swearing in Ceremony before the Chief Justice. Left to right – Chief Justice Twomey, Nissa Thompson, and Steven Powles QC

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THE MIDDLE TEMPLE CIRCUIT SOCIETIES

Circuit Societies Midland Circuit Society

Northern Circuit Society

Master Blondel Thompson is an international criminal and sports barrister based at St Philips chambers in Birmingham. She prosecutes and defends serious criminal cases and undertakes work at the International Criminal Court, The Hague, The Netherlands. She has numerous appointments to sports disciplinary bodies in England and sits as an arbitrator judge for the Court of Arbitration for Sport in Lausanne, Switzerland. She is a member of the Middle Temple Midland Circuit Society.

The Middle Temple Midland Circuit Society, formed in 2018, has achieved its primary goal of re-engaging with members on our Circuit. Thursday nights are traditionally one of the busiest for members of the criminal Bar, in terms of preparing work listed the following day. This was not a deterrent to the vast numbers who attended the Middle Temple dinner in Birmingham on the Thursday 10 October 2019. An enjoyable relaxing evening of delicious food and wine, connecting with old friends, making new ones and enjoying each other’s company. A number of students attended who informed us of the benefits gained from their attendance. Not only had they made new friends, but some had secured mini pupillages. We were delighted that Master Igor Judge and Lady Judge attended, and that he was willing to speak to us of his experiences of practising on the Midland Circuit as a barrister. A delightfully humorous speech ending with words of encouragement and support for the future. He took the time to meet and converse with many of us after the dinner remaining long after the dinner had ended. Sadly, Covid-19 has temporarily clipped our wings, forcing us into isolation with life on Zoom, Skype and Microsoft Teams becoming the norm. We are still hopeful that our soiree and dinner on Friday 27 November 2020 in Nottingham will go ahead. The Middle Temple Midland Circuit Society activities on Circuit have been growing steadily; events and garden parties planned for the summer months, dinner in the Autumn, with assistance to students throughout the year. The Inn’s support for students on Circuit is wide ranging. Benchers on Circuit are encouraged to and have assisted the Middle Temple Students’ Association at the school of law for the past two years, presenting talks on life at the Bar, how to apply for mini pupillage, and pupillage, the application process, CV structure and content, how applications are viewed in terms of the numbers applying for a small number of pupillages. Some of the students have taken the opportunity to telephone at a later date to request mini pupillages. We look forward to the future with great anticipation as the Middle Temple family on Circuit continues its high visibility.

Midland Circuit dinner at Opus Restaurant, Birmingham

Master Simon Medland is a Circuit Judge based at Preston Crown Court. Before being appointed a Circuit Judge in 2018, he was a criminal law practitioner whose experience and specialisms encompass all aspects of serious crime and fraud. He has prosecuted and defended in some of the region’s most serious cases. He is Chairman of the Middle Temple Northern Circuit Society.

I was very proud to become the Chairman of the Inn’s Northern Circuit Society earlier this year, being lucky enough to inherit a vibrant, busy society from Master David Stockdale who had led it to a peak of excellence. Together with our esteemed colleagues (and friendly rivals) from over the Pennines, we can claim without exaggeration to be real pioneers in bringing the Inn to our Circuits. To mark Master Stockdale’s retirement as Chairman, we nipped in under the wire before Lockdown to have a reception at King Street Town House on Thursday 12 March 2020. There we presented a framed antique fruit plate bearing the Inn’s crest; a small mark of our profound esteem for Master Stockdale and all that he has done for the Inn on Circuit over so many years. It is daunting, but a privilege, trying to fill Master Stockdale’s massive boots. I could not even contemplate it without my excellent Committee and the superb assistance of Colin, Oliver and Francis from the Inn. Regrettably, we have lost Master Jane Cross this year after her retirement from the Bar. Master Cross has been a member for many years and has brought a great deal of skill and, if I may say so, crisp elan to our work. We have refreshed the format of the Committee by making sure every city on Circuit is properly represented, whilst also maintaining the important contribution of the Middle Temple Young Barristers Association and LGBTQ+ Forum representation. One of our new Silks on Circuit, Tim Storrie, is now my Deputy. All of us will by now be familiar with the way social media apps have revolutionised our working day. I am sure this is here to stay and will be a growing trend. Domus has adapted to all this magnificently, and the vital role we have in keeping our student and young members engaged and informed has been maintained and, arguably, improved. We had a Sherrard Conversation on Thursday 21 May 2020 using the StarLeaf app in which I, together with Masters Simon Myerson and Tina Landale, chatted with more than 70 student members of the Inn and gave them our views of life on Circuit. I must express my thanks to Christa, Sally and Jonny for their hard work which made this such an enjoyable and useful success. Lovely though it is to report where we have battled through adversity to keep the show on the road, there have been regrettable casualties in our calendar. The annual Northern Circuit Garden Party, to have been at Lancaster House in July, was cancelled. As I write this (mid-June), I am still hoping that our principal social event of the year in Saturday 28 November 2020, the Joint Dinner in the Georgian splendour of Liverpool Town Hall with Master Richard Wright and his pals from the North Eastern Circuit, will take place as planned. I greatly fear though that it too will be scratched. The Courts on Circuit have been adapting energetically to keep some turnover of work. I am sure Skype will be here to stay for Mentions, PTPHs and many other hearings. I am

2020 Middle Templar

and enjoyed. But amidst all of the change that has been thrust upon us, the Inn and the Circuits have continued to play a vital role in providing a sense of stability for the profession. It is perhaps in such times of adversity that our common sense of belonging to these important institutions resonates more strongly amongst us. Some years ago, Master Igor Judge identified the particular challenge faced by the Inn in retaining its links with members who practice on Circuits outside the South East. Whilst the challenge remains, I hope that the ‘pythonesque’ calls of ‘What did the Middle Temple ever do for us’ have receded in recent years.

Liverpool Town Hall

equally sure that HMG will invest – as soon as they have given it some thought – in more video links from prisons to Courts, and I would bet a bottle of Colin Davidson’s finest that within a year or so attendance by video link from prison will be the norm for this type of work, including sentence hearings, where defendants have been remanded in custody. Master Treasurer this year is one of the Northern Circuit’s greats – Master Brian Leveson – and Master Reader, from July, is another – Master Clement Goldstone. It is such a pity not to have a full year of events in which to see them in the North, but 2020 is still a golden year for us in view of their splendid appointments. In a wider context, 2020 might well become memorable in the years to come for all the wrong reasons. However, I am equally sure an honest historian would need to be kind to so many people who have gone well above and beyond to keep the show on the road. I am fond of history and have been reading, for the umpteenth time, my now rather dog-eared copy of Pepys’ Diaries. Samuel Pepys grew up near St Bride’s Church, Fleet Street and knew the Temple and its members well. He lived in a time when the very existence of Great Britain was threatened for over 50 years by Civil War, plague, wars with the Dutch, and the Great Fire of London. Life was seriously interrupted, things often seemed almost hopeless, but they pressed on through, adapted their ways, never lost hope, rebuilt their homes and cities, and emerged on the other side invigorated and energised for the future. On the Northern and North Eastern Circuits, we are doing our best to follow that example.

North Eastern Circuit Society Master Richard Wright was Called to the Bar in 1998 and took Silk in 2013. He is a criminal advocate who has defended or prosecuted many of the highest-profile cases in the North of England. He is Leader of the North Eastern Circuit and Chairman of the Middle Temple North Eastern Circuit Society.

Before Covid-19 struck, we enjoyed an excellent Survive and Thrive event organised by the Inn in conjunction with the Circuit and followed by a well attended Mess in Leeds. This event brought together the Inn and the Circuit and was designated a Qualifying Session. Sadly, our plan to welcome Master Nick Hardwick to Leeds in order to reprise his excellent lecture given in Hall last year ‘The Prisons Crisis: What’s gone wrong and how to fix it’ has been put on hold. As have our hopes for a repeat of the drinks reception at the Judges Lodgings that we enjoyed last summer, together with further student focused events planned for the autumn. There is one other very important way in which the Inn has been able to support its members on Circuit and that is by the very generous financial provision that it has been able to put aside to assist members facing financial hardship. I know that the grants made directly by the Inn to pupils have been a lifeline to many. Moreover, and I repeat here the thanks I have paid privately to Master Treasurer, the generous donation made by the Inns to the Barristers’ Benevolent Association (BBA), that enabled them to establish the Covid-19 fund, has quite simply kept people going through some very difficult times. I should also mention in this regard my friend from over the Pennines, Master Simon Medland, who first identified the pressing need for the establishment of a special fund to assist the Bar, and the publicly funded Bar in particular. We must now look to the future and to the recovery of capacity in the Courts and Tribunals which we hope will be both rapid and sustained throughout the winter. We must also not forget that the eye-watering backlog of cases facing us existed pre-Covid-19 and is largely the product of years of chronic underfunding of our justice system. By the same token, the survival of the publicly funded Bar hangs in the balance not as a result of Covid-19, but because years of cuts have had a terrible effect on the sustainability of the profession. If lockdown was tough then we might expect this ‘recovery’ phase to be harder still. It is more important than ever that we face these challenges together and I am sure that the Inn will continue to play an important role as we try to meet them. We still hope to be able to hold the Joint Northern and North-Eastern Circuit Dinner in Liverpool on Saturday 28 November 2020 and we look forward to welcoming members of both Circuits then.

Timing is everything. On that point Master Treasurer and I will certainly agree, having both assumed office – Sir Brian as our Treasurer and myself as the Leader of the North Eastern Circuit – on Wednesday 1 January 2020. This is certainly not the year that either of us had planned! I think back to Wednesday 4 March 2020 when the six Circuit Leaders travelled to London for a meeting with the Lord Chief Justice and the President of the Queen’s Bench Division. The Leader of the South Eastern Circuit suggested that we added Covid-19 planning to the agenda. The rest of us told him not to be so soft. Fast forward to late July and we have all been adapting to a very different way of life to that which we had previously known

The Merchant Adventurers Hall in York

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Wales Circuit Society Michael Jones was Called to the Bar in 1995. He practised from Chambers in Swansea and Cardiff before joining the CPS in 2009 as the first ever Senior Crown Advocate in Wales. In 2018 he was appointed Queen’s Counsel. He is Secretary of the Middle Temple Wales Circuit Society.

Covid-19 has meant that the last six months has been, for most of us, anywhere from challenging to shattering, personally or professionally. Here in Wales, political devolution allowed an eventual divergence from London on social guidance and legal restrictions. That brought with it either reassurance or frustration depending upon the nature of your business or where you stood politically. But what of those days in Wales before the Covid-19 cloud descended and when we took for granted the tangible company and fellowship of friends and colleagues? On Saturday 6 July 2019, the Bar Council held, for the first time, one of its full council meetings in Wales. The meeting took place at a conference suite in the Principality Stadium and was a great success. The Director of Public Prosecutions (Master Max Hill) spoke about the work of the Crown Prosecution Service and the relationship between the employed and self-employed Bar who, in the words of Master Hill, ’make an equal contribution to the delivery of justice in England and Wales’. A particularly apposite speech given that the Employed Bar Committee, along with Master Hill, were invited to a Wales Circuit dinner in the magnificent main hall at Cardiff Castle the evening before. On that note, the Inn currently has an Employed Bar Working Group, led by Master Christiane Valansot and Michael Harwood, with a principal aim to make recommendations to the Inn as to how to deliver parts of the Inn’s Strategic Plan, namely to: ’Ensure that the Inn is of relevance to members who practice outside the traditional chambers structure, whether in government, commerce or other areas of practice’. As a certain Welsh writer (Roald Dahl) once declared: ’A little nonsense now and then, is relished by the wisest men’. With that in mind, on a wonderful sunny day in September 2019 at Cardiff Cricket Club and, thus, with no chance of blaming the weather for a poor performance, a distinguished Judge’s XI once again took on the might and tactical obsequiousness of the local Bar XI. Both teams were boosted by a sprinkling of Middle Templars. However, an unfortunate double booking meant that we had to enjoy the sumptuous post-match tea

pre-match whilst we waited for another game to conclude. The consequence of this was that our in-match water breaks were soon replaced with Gaviscon. The Bar XI eventually emerged as late winners and celebrated with a laudable lack of hubris. We now await the Welsh Government’s review on the current restrictions on recreational cricket with fingers crossed. March 2019 saw the inaugural meeting of the Middle Temple Wales Circuit Society in Cardiff. The main aim of the Society is to provide closer links between the Inn and all practising, teaching and student members of the Inn on Circuit. We are honoured to be led by our President, Master David Lloyd-Jones and to have the proactive support of our own ‘Regimental Sergeant Major’, Colin Davidson, to whom we owe a debt of thanks for all he does for our Inn, both here and abroad. The first Middle Temple Wales Circuit Society dinner was due to be held at the Hilton Hotel in Cardiff on Thursday 2 April 2020 and would have included a Qualifying Session led by the Presiding Judge of the Wales Circuit, Master Simon Picken. Unfortunately, as with all events of this nature, it had to be cancelled or rather, we hope, postponed until such time as we can safely gather together again. In November 2019, we welcomed the newly appointed Master Nicholas Hilliard to Cardiff Crown Court for his inaugural trial as a High Court Judge. It included a walking site visit past various pubs and chip shops which were then open for business but not as part of the site visit. As we anticipated, with a customary eye for detail, Master Hilliard had no difficulties with the pronunciation of some of the key locations, such as Senghennydd Road, Gorsedd Gardens and Gelligaer Street – names that can still baffle a local! We very much hope that we can welcome him back to Wales in the near future. Fast forward to March 2020 and the pandemic had reached these shores and spread in sufficient numbers to trigger the lockdown of most of Wales. The streets were empty, the shops and courts were closed and the Principality Stadium, which had once held cherished sporting and music events, had now been converted into a field hospital. However, on Monday 18 May 2020, with much determination and ingenuity, two Crown Court jury trials commenced. It was surreal to visit the court the week before and see one way direction markers and striped warning tape on the chairs and benches. The trial in Cardiff was presided over by Master Maura McGowan and concluded effectively under her calm stewardship in challenging circumstances. As other Crown and County Courts across Wales now physically re-open to accommodate trials in a cautious and limited way, it is a positive sign for the gradual return to a personal and professional life that we all once knew, loved and very much need.

Cardiff

2020 Middle Templar

CELEBRATING A CENTURY OF WOMEN IN LAW

BARONESS BRENDA HALE

Celebrating a Century of Women in Law Speech from the opening of the exhibition, Celebrating a Century of Women in Law, on Thursday 3 October 2019 Baroness Hale served as the first ever woman President of the Supreme Court of the United Kingdom from 2017 to 2020, and serves as a member of the House of Lords as a Lord Temporal. A Bencher of Gray’s Inn, away from the Bench she maintains her contact with academia through a variety of high level posts.

The Middle Temple, and Master Rosalind Wright in particular, are to be congratulated on having put together this marvellous collection of photographic portraits of the women of the Inn. It is invidious to single out any individuals when all are so worthy of our respect and admiration. But I am going to pick out a few to illustrate the diversity of their backgrounds and achievements.

Helena Normanton The first woman to be admitted to any of the Inns of Court. She applied on Tuesday 23 December 1919, the day the Sex Discrimination (Removal) Act received Royal Assent, and was admitted the next day. She took Silk in 1949, along with Rose Heilbron of Gray’s Inn, the first two English women to do so. She had to contend with some quite extraordinary misogyny. She was described as: A warhorse from the old feminist days and the terror of her male colleagues… a comic character quite without fear, and physically unattractive. She can only be described as large and blowsy… incredibly common not to say vulgar… a menace to the movement for she was always trying to organise the women into forming separate groups from the men.

Sybil Campbell

Dawn Oliver

The first woman to become a salaried judicial office holder, being appointed a Metropolitan Stipendiary Magistrate in 1945. She was not universally popular. Perhaps it was her wartime experience policing the black market in food that led her to impose unusually heavy sentences on petty pilferers from the London docks, which were in her area. There was even a workers’ march against her. But she survived, was an enthusiastic supporter of the new concept of probation when it was introduced and continued to sit until her retirement.

The first woman and the first career academic to be appointed Treasurer of Middle Temple. Like me, she practised in her early years but then became an academic lawyer. She eventually specialised in constitutional and administrative law, but, again like me, she spent some time among the family lawyers – we first met at the International Society on Family Law conference in Uppsala, Sweden, in 1979, discussing marriage and cohabitation in contemporary societies.

Margaret Booth The third woman High Court Judge after Elizabeth Lane (Inner Temple) and Rose Heilbron (Gray’s Inn). Like them, she was assigned to the Family Division. But, unlike them, she was a family law specialist. She was a great family judge and a great role model for me when I was learning to do the job. She inherited the beautiful judicial robes which had been made for Elizabeth Lane, using the best Russian ermine, and passed on to me when I filled the vacancy created by her retirement. I passed them on to Jill Black. So, they have had four careful lady owners and are now displayed in the judicial costume gallery in the Royal Courts of Justice.

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Pat Scotland The first black woman QC. I saw a good deal of her when I was a Judge in the Family Division. She was an immaculate advocate in every way – in preparation, in presentation and in appearance. She was a great loss to the law – and I would guess the judiciary – when she decided to go into politics as a Labour member of the House of Lords. But she had a distinguished ministerial career. She was also the first woman and the first BAME Attorney General. And she is now the first woman Secretary General of Commonwealth.

Frances Patterson A long-standing friend from our Manchester days, where she joined the chambers set up by Norman Glidewell to specialise in town and country planning. She was the first woman to make a successful planning practice outside London. She was the first woman to become head of those chambers – now King’s Chambers in Manchester, Leeds and Birmingham. She was only the fourth woman Law Commissioner in the Commission’s 45 years of existence and she made a huge success of its public law work while she was there. Then she became a High Court Judge but died tragically young in December 2016. She would undoubtedly have gone on to greater things in the judiciary. I am honoured to be delivering a lecture in her memory in this very Hall next week.

Helena Normanton

Sybil Campbell

Margaret Booth

Dawn Oliver

Pat Scotland

Frances Patterson

Eleanor Sharpston

Helen Mahy

Eleanor Sharpston The first UK woman Advocate General at the Court of Justice of the European Union. She is a formidable intellect and scholar with a properly creative approach to the development of EU law. She will be remembered for many landmark opinions which have moved the law on. The best-known example here is probably the case of Ruiz Zambrano v Office national de l’emploi [2011], where she persuaded the court that adult carers of EU citizen children had to be allowed to stay in the EU if deporting them would mean that their children would have to go too.

Helen Mahy I take a special pride in mentioning her, as she is a Manchester Law graduate from the days when I was teaching there, although I can claim no credit for her achievements. She has had a distinguished career as an in-house counsel in a variety of business environments and in business, where she is an experienced Chairman and non-executive Director; she has also been an Equality and Human Rights Commissioner. As President of the Bar Association for Commerce, Finance and Industry and someone who has been employed all my working life, I recognise that there are many other ways of making a successful career in the law than self-employed practice at the Bar. As a judicial friend from Canada puts it – a good legal brain is a portable joy!

2020 Middle Templar

GALA DINNER

CAMILA FERRARO

since Helena Normanton’s first Qualifying Session Camila Ferraro is this year’s President of the MTSA and is also a Jules Thorn Scholar. She was born in Colombia and raised in Cambridge. Camila is passionate about international criminal law and advocates for minority backgrounds at the Bar. Alongside her studies, Camila works as a Modern Slavery Support Worker at the Medaille Trust.

Camila’s speech from the Celebration of Helena Normanton’s first QS, on Thursday 16 January 2020. My journey begins in a world tucked 5,000 miles away, surrounded by the Amazon and home to people obsessed with dancing Salsa – Colombia. As we mark ‘100 Years of Women in Law’, I wanted to quote Gabriel Garcia Marquez, a Colombian Nobel laureate who authored One Hundred Years of Solitude: ‘What matters in life is not what happens to you, but what you remember and how you remember it’. I may have been very young when I encountered the following experiences, but what I remember, and how I remember them, have shaped who I am today. I was born in Medellin, Pablo Escobar’s hometown, within two years of his death. Violence and crime had torn my family and neighbourhood apart. Escobar’s death triggered a chaotic aftermath that left two of my uncles murdered. One of my earliest memories is being held hostage at gunpoint, with my family praying that I do not break into tears as a four year old and provoke the armed robbers. Worried about our lives in Medellin, my single mother and I moved to the UK as refugees and settled in Cambridge. My fiercely independent mother worked tirelessly to provide for me ever since and I am delighted to have her in the audience today, alongside two of my aunties – who probably deserve more credit for my achievements than I do.

As I have grown older, my childhood experiences have begun to give me a sense of purpose. They have made me ask questions about justice and fairness, and have roused my curiosity to study law. Without them, I would not be pursuing a career at the Criminal Bar. Middle Temple has been instrumental to my achievements and progress in many ways. Firstly, it is easy to feel disconnected from this profession when you come from a different world. There is an adjustment you have to make and Middle Temple helped me a lot in that way. I felt a sense of community as I walked through these doors. Secondly, Middle Temple has helped pay for the entire Bar course. When it came to the MTSA elections, my collective experiences had been so positive that running for the presidency position came as a no-brainer. Today, half of the MTSA is comprised of females. We have six ethnicities and individuals from the LGBT and disability communities. I hope this reflects the future of the Bar.

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INTERNATIONAL WOMEN’S DAY EVENT

EMMA HUGHES

MTYBA & MTSA

International Women’s Day Event Emma Hughes is MTYBA’s Diversity & Inclusion Officer for 2020 and currently works at Miles & Partners Solicitors in the Public Family Law department. Middle Temple made the pursuit of a career at the Bar an attainable possibility by granting Emma a Jules Thorn Scholarship.

In light of the celebration of 100 years since the passing of the Sex Disqualification (Removal) Act 1919, which permitted woman to become barristers, solicitors and jurors for the first time, the Middle Temple Young Barristers Association (MTYBA) and Middle Temple Students’ Association (MTSA) held an International Women’s Day event on Friday 6 March 2020. Our event highlighted the significance of the Sex Disqualification (Removal) Act 1919 but also importantly noted it was birthed during the suffragette era, and despite this monumental achievement women did not have the absolute right to vote until 1928 – almost a decade later. The evening featured a display of Helena Normanton’s artefacts, who was the first woman to be admitted to an Inn of Court, namely Middle Temple. We had a host of distinguished speakers, including

Masters Isobel Plumstead, Jo Delahunty and Elaine Banton, and Rebecca Major. These esteemed advocates gave refreshingly honest accounts of their experiences as women at the Bar. Their openness on personal experiences of discrimination, career progression and harassment highlighted the prejudices that existed and the improvements that still need to made today. The message reinforced was that we are capable of anything and should never limit ourselves or allow others to project their limited views and expectations onto us. We also paid tribute to women who were trailblazers in the profession such as: Dame Linda Dobbs, the first black High Court Judge; Baroness Hale, the first female President of the Supreme Court; Dame Rose Heilbron, the first female Judge in the Old Bailey; and Master Patricia Scotland, the first black woman to obtain Silk. The legacies of women such as this are a shining beacon of what can be achieved. Our panellists highlighted that it is pivotal not to pull up the ladder behind you, but to ensure you pave the way for others future success. The talented soprano Francoise Berdugo and pianist Marco Perez from the Royal Academy of Music performed three enchanting pieces: Puccini’s O mio babbino caro, Donizetti’s Prendi, per me seilibero and Johann Strauss’s Mein Herr Marquis. We hope that the event celebrated, informed and inspired future generations of women in the profession.

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CRÉME DE LA CRÉME

MASTER ROSALIND WRIGHT

Créme de la Créme Climbing Rose Master Rosalind Wright was Called to the Bar in 1964. Director of the Serious Fraud Office 1997-2003, and previously General Counsel and an Executive Director for ten years at the Securities and Futures Authority. Prior to taking up that appointment, she was an Assistant Director of Public Prosecutions, where she worked for 18 years, after five years in practice at the Bar. She was Lent Reader in 2010.

On a murky December lunchtime, the joint Masters of the Garden, Masters Carol Harlow and Judith Parker, together with our then Treasurer, Master David Bean, and our Head Gardener, Kate Jenrick, planted a new climbing rose against the west wall of Hall. The rose, a beautiful new variety, Crème de la Crème, was planted to mark the centenary of the Sex Disqualification (Removal) Act, 1919, which ended the bar on women entering the profession. The rose shares its bed with a new clematis in the colours (purple, white and greens) of the Women’s Social and

Political Union, set up by Emmeline Pankhurst to campaign for women’s suffrage. Women had achieved the vote, at least in part, in 1918 and a year later Helena Normanton seized the opportunity offered by the 1919 Act to become, on Christmas Eve, the first woman member of Middle Temple – indeed of any Inn of Court. Middle Temple has been in the forefront of celebrations of 100 years of women lawyers. The exhibition in Hall, Celebrating a Century of Women in Law, attracted a large number of visitors. It featured the portraits of 25 distinguished female Middle Templars, from Helena Normanton to the present day, with a further 50 or so portraits, including Elsie Bowerman (who survived the Titanic disaster) and current Middle students and scholars, on a digital display and on banners outside Hall. The exhibition ended in January but the rose will, we hope, be a more permanent reminder of how far women have come in a short time at the Bar and will continue to flourish for many years to come.

From left to right: Master Judith Parker, Master David Bean (2019 Treasurer), Master Rosalind Wright, Master Carol Harlow, Dr David Wright and Kate Jenrick

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MTYBA DARK WATERS EVENT

HAYLEY BLUNDELL

MTYBA Dark Waters Event Hayley is the secretary of MTYBA. She works for King’s College London in their legal clinic whilst she seeks pupillage. Previously she worked for Support Through Court at the Royal Courts of Justice. She studied Law with Open University after 12 years of community work in the North.

We all have a tendency to disbelieve the bizarre. Having worked with litigants in person for three years during and after the Bar Professional Training Course (BPTC), I developed a thick skin and slowly, without realising it, forgot the reason I wanted to become a barrister: to help people through their difficult legal situations. It was not until a recent Middle Temple Young Barristers’ Association (MTYBA) event I realised I had become removed. During lockdown MTYBA has been continuing to host events to encourage and inspire junior members. On Friday 15 May 2020, fresh from a week of working from home and, ironically months of household discussions on which cookware to purchase (watch the film), we sat down as a house to join MTYBA in watching Dark Waters; a film based on the real life story of Robert Bilott, who, as a lawyer, spent 20 years fighting against DuPont, a chemical company, for poisoning the water supply of Parksberg in West Virginia. After the film we had the privilege of having Mr Bilott join us for a Q&A session where he shared his experiences and updated us on what is happening now with the cases. I will try not to ruin the film for those of you who are yet to see it but there were several ‘lawyer life lessons’ I would love to share. Within the first few minutes of the film we are introduced to Mr Bilott (played by Mark Ruffalo) who is making his living from defending chemical companies. We are also introduced to Wilbur Earl Tennant; he is hard to understand and explains he believes a big chemical company is responsible for the death of his cows. Mr Bilott responds, as many of us would, with ‘thank you for coming to see me but I cannot take on your case, good luck’. After all, Mr Bilott’s firm, we learnt from the live Q&A afterwards, did not take on plaintiff’s cases, they were a defence firm. Mr Tennant’s next line is one of many throughout the film which hit me right in the heart: ‘I don’t need luck. I need your help’. He also alluded to Mr Bilott being just like the rest of the lawyers he had already contacted – ‘too yellow to take on the case’. Speaking to the real Robert Bilott afterwards and hearing his response to the question: ‘What advice would you give to young lawyers who have a client turn up on their doorstep, who says all other lawyers are too yellow to take this case?’ was illuminating. He spoke of the need to trust your gut, to take risks based on your instincts and risks that you could live with, as you never know what will happen over the coming 20 years. Mr Bilott explained to us during the Q&A that media interest surrounding this case has always been low. An image that will stick with me is a little later in the film when Mr Bilott has decided to take on Mr Tennant’s case. You

Robert Bilott on Zoom during the Dark Waters event

see a sign of the level of corruption and power big companies have over the world we live in. Mr Tennant goes to his local diner for his ‘usual’ and is greeted with coldness. He sees an article: ‘Disgruntled farmer sues city’s biggest employer’ in a paper laid on the table. Of course, the press are independent investigators of truth and can never be bought. The defence firm Taft Stettinius & Hollister obviously struggled to understand why Mr Bilott would throw away his career in order to represent the plaintiff. Mr Bilott shared with us how difficult this time had been for him and how clients just stopped calling. One of Mr Bilott’s supporters, during a partners’ meeting, where the continuing support of the case is being discussed, displays frustration at those who refuse to read the facts of the case before passing judgement. The line: ‘Read it and then tell me if we should be sitting on our asses, it’s no wonder the American people don’t trust lawyers’, is another one of those lines which connects on an emotional level. Something I had not considered was discussed in the Q&A; at the time Mr Bilott was asking for his firm’s financial backing, the 2008 recession was hitting hard. I guess what Mr Bilott was asking is the equivalent of asking right now, amidst the Covid-19 lockdown, for backing of £10 million for a case that, on the face of it, seems unwinnable and could cause serious reputational damage for chambers. Mr Bilott’s career displays his deep integrity and fight for the truth to be known by all. These characteristics were also displayed clearly by his firm and the plaintiff’s in these cases, who appeared to be far more interested in the truth and justice than in any pay out of damages. Some of the scenes throughout the film, were incredibly uncomfortable to watch as an aspiring female barrister. Specifically, the scenes where women lawyers were outlining how they would have to keep pregnancy a secret from the firm’s partners ‘as long as possible’ and even seeing that Mr Bilott’s own wife never returned to her career as a lawyer after mothering three boys. However, my favourite line in the whole film comes from Mrs Bilott. Mr Bilott has just suffered a stress induced health scare and is in hospital. Mrs Bilott is making sure his boss is aware that his lack of belief in her husband has made him feel like a failure and is a contributing factor to his ill health. I conclude with her line which displays the real heart of this film and the Bilott’s story, thus far: ‘Risking everything you have to help someone is not failure’.

2020 Middle Templar

THE RULE OF LAW UNDER ATTACK

SALMAAN HASSANALLY

The Rule of Law Under Attack Salmaan Hassanally is the Treasurer of MTYBA and is a tenant at 4-5 Gray’s Inn Square. He specialises in property law, and has a growing commercial and chancery practice, in addition to which he works with BID to represent immigration detainees on a pro bono basis.

On Saturday 18 April 2020, 15 pro-democracy luminaries were arrested in Hong Kong. Amongst them was the eminent Martin Lee QC SC, who was involved in drafting Hong Kong Basic Law – Hong Kong’s constitution which enshrines the principle of ‘one country, two systems‘. The same day, a joint statement was published by, amongst others, the Bar Council of England & Wales, ‘[urging] the Hong Kong authorities to immediately release the 15 individuals arrested and drop all charges against them’. On Wednesday 29 April 2020, Middle Temple Young Barristers’ Association

(MTYBA) members were extremely fortunate to be joined (virtually) by Martin Lee QC SC, along with Dennis Kwok and Benedict Rogers, for a talk on the erosion of the rule of law in Hong Kong. Benedict Rogers, the founder of Hong Kong Watch, opened the discussion with an overview of recent events which have taken place to undermine the rule of law, including: the abduction of booksellers from Hong Kong (Causeway Bay Books disappearances); the disqualification of Nathan Law as a legislator on account of his quoting Gandhi prior to taking his oath; denying Kenneth

Roth, Executive Director of Human Rights Watch, entry to the country upon his arrival at Hong Kong International Airport; the arrest and detention of Simon Cheng in West Kowloon train station in Hong Kong (under the co-location principle); a proposal to introduce legislation criminalising criticism of the national anthem; and of course the event which led to mass protesting, the controversial extradition bill. These events clearly indicate an ever-increasing encroachment by the Chinese authorities into Hong Kong domestic law, and Ben concluded by reminding MTYBA members that not only does Britain have a moral obligation to Hong Kong, given its historic direct responsibility over the 99 year period, but it also has a legal obligation in the form of the Sino– British Joint Declaration, which places on Britain the duty to monitor and defend promises it made to Hong Kong. The next speaker was Dennis Kwok, a barrister, democrat, and representative of the legal functional constituency in the Hong Kong Legislative Council (essentially the ‘MP for lawyers’) – a position that was first held by Mr Lee. Mr Kwok expanded on the issue of authoritarianism creeping into free and liberal society, the hallmark of which is to bypass parliament and criminalise behaviour which the Chinese authorities deem unsatisfactory. He cited the revival and use of colonial-era emergency powers to ban the wearing of facemasks in protests as an example of this, before turning to the legal challenge to the ban by way of judicial review: although met with success in the High Court, the Court of Appeal overturned the decision, and it remains to be seen what the Court of Final Appeal decides. Dennis highlighted that such egregious interference was a clear breach of Article 22 of the Basic Law, one of its most fundamental

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provisions, which stipulates that: ‘No department of the Central People’s Government … may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accordance with this Law’. Mr Kowk shed light on the underwhelming police reaction following the attack which took place in July 2019 at Yuen Long MTR station, in which a large group of men dressed in white began indiscriminately beating passengers, and the inaction on the part of the state following the gratuitous displays of police brutality during last year’s protests for which not even one policeman has been held accountable. He contrasted this with the excessive state response towards democrats: using the guise of Covid-19 and social distancing to selectively prosecute gatherings of those who share pro-democratic values. In his closing remarks, Mr Kwok candidly informed the captive audience that he was not calling for the independence of Hong Kong or for self-determination. He simply wanted China to honour the principle of ’one country, two systems’. The final talk was by Mr Lee himself, who offered greater insight into what had been touched on by the previous

speakers. Mr Lee confirmed that China only regained Hong Kong in 1984 on the undertaking that it would not rule Hong Kong from Beijing for at least 50 years, and upon promising that the lifestyle and legal system of those living in Hong Kong would remain unchanged. He expressed the view that although difficult, the principle of ‘one country, two systems‘ could work in theory, provided two essential conditions were met: 1) all members of the legislature must be elected; and 2) there should be no external interference by Beijing. The reality on the ground is that universal suffrage is still nowhere in sight, and that inference continues to increase at an alarming rate. By way of example, strongly worded statements have been issued by Beijing attacking Mr Kwok, criticising the High Court bench which presided over the facemask case, and applauding the Court of Appeal which overturned the decision. It is thought that the aim of such announcements is to influence the judges of the Court of Final Appeal who are due to hear the case shortly. Mr Lee doubted whether he would have a fair trial if Beijing was allowed to play a supervisory role in the legal system and called on the British

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government to stand up for the rights of those in Hong Kong. After all, how can other countries be expected to express concern when Britain, a party to the Joint Declaration, was not itself willing to forcefully speak out. Middle Temple has always had strong links with Hong Kong, and the Middle Temple Society in Hong Kong is the oldest of the Inn’s Overseas Societies, with the official constitution being signed in 1998. Each year the Society sends six barristers to London to receive advocacy training by the Inn, and in turn the Inn awards an annual overseas scholarship to Hong Kong to one of its members. In hosting this event, which amassed over 100 virtual participants, MTYBA reinforced the relationship between the Inn and Hong Kong, and showed solidarity with those being persecuted for defending the rights of others. None of the speakers called for more or greater rights. They were simply fighting to keep the rights they already have. In 1996, Master John Major promised that ‘Hong Kong will never have to walk alone‘. It is now, perhaps more than at any other time in its past, that Britain needs to remember this promise, and its responsibilities to Hong Kong.

EDUCATION

Education Update The 2019/20 academic year started just like any other. A new intake of BPTC students eagerly flocked to the Inn to attend their introductory Qualifying Sessions (QS) and elect the Middle Temple Students’ Association (MTSA) committee for the year. We allocated sponsors to any student who requested one and distributed the cheques that would help our scholars pay for the Bar Course. As in the previous year, the Inn continues to have the largest share of all the students studying for the Bar. We had to hold four Call ceremonies in November to accommodate 234 students from the previous intake who were eligible to be Called. This was in addition to 266 and 59 who had already been Called in July and October 2019 respectively. Before we knew it, December was upon us and with it the Cumberland Lodge advocacy weekend, the mooting competition introductory session, Christmas parties and then a well-earned break. 2020 began with the sad news that, after working at the Inn for over 17 years, Sarah Hankinson would be retiring. When we left the Ashley Building towards the end of March, we did not really have any idea what the next few months would hold. We trickled out one by one, wanting to avoid the crowded trains at rush hour, not sure if we should hug our co-workers goodbye. As I am sure was the case for everyone else whose offices had suddenly moved to their kitchen tables, our first virtual team meetings were slightly hesitant and often interrupted by rogue pets. Our first discussions about how we would move the majority of our work to the digital realm were optimistic but slightly overwhelming. ‘Well, we will just have to cross that bridge when we come to it’ was a common, determinedly calm refrain. We are writing this in early June, more than two months since we were last in the Treasury Office. We are proud to report that as a department we have adapted quickly to this new way of working and achieved things that, at the beginning of the year, had never even crossed our minds. Our Outreach Officer has spoken to prospective students around the globe, over 300 scholarship interviews have been held remotely via video-link, and our Advocacy Weekends, New Practitioners’ Programme, Pupils’ Courses, Vulnerable Witness Training and the Rosamund Smith Mooting Competition have all moved online. We are also well on the way to organising enough online QS to provide the 2,500 individual points that we estimate are needed by those on the Bar Course this year. That we have done so is a testament to both the hard work of the Education team, and the enthusiasm, patience and generosity of our students, Hall members and Benchers. Not to mention all participants’ unfailing good humour when microphones, cameras, and other technology simply refuse to cooperate! We have done our very best to replicate the collegiate and collaborative atmosphere that makes the Inn vital to our students’ development. However, nothing can wholly make up for real face-to-face contact and opportunities to socialise with other members of the Inn. The unexpected challenges we have faced in transitioning to the current ‘normal’ have introduced us to new ways of working and

there will undoubtedly be valuable lessons to take away from this time. But are we looking at an entirely digital Inn in the future? Far from it.

Sarah Hankinson We considered writing something to try to express, however insufficiently, the mark Sarah has left on the Education department and on the Inn as a whole. Then we remembered that she hates fuss (always taking the day off on her birthday so we could not gather at her desk for the obligatory singing) so we abandoned that idea. If we had written something we would have talked about Sarah’s kindness and her sense of humour. We would have remembered her beautiful homemade Easter cards, her flair for seasonal office decorations, and the ‘Welsh cakes (from Wales)’ that she brought in for us. We might have recalled her love of puzzles, her astonishing ability with accents, and the fascinating stories she would innocently drop into conversation. We would have mentioned that during one team member’s first week, Sarah very kindly took her to Evensong at the Church and introduced her to what felt like everyone involved in Temple Music – this is another group of people who will miss her greatly. We might have alluded to her unforgettable coinings – the embosser used to stamp Call certificates, known colloquially as the ‘kathunger’, and the semi-mythical figure of a hypothetical student called Charlie Farsbar, to be regarded with fondness and pity and endless patience. ’I’ll send an “e”’ she would say cheerfully, heading off to wrestle with another fiendishly complicated Specially Qualified Applicant application. We would note, incidentally, that we cannot count the students who made a beeline for her at their Call Day to say thank you for all her help, nor those who told us they joined Middle Temple because they went on a guided tour with Sarah before admission. At Call and the Garden Party, we might have observed, Sarah would insist that she wanted to man the merchandise stall or the ticket desk, claiming she was not good at mingling. She would then happily spend the entire evening chatting at length to numerous students, members and guests. Finally, we would perhaps have closed by asking her to forgive us for writing anything but pleading that we could not help ourselves – we will all miss her so very much.

Sarah with Master Peter Cowell

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MOOTING TRIP TO CHEROKEE

THOMAS SAUNDERS & THOMAS MALLON

Mooting Trip to Cherokee Thomas Saunders was Called to the Bar in 2019, having completed the Bar course with the support of the Inn’s Nicholas Pumfrey Memorial Scholarship. He is currently a pupil at Keating Chambers, where he will begin tenancy in September 2020.

Thomas Mallon was born in San Francisco and educated in the UK. He was Called to the Bar in 2019, with the kind assistance of the Inn’s Quatercentenary Scholarship. He is currently undertaking pupillage.

A long time ago (last September, while the planes were still flying) and in a land far away, a band of intrepid Middle Templars girded up their loins and ventured into the heat and the mists and the mountains. Under the auspicious leadership of Master Treasurer (Master David Bean), Master Richard Wilmot-Smith and Christa Richmond, we had conducted a whistle-stop tour of the state, taking in the University at Chapel Hill, the pretty eastern town of Edenton and the State Supreme Court at Raleigh (named after a Middle Templar, Sir Walter Raleigh). After a series of hard-fought and highly competitive moots against the North Americans, each one undoubtedly a score draw, we were on our way west – to the Blue Ridge Mountains and the border with Tennessee. From Chapel Hill we made our way to Asheville (where we ate ‘grits’ and drank whiskey at a bluegrass session) and from there up into the Smoky Mountains themselves, to the Eastern Band of Cherokee Indians and the Qualla Boundary. As we emerged from atop a swell of green to enter the Qualla Boundary, it was clear why the Cherokee had picked this spot to resist the United States forced removal of their people. It is a natural fortress, a deep valley walled by old mountains. At first glance, however, there is little to distinguish the reservation from other parts of Appalachia. An old gas station sits comfortably at the main intersection; we pass an all-you-can-eat buffet called Momma’s. The phrase ‘a tourist in one’s own country’ is usually deployed in service of the kitsch, quaint, or picturesque. One sees visions of the city-slicker in the country village, or the journalist in the run-down sea-side resort. For one of

The group gathered in Raleigh

us, however, the phrase had taken on an unexpected literalism. The Mallon side of this article’s authorship equation is, in fact, American – and as foreign as your Californian representative had found North Carolina, he was now in a place which was, if not a foreign state or quite a foreign nation, an independent legal system. Our first stop is the still new Anthony Edward Lossiah Justice Center, built in 2014 at a cost of $26 million. We pass under the portrait of Anthony Lossiah himself, a

In the Supreme Court in Raleigh

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judiciary, consisting of a number of justices headed by a Chief Justice; there is a trial court and an appellate court. Trial is by jury and the North Carolina Code of Evidence is applied. We are told that the practitioners and judges in the Cherokee courts qualified within the standard American legal system. Most of them are graduates of the University of North Carolina at Chapel Hill, where we had just finished mooting. Other tribes, however, approach matters in very different ways – ‘Indian law’ is, in truth, several hundred different systems of law.

The group in the Cherokee Court

Cherokee police officer who died in 2015 of injuries sustained during a foot pursuit. Once inside, we are taken through to the courtroom itself. All government business is in abeyance, because a senior member of the tribe has died, so we do not see the court in action. Instead, we sit and speak to two of the judges of the court – the Chief Justice, one of the Associate Justices – and one of their prosecutors. The Eastern Band of Cherokee Indians is descended from about a thousand members of the Cherokee who remained in the east when the Indian Removal Act 1830 forced the removal of the vast majority of the tribe westward, to what is now Oklahoma. It now has about 15,000 ‘enrolled’ members, of whom approximately 11,000 live on the Qualla Boundary. No more than 300 have Cherokee as their first language. We learn a little about Cherokee – most notably, that the syllabic script in which it is written was invented by a man named Sequoya, who had never learnt to write any other language. They talk to us about their legal system, particularly the uneasy compromises that mark its interface with the wider state and federal justice systems. Little by little, the anomalous politico-juridical nature of the Native American tribe is made apparent. We grope towards an understanding of what the gnostic description we were given to start with – ‘domestic, dependent, sovereign’ – actually means. The most complex and controversial area seems to be criminal law, where the interaction between tribal, state and federal jurisdiction depends on the status of both defendant and victim, as well as the nature and location of the offence. This appears to be in part because of severe federal limitations on the powers of the tribal courts – maximum sentences for any one offence of three years, and a maximum total sentence of nine. This most often comes into play when non-tribal Americans commit petty offences on tribal lands—offences over which the tribe can have punitive jurisdiction. We are told with some dissatisfaction, however, that the tribe would have no jurisdiction over a non-native who murdered a member of the tribe, wherever the killing took place (although, they warned us, that rule did not apply to the non-Americans among us). That is made more cutting by the fact that the Cherokee do not impose the death penalty, while North Carolina has 143 individuals on death row at the time of writing. The Eastern Band of the Cherokee have a system which is in many ways recognisable to the common lawyer. There is a distinct

After finishing in the court building, we go for lunch in one of the diners we passed earlier, at the specific recommendation of the Chief Justice. It takes the form of an all-you-can-eat buffet. Most of the food is delicious (although much is unsuitable for your vegetarian correspondent), but one of our group is in for a nasty surprise when what she had taken to be custard turns out to be unadulterated animal fat collected from the various meat options. When we asked her about it for this article, her face blanched and she declined to comment. After lunch, the time has come to visit the casino. This is the most surreal experience of all. We are slightly befuddled. We are, after all, lawyers, not gamblers, but our guide is the very judge we spoke to earlier. The Cherokee casino is an object lesson in the knotting of law with politics and economics. The tribe’s sovereign status means that the casino’s profits are absolutely free of any state or federal taxation and the casino itself is immune from suit. We enter a palatial structure that smells strongly of cigarette smoke. The front entrance is a vast hotel foyer, with prominent screens flashing up the names of winners. Stepping onto a balcony, a great gambling floor comes into view. Electric lights flash and the ‘ka-ching’ of slot machines tinkle. It is the middle of the day, so activity is limited, but time feels warped. There is not a single clock in sight. The fresher-faced among us are IDed before we are allowed down onto the floor. Those tax-free profits mentioned earlier are colossal. Gamblers flock from the Carolinas, Georgia, Tennessee, and even Alabama. Half is paid out each year to the enrolled members of the tribe, including (albeit held on trust) the children. The remaining 50% is kept in the public

Judge Brad Letts

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purse and spent for the benefit of the tribe. This includes full university tuition payments, a new hospital we are invited to see, and the court building we visited earlier. Whatever one’s views on gambling, history makes it hard to begrudge the tribe this prosperity. It is now clear why the judge wanted us to see the casino – it is impossible to understand the Cherokee today without it. It is impossible to understand the significance of tribal law without it. Their legal system, uniquely within the majority of US states, could make gambling legal on Cherokee land. The casino provides the funds needed for basic social infrastructure: hospitals, schools, and courts of law. The courts of law ensure the casino’s profitability by asserting its immunity from suit, for example. I am reminded of the Norwegian Oil Fund – it could have been any resource, but in a way their resource was law – their legal system found an economic loophole and took advantage of it. The casino is important because it was the first thing that allowed wealth to accumulate here since the arrival of Europeans.

Tar Heels at Kenan Memorial Stadium

Our last stop of the visit is the Museum of the Cherokee Indian, another beneficiary of the Eastern Band’s casinorevitalised fortunes. We have already heard much of the historical background, at least from the 19th Century on, and the museum appears to be pitched at a younger audience in any event. The combined effect is that, although interesting, it feels slightly superficial, and we’re left wishing for a slightly more in-depth look. At that same time, we feel that we have already had it. Finally – fascinated, bemused and impressed in equal measure – we leave the reservation. As we climb higher into the hills, the trees and buildings below shrink, and the vast expanse of the mountains beyond comes into focus. Mountains have a tendency to bring out the sententiously poetic in even the most stolid of characters, and that tendency must be strenuously resisted. We had arrived expecting something between kitsch and depressing. We had left a tough little proto state that consciously or unconsciously seemed to have modelled itself as Scandinavia with elbows. The Californian tries to reflect on a history he knows too little about, and it is fitting that one of us still has the taste of grease in her mouth.

Southern hospitality

The group at the Caldwell Monument, commemorating Joseph Caldwell, President of UNC in the early 19th Century

Edenton

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MOCK PUPILLAGE INTERVIEWS

Mock Pupillage Interviews I first applied for Pupillage whilst on the Bar Course in 2017. This year, I applied again for the fourth time. I am well aware of the dangers and pitfalls, heartbreak and hard work involved. It cannot be overstated just how valuable the Mock Interview Scheme is; I could not recommend it more. I am all too aware how difficult it is to maintain the required level of confidence as the inevitable rejections come in. Doing a mock interview is vital to regaining that confidence, knowing your strengths and weaknesses, and harnessing feedback to spur you on. Pupillage interviews are like pancakes – the first is always the worst. The first pancake is always a ‘tester’, to make sure that the heat is right, that you have the right amount of oil in your pan, and your batter is the right consistency. You need to remind yourself how to get into the right headspace and to feel (or at least act) confident. Many chambers do not offer feedback after first round interviews, so the opportunity to sit and discuss your performance immediately is very valuable. You can only apply for a mock interview once you have been offered a pupillage interview, so I treated it as though it was the real thing and prepared accordingly. The barrister who interviewed me stayed in touch following my mock interview, offering support and advice regarding second round interviews, the Covid-19 situation at the Bar, and what to do over the coming months to prepare for 2021 applications if I am not successful this year. I would recommend all applicants take advantage of this scheme and the support offered by the Inn, whether you are in London or further away – one silver lining of lockdown is that nobody can tell you they cannot conduct electronic interviews!

Louisa Simpson

The Mock Interview Scheme was invaluable for me because of my unusual background. I was pursuing my doctorate at the Royal College of Music some years after qualifying as a solicitor before moving into artificial intelligence. This meant that I was not part of any community with others applying for pupillage and could not benefit from the cross-pollination of knowledge within a network of peers going through the same process. I focused my applications on intellectual property sets and did all the usual homework, looking at rankings and trying to learn about individual barristers. But what might intellectual property pupillage interviews be like? And further down the line, what are the realities of being an intellectual property barrister? I had no one to ask. I stumbled upon the Mock Interview Scheme through the Inn’s website and applied, expecting a response a few weeks later. It was a pleasant surprise to receive a call from the Education Department that very same day. Within hours, they had found an intellectual property Silk in a top set willing to meet me for a mock interview the next working day. He had clearly read my application in detail, and he quickly discerned weaknesses within a few questions. For example, I would say that there are three reasons for something, and then fail to articulate my response as three clear points. I asked about the kind of problem questions I might expect applying to an intellectual property set and he put short practice ones to me on the spot, as well as suggesting how first and second round interviews might differ. Finally, I asked my questions about intellectual property practice. He not only gave information from a practitioner’s viewpoint but put this in the context of my unusual background. He led me to resources where I could follow

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legal developments relevant to my interests. The real interviewing process was tough. I encountered both unexpected failures and successes. As I progressed through to the second rounds, this mock interview conversation prepared me for the rollercoaster ride. Later, he sent me an article about artificial intelligence he knew would interest me and I was very touched by the thought. The Mock Interview Scheme not only led to an incredibly helpful conversation but reminded me that the Bar is a profession of humanity as well as intelligence.

Max Wong It has been a decade since, with Middle Temple’s help, I obtained pupillage at a top tier set. The year before I had not been offered a single interview from 15 applications. Then I was awarded a scholarship, I competed in the Rosamund Smith Moot, and was allocated a sponsor; all provided for by the Inn. Now, when I am asked whether I can assist other Middle Templars who are looking for pupillage – by providing a mock interview – there can only be one answer. Obtaining pupillage remains the single biggest barrier to entering the Bar. In 2020/21, there were expected to be 435 pupillages offered. This was before the Covid-19 lockdown which will reduce the number of chambers offering this opportunity. For these 435 places there will be approximately 3,000 applicants. This will consist of successful students from 1,624 people who began studying the Bar Professional Training Course (BPTC) in 2018/19, in addition to former graduates from the BPTC who have been unsuccessful in gaining pupillage in previous years. Using the conservative approximation of 3,000 applicants the statistical chance of obtaining pupillage is one in seven (14.5%); getting pupillage is tough.

Through the Inn, I help by providing mock pupillage interviews either in person or over the phone. The commitment is minimal (approximately 30-45 minutes of my time) because chambers interviews are generally very short (15-20 minutes long). While different chambers will take various approaches to their interview style, the Bar Standards Board training on interviews means that most will consist of a similar structure. I begin each mock interview with an advocacy exercise, normally a topical item in the news which has contra points of view. The candidate has a short time to prepare (five to ten minutes) after which they will give a short presentation (normally no more than two minutes). Once the presentation is complete, I either test the candidate’s submissions or ask them to present the alternative position. I can then provide feedback. Feedback is another resource that Middle Temple has provided to me, for free, over the years. Whether it was my original advocacy training as

a new practitioner, or more recently as part of the Training the Trainers course, the Inn has repeatedly taught the Hampel method for feedback (Headnote; Playback; Reason; Remedy; Demonstration; Replay). There is no requirement that feedback is delivered in this way, and another mock interviewer may simply wish to have an informal chat at the end. There is always something of interest within the interviewee’s application or CV to focus on next. Mock interview candidates will be applying to sets practising in the same area as the interviewer; albeit not at the interviewer’s chambers. The candidate will have been offered an interview, which means the application will be strong. Advocacy is at the forefront of my practice and I like to explore the candidate’s passion and enthusiasm for this area. It may be that other areas of practice value different skills or knowledge. Regardless, the candidate’s application will have a point-ofinterest otherwise they would not have been offered an interview.

‘Be Not Afraid of Greatness’ William Shakespeare, Twelfth Night

Finally, I will present the candidate with an ethical dilemma. This is where mock interviews generate the greatest value. Ethical questions will rarely have a ‘right answer’, and the purpose is often to test how a candidate responds rather than to assess the answer they provide. Whatever position the candidate takes, I will adopt the opposite and will seek to undermine their submission. Candidates may feel under pressure, get flustered or flipflop but this simply does not matter because a mock interview is practice. The purpose of the mock is to prepare the candidates so that when they are in the real thing, they can be calm and poised. Mock interviews really help. Whether you are a new tenant or a silk, we have all benefitted from being part of Middle Temple, and I feel a great satisfaction from contributing back in this small way.

Sam Thomas, 2 Bedford Row

At Middle Temple we encourage greatness and by donating to the Middle Temple Scholarship Fund so can you Last year 105 great students received a scholarship from Middle Temple. ‘I cannot tell you what a massive difference this scholarship will make to my life and I am so excited to be starting the course’ To give to Middle Temple Scholarships contact the Development Department development@middletemple.org.uk Reg Charity No 314246

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VOLUNTEERING AT CALL DAY

MASTER ELAINE BANTON

Volunteering at Call Day Master Elaine Banton was Called to the Bar in 1996. She is co-author of the chapter on Human Rights and Employment Law for Tolley’s Employment Law and was named a ‘Pro Bono Hero for 2009’ by the Attorney General’s Office. She is a member of the Temple Women’s Forum, Co-Chair of the Bar Council’s EDSM Committee, on the Bar Council’s GMC and Co-Chair of the Inn’s newly established Racial Equality, Inclusion and Anti-Racism Working Group.

Call Day is an important and memorable ceremony on the Inn’s calendar for several reasons. Marking our students’ successful completion of their BPTC and 12 Qualifying Sessions, they are then Called to the Bar in the prestigious Hall. I remember my own Call Day vividly and, having attended some recent Call ceremonies since being elected a Bencher last Spring, this noble tradition happily remains as strong as ever.

For my part, attending Call Day has been one of the most rewarding aspects of being a Bencher. It is marvellous to be present at such a joyous, momentous occasion for the students. After the ceremony, when each student has taken rightful possession of their crucial certificates and many photographs have been taken, there is time for congratulations, discussion and reflection. It is indeed a privilege to share in the students’ excited elation about their achievements. In the summer months this often involves

My most favourite aspect of the ceremony is speaking to the students and their families after they have had some time for it all to sink in. Some paths have been quite mapped out already and others will need more planning and effort to navigate their place in the world. Sharing in their hopes and aspirations for the future with their proud, smiling parents, I am transported back to my Call Day, with all the excitement and anticipation that it brings. It is a special ceremony and one that I will continue to engage in regularly. There are Call ceremonies in the afternoon and the evening, which can be accommodated within a working day. I wholeheartedly encourage all Benchers to attend and take part in this wonderful celebration, supporting our students as they embark on their careers as fully fledged Middle Templars.

The students are all lined up, dressed impeccably in their wigs and gowns, with proud friends and families cheering them on. Master Treasurer and Master Reader officiate and

address the students in bold, encouraging terms that will resonate with them for years to come.

festivities in the garden, otherwise good food and drink is served in the Bench Apartments.

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Â© Success Photography

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OUTREACH

RICHARD FROST

Outreach Richard Frost joined the Inn in 2015 as the Education Services Assistant, before becoming the Bench Events Co-ordinator in 2016. In 2019, Richard became the Inn’s first Outreach Officer and is now responsible for co-ordinating the Inn’s Equality Diversity and Social Mobility programme; Access to the Bar Scheme; Open Days; disabled access and support; and mental health first aid.

In early 2019, I joined the Inn’s Education Team as its first Outreach Officer. This might suggest that the Inn’s outreach programme only began a few months ago, but in reality, Middle Temple has been working to promote the profession to those from non-traditional backgrounds for many years. Events like our Open Day, which welcomes hundreds of students into Hall to network with our members or the Access to the Bar scheme, launched by Master David Bean and Master Andrew Hochhauser, which enables undergraduate students from families with limited family history in higher education to gain some vital work experience in chambers and with judges. This is not to mention either the commitment the Inn’s members have to making Middle Temple a welcoming place for students from all backgrounds, or the helpful and supportive efforts of the Inn’s staff. What having a dedicated Outreach Officer has allowed the Inn to do is widen its commitment to activities promoting the profession across the country. A good deal of this is done in co-operation with the Bar Council and the other Inns. In the last year Middle Temple was represented at University Law Fairs and in joint presentations with the other Inns in Liverpool, Warwick, Wolverhampton, University of East Anglia, University of Essex, Brighton & Sussex, Cambridge, Oxford and Bristol, along with other insight events at Queen Mary University and the Bar Council’s Pupillage Fair. We have also introduced the University Ambassadors project to promote greater connection between academia and the Bar, and create opportunities for undergraduate students to connect with Barristers and gain insight into the profession.

The ambassadors will be tasked with helping at insight events like law fairs and presentations and helping to facilitate work experience and court visits. Meanwhile, closer to home, we have been able to welcome hundreds of students to tour the Inn as individuals or in groups with their university, presenting opportunities to learn about the profession, what the Inn has to offer, and to sit down for lunch with members in Hall.

Utilising social media to spread the word, I found myself very busy indeed with virtual tours, talking to students about the Inn and giving advice on next steps and sharing information on our Scholarships and Access awards. What is no doubt apparent from the above is that the Inn’s outreach thrives on face to face interaction and in bringing individuals into the physical spaces of the profession, allowing students to visualise themselves in the role and feel a sense of belonging.

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This meant that Covid-19 posed a challenge; how could we cultivate relationships with prospective students without the opportunity to meet? Part of the solution was the same that many have found useful during lockdown; connecting instead via video conference apps or telephone. Utilising social media to spread the word, I found myself very busy indeed with virtual tours, talking to students about the Inn and giving advice on next steps and sharing information on our Scholarships and Access awards. An unexpected benefit has been how much this exercise has extended the Inn’s reach. Even as we move out of London our efforts are still focused around major metropolitan areas and always within England and Wales. During lockdown I have been speaking to students engaged in distance learning, part-time students and even some from different jurisdictions and time zones – from New York to Hyderabad. Students I would not ordinarily get to speak to, and the added comfort of being at home allowed us to discuss their personal stories in far more detail. Feedback from these calls was very positive and they will be a tool I plan to make greater use of even after lockdown has ended. Technology allowed us to carry out the interviews for our Access to the Bar Award, although when the 35 recipients are able to complete their placements in a chambers and with a judge will depend on how the Government’s advice changes. One way members could assist the Inn though would be to offer to provide an award winner with their minipupillage or marshalling opportunity, in particular those members based outside of London. With the potential difficulties involving travel and accommodation, a greater pool of chambers that students could travel to from home would be of tremendous help. If you are interested in the Inn’s Outreach programme, and would like to get involved, please contact Richard via r.frost@middletemple.org.uk

SHERRARD CONVERSATIONS

LAURENCE HARRIS

Sherrard Conversations Laurence Harris completed the BPTC in 2019, having been awarded the Queen’s Scholarship by the Middle Temple in 2018. He is currently working as a paralegal on a public inquiry and hopes to commence a criminal pupillage in 2021.

Qualifying Sessions (QS) almost certainly make my top five list of eccentricities at the Bar. Part of their charm is how they seem to focus on the future of the profession, whilst simultaneously remaining anchored in the past, by ever emphasising the critical importance of the professional community which, for centuries, has characterised the independent Bar. Unsurprisingly, QS have had to reorient to modern social conditions, and whilst the stalwarts of dinners, moots, and advocacy weekends endure, the Inn has recently seen the birth of novel forms of QS. The Sherrard Conversations are one such development. These QS take the form of a 45-minute long interview with a legal (or quasi-legal) professional, followed by a Q&A and discussion. This is of particular help during the long, dark pupillage application season, when students are often short of time and energy. In addition, a Sherrard Conversation is considerably cheaper than a dining QS, and therefore offers a small but important contribution to solving the problem of accessibility at the Bar. Prior to lockdown, I had attended a Sherrard Conversation between Professor John Rubin (Albert Coates Professor of Public Law and Government, UNC Chapel Hill) and Emma Hughes (MTSA President 2017/18); a comparative perspective on contemporary criminal justice issues. I later observed Master Bernard Richmond interview Master John Cooper about his career at the criminal bar and his commitment to a radical model of advocacy. On Wednesday 20 May 2020, I attended my twelfth and final QS: ‘The Key to Ending Homelessness’, a Sherrard Conversation between Mike Hyden and Master Araba Taylor. Mr Hyden is the co-founder of JustUs, a charity which seeks to ensure that homeless people in Bedford have access to the statutory support to which they are entitled. Master Taylor is a Deputy District Judge, a former housing law practitioner, and a trustee of JustUs. Whereas previous Sherrard Conversations had been held in the Sherrard Room, this QS was hosted on StarLeaf. The event proceeded smoothly from a technical perspective, with the only observable exception being my own inability to input successfully the access code for the meeting. The famously strict rules on QS punctuality were evidently relaxed, as despite missing the first two minutes, I was still awarded the QS. (I remain grateful for the leniency!) Mr Hyden began by setting out exactly how JustUs provided advocacy services to its clients. He argued that the biggest challenge in the battle against homelessness is not substantive housing law, which, he averred, is

Mike Hyden

Master Araba Taylor

excellent. Instead, he suggested that ‘gatekeeping’ from overstretched local councils was the overriding barrier to adequate housing; a problem not best combatted by legal pressure, but rather by frontline workers ‘pushing the problem back up the hill’ and trying to effect change on a political level. Mr Hyden predicted that JustUs will still be required in five years’ time, short of a paradigm shift in the public toleration of homelessness. In response to a question about how the charity ‘advocates’ for its clients, Mr Hyden emphasised a truth espoused by many barristers, which is that regardless of the outcome, there is immense value for the client in simply having someone stand up for them. Master Taylor encouraged all in attendance to consider using their skills as lawyers and advocates with frontline charities and recommended ‘Bar in the Community’ as a platform from which to do so. After an hour of intense concentration, it was a great shame not to be able to take any well-earned drinks and/ or nibbles. Any attempt to enforce the usual ‘Rule of Three’ (the requirement that a student not leave a QS until they have spoken to at least three people not previously known) would have required a truly heroic feat of organisation. Nevertheless, despite the absence of post-interview discussion, the tangible sense of professional community that characterises QS was not lost. As I sat in my kitchen, wearing a collared shirt for the first time in 10 weeks, the knowledge that 75 other members of Middle Temple were doing the same became a powerful symbol of the perseverance of the Bar in these unusual times, and a poignant reminder that Domus is far more than simply a collection of buildings in EC4. If you have an idea for a potential Sherrard Conversation and would like to get involved please contact Education@middletemple.org.uk

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ADVOCACY AT THE INN

Advocacy at the Inn The Middle Temple Pupils’ Course, due to last for two weeks, began a week before the government announced the lockdown. Prior to this, week one of the course continued in person and some pupils chose to join the course from home via Skype. For the evening advocacy sessions, the trainers were at the Inn with some pupils whilst other pupils attended remotely. We took it in turns to perform the advocacy exercise. If we were appearing remotely, it was important that we muted ourselves on Skype to prevent any unintended interruptions! The advocacy trainer then gave us demonstrations on how we could improve. We had another opportunity to perform whilst trying to implement the constructive criticism we had received. The opportunity to appear remotely proved very useful as many hearings are now being conducted in this way. It was certainly an advocacy course we will not forget! Thank you to all those involved who ensured the course ran so smoothly.

Kitty Kirton Pupil Barrister at 2 Harcourt Buildings

On Thursday 19 March 2020, along with other pupil barristers in my cohort for the Pupils’ Course, I was scheduled to participate in a court-based advocacy training day. However, the week commencing Monday 16 March 2020 was the trigger week for the UK entering lockdown. People were encouraged to work from home, the English and Welsh courts were operating at a significantly reduced capacity if they were open and London was eerily quiet. Thus, my experience of the pupils advocacy course was surreal. In fact, given the context, none of my cohort were certain that our court day would go ahead. However, thanks to the work and organisation of the staff at Middle Temple, with a particular shout out to Jessica Masi, and the cooperation of the judiciary, my cohort managed to do our civil advocacy session concerning an application for an interim injunction with Master Colin Birss via Skype for Business. I will freely admit I never expected to do my first advocacy session in front of a judge via a video-link, or have my laptop decide to crash when my opponent was doing his submissions on costs (no reflection on him or the subject matter). I was honestly very

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happy to have the opportunity to get this advocacy practice and get my first experience of what may be the future at the Bar.

Megan Cochrane

Pupil Barrister at Whitestone Chambers Like most other practitioners, Covid-19 wiped my diary clean. I had downloaded a full suite of video conferencing facilities (CVP for court, Skype for talking to family and Zoom for our Chambers Friday night quiz) and I had become well immersed in the virtual world. So, given my newfound free time, when the opportunity arose to complete the Advocacy and the Vulnerable training online, I thought I would give it a go. How ironic that the very method we quite often use to speak to these witnesses (video link) was the one by which I would learn. The first part of the session, led by Master Bernard Richmond, was very relaxed. After all, who better to be taught by than the very man who led to the introduction of these principles. Using everyday topics of conversation, he demonstrated to

had not been exchanged in advance, so only the New Practitioner and allocated trainer had sight of the document. It was therefore necessary to give specific and generic feedback on their paperwork. As this was not an insurmountable difficulty (and can be easily remedied) it feels churlish to mention it. I only do so to emphasise that in all other aspects remote teaching worked as well as a regular session, albeit with all the participants on the screen at the same time – like the opening credits of the Brady Bunch. Lockdown has made a virtue of a necessity. I suspect we will continue to use this format in the future with commensurate savings on time and travel to no detriment to the teaching experience.

us just how easy it was to overlook the rules, as you were concentrating so hard on complying with one that you had usually forgotten about another. It was fascinating to learn how the very literal answers given by some witnesses can take things in an unexpected turn. For example, a witness who answered ‘no’ to the question ‘were you wearing any clothes?’ when, in fact, they were wearing pyjamas. The second session focused on our pre-work, which we had completed using the case study of George Graham. It involved three vulnerable witnesses, all with very different needs. We had prepared questions for each of the witnesses, staying faithful to the rules set out within the ground rules hearing, the principles of questioning, the appropriate toolkit and the intermediary report. I felt secretly confident, knowing I had done all of the reading and stuck to all the rules – or so I thought. Our group of seven was led by Daren Samat, who took us through our seemingly ‘perfectly constructed’ questions, which turned out not to be so perfect after all. After trying to deny my questions did not fit within the rules, then trying to justify my questions, the ultimate conclusion was that Daren was in fact right and there was definitely room for improvement. As the session progressed, we were all increasingly confident in identifying errors and more importantly knowing how to address them, critiquing each other’s work as well as our own. Daren’s anecdotes on how he would approach something tactically if he were in this position with a witness, and his experience of this in practice, were particularly useful. The training developed not only my ability to deal with vulnerable witnesses but also my confidence in doing so. What seemed like a daunting task when I first pulled out the case study now seems almost second nature. To anyone who is considering doing the training, I say go ahead. I found the teaching invaluable and I am sure you will not be disappointed. A huge thank you to all of the Middle Temple staff and practitioners who gave up their evening to run this.

Jade Edwards 39 Park Square North

Master Louise McCullough Crucible Chambers

We are fortunate at the Inn that when lockdown came, we had already commenced remote teaching and had the technology to adapt. Whilst it might initially sit uneasily to teach remotely, it seems to me that what little is lost by using this format is more than compensated for by the convenience and efficacy of teaching this way. Furthermore, as many more court hearings will be conducted over digital platforms it is an essential skill to hone. As with advocacy in the flesh, cogency is essential, and I hope the New Practitioners Programme (NPP), for those in their first three years of full-time practice, highlighted this. I had the pleasure of co-teaching with Master Michael Bowes – we had not previously met but he ensured that we had an introductory meeting beforehand which helped build the rapport which is so essential for successful team teaching. At NPP level we adopt a ‘Hampellite’ method but were scrupulous to ensure there was no contradictory feedback (which at best spreads confusion and at worst undermines confidence in the teaching process). All of our candidates were fully committed and as required had drafted skeleton arguments in advance. This was the only wrinkle in the whole process as the skeletons

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When I found out that the NPP advocacy training would be over video link (StarLeaf), I was unsure how well it would work. I was conscious of the difficulties there had already been with conducting court hearings over Skype for Business, and those were usually limited to just the judge, counsel and the court clerk. The prospect of sessions with ten participants plus two trainers didn’t fill me with confidence. After the first advocacy session on StarLeaf, I soon realised my early pessimism was misplaced as the sessions worked really well. Of course, there were moments when someone’s microphone was still muted whilst their lips moved at pace, or somebody’s Wi-Fi connection decided to furlough itself and stop working. But on the whole, the sessions went without major glitches and I found them to be really helpful and a welcome refresher course for advocacy. Over the course of four two-hour sessions we covered case analysis, opening and closing speeches and witness handling with the help of two volunteer witnesses. We also gained some helpful advice on how to adapt our advocacy when appearing in video link hearings which are becoming the new norm whilst Covid-19 continues. I am pleased that whilst in lockdown with more time on my hands I have been able to complete the course – I consider it time very well spent.

Sophia Dower 2 Hare Court

FIVE PERSPECTIVES ON SPONSORSHIP

Five Perspectives on Sponsorship Alice Byron, paired with Cassie Williams of Bank House Chambers in Sheffield: I felt that Middle Temple and the Sponsorship team took particular care and interest in matching sponsors and students; I was thrilled to be paired with a practitioner local to the North Eastern Circuit. Cassie has been an invaluable resource for me throughout the duration of my Bar Professional Training Course (BPTC), checking in on me and providing moral support, and is continuing to offer her help throughout these unprecedented times. Although I was initially nervous when I contacted Cassie, as I was unsure how to introduce myself and what to expect from the Sponsorship Scheme, Cassie has always been happy to assist me with any queries and questions I had, however insignificant they may have seemed to me. This is the first opportunity I have had to get the opinion of a practitioner, and I have found it incredibly helpful to have the insight of someone who has been through the Bar Course and understands the pressures of both the course and finding pupillage. Further, Cassie was of immeasurable help during pupillage applications, reviewing my draft applications and assisting me in elevating my answers to present my previous experiences in the best light and potentially stand out from other candidates.

Kitan Ososami, paired with Shannon Revel of Furnival Chambers: During our first meeting my sponsor was extremely frank about her journey to the Bar. I have always known that it was not going to be an easy ride but hearing Shannon speak of how satisfied she was with her choices reaffirmed that it would be worth it in the end. She reassured me that she would do all she could to

help me on my way and she certainly has. Shannon has dissected my pupillage application forms, provided advocacy training and interview preparation, utilised her connections on my behalf and provided me with pro bono opportunities above and beyond the call of duty. One thing I have especially been grateful for was her honest, tried and tested advice for effectively managing the intensity of studying the BPTC whilst navigating the pupillage recruitment process.

Alexander Bradford, paired with Christopher Bates of Lamb Building: What separates the Inn’s scheme from a university careers services is how the Inn places you with newly qualified barristers in your preferred practice area. As a result, my sponsor was able to give me valuable advice on what to really expect when applying for pupillage, attending pupillage interviews, and practising at the junior end of the Bar. It is true that some of those topics are covered in various talks and panel events on how to secure pupillage. However, what made my sponsor’s advice particularly valuable was how it was specific and tailored to my situation. It went far beyond the generic advice I had received at the pupillage talks and events I had attended.

Emily Kay, paired with Jason Searle at St John’s Buildings Chambers in Manchester: After our initial emails, my sponsor invited me to his chambers to introduce himself and to show me around. On the day of our meeting, my train broke down. I felt a rush of panic as I did not want to set a bad first impression but when I rang chambers and explained my situation Jason could not have been more understanding.

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I was given a tour of St John’s when I arrived – the chambers is beautifully decorated and felt like a maze, as each corridor led to another. I was led into a conference room and suddenly I felt like I was in a job interview. However, Jason was immediately so friendly and welcoming. He did not fit the mould of what I deemed to be a stereotypical barrister and his story of how he became a barrister was not a ‘traditional’ one. He gave me an insight into his life as an employment barrister and the types of cases he worked on. He offered me a lot of advice that day, from finding something interesting to make me stand out on applications to telling me to keep an open mind when thinking about areas of law to specialise in, as you never know where an opportunity may arise. In February, I undertook a three day mini pupillage with Jason and I cannot stress enough how valuable those three days were. The case was extremely intriguing, I had the opportunity to see first-hand how important client-barrister relationships are, and watching Jason skilfully cross-examine the claimant was an invaluable experience which gave me an insight into real life advocacy well beyond what can be taught on the BPTC. Each day, I looked forward to lunch so I could ask endless questions about the case, the profession and pupillage. He assured me that not obtaining pupillage on the first round of applications is not the end of the world and offered advice as to what to do in the meantime, for instance considering joining the police or an advocacy company such as LPC Law. However, he warned that a lot of applicants follow the advocacy route and I needed to do something that stood out. Jason told me that it was never too early to start building relationships with solicitors which would be an asset to my future career. After each day in court, we went back to chambers and Jason

introduced me to pupils and pupil supervisors. I asked them all sorts from advice on pupillage applications to life as a pupil. It may be cliché, but from my experiences on that mini pupillage, I am more motivated than ever to become a barrister.

Victoria Duffy, paired with Carolina Cabral at 23 Essex Street: I was offered a sponsor whose criminal work was somewhat different to the areas I envisaged joining, but this difference from the outset served to open my mind to the prospect of a broader practice. This in turn informed and expanded the types of chambers that I considered applying to. My sponsor’s pragmatic approach to the process encouraged me to consider other areas outside of crime whilst also underpinning the importance of focussing my application, not to mention the activities that would form the supporting evidence on the form. Upon a first read through of my academic credentials, alongside my tentative legal experience and voluntary roles, her advice from the outset was constructive. She was frank about what needed to be improved as well as commending me for the efforts I had undertaken. We met up every two to three months after our first meeting and what followed from our conversations in person was a constructive ‘what to do next’ framework sent via email immediately afterwards. She recommended, in light of a busy work schedule in between my GDL and BPTC courses, how I prioritised my time, starting with an improvement of my oral advocacy. This in turn encouraged me to get involved with mooting both at the Inn and through local debating societies. Having missed the initial start of the 2019/20 mooting season at Middle Temple, I got involved in timekeeping, which offered me an opportunity to gently ease myself into an area that was lacking on my CV. As times have changed under the current restrictions we now face, the final meeting we had in February 2020 discussed the opportunity to realign my interest in historical writing and research toward a more legal focus. This was an idea that has now formed a central project during the lockdown, an opportunity to utilise the vast amount of time I

now have at my disposal. And what an opportunity there is to write about the litany of legal issues and challenges that stem from these unprecedented times. I know an expansion of writing beyond the remit of my original degree subject will enhance my knowledge of

current legal trends and forecasts, whilst simultaneously honing my written advocacy. I am now seven months in from my first meeting with my sponsor and the experience has already fundamentally refocussed my journey toward pupillage and the steps I should take.

Who is eligible to act as a Sponsor? Apart from Benchers or Silks, who are likely to be distant from the problems currently experienced by new entrants to the Bar, and Judges, who are no longer in practice at the Bar, all members of the Inn who have qualified and are in practice at the self-employed or employed Bar, including recent entrants, are eligible to be Sponsors. Limited experience is by no means a disqualification and in some cases may be advantageous from the spondee’s point of view. In turn, sponsors may gain an insight from spondees as to the content of relevant degrees and BPTC courses and the current trials and tribulations of qualifying, which may be useful to chambers when assessing applications for pupillage etc. We will aim to allocate you one spondee per year, however if you are able and willing to have more than one please let us know. The official sponsor-spondee relationship will last for 12 months from the date of allocation. Of course, with mutual consent, the spondee is welcome to remain in touch with the sponsor after this time.

What does a sponsor do? A sponsor is not intended to act as tutor or welfare officer, still less can they offer pupillages, but they are always ready to be consulted when spondees need advice, even if only to suggest who is the right person to apply to for further help. A sponsor’s role is not intended to be onerous. Sponsors can perform a valuable role by: • introducing students to the history, traditions and activities of the Inn • providing advice as to what activities students could undertake to improve their CVs • providing guidance on aspects of practice such as: • the different areas of specialisation • the different sets of chambers • practice in London vs on circuit • self-employed vs employed Bar Students must appreciate that whilst a sponsor may be prepared, where appropriate, to give advice, it is not the role of a sponsor to: • obtain, or assist students to obtain, pupillage • help students with their work • draft CVs • complete application forms • help with “networking” If you are interested in acting as a sponsor or have any questions, please contact the Education team at education@middletemple.org.uk

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THE ROLE OF AN INN OF COURT

CHRISTA RICHMOND

The Role of an Inn of Court Christa Richmond is responsible for the Inn’s Education Department. A graduate of Stuttgart University, Christa taught German at Bristol University for a number of years before working for Cumberland Lodge as a Conference Co-ordinator. She first joined the Middle Temple to work with Michael Sherrard when he established the Inn’s advocacy training programme, and she became Head of Department in 2002.

At a residential weekend earlier this year, I found myself holding forth to the Treasurer about what I thought the role of the Inn was in the area of education and training. As I was trying to put my understanding of our purpose into words, I realised that I had never done that before, even though that purpose informs the work of our whole team. High time, therefore, to explain. The Inn is a community of practitioners whose members share the values and ethos of the profession. Incorporated in the Bar Standards Board’s (BSB) regulations, these values include a duty to the court and to the client, a thorough knowledge and understanding of the law, and competence in advocacy to a very high standard. But values do not come to life in the abstract. Students and other new entrants to the profession will not automatically absorb them by studying the Code of Conduct.

Ethics, Standards and Values

The ethos of the profession, characterised by collegiality, integrity, respect, and diligence, will best be internalised by exposure to those who live and work by it. Ethos is not instilled by regulation, but by interaction with members of the profession to whom it is second nature. Students need to feel part of a professional body with a particular set of standards from the very beginning as an integral part of their training for the Bar. Once in practice, barristers’ approach to their work will continue to be informed by interaction with their peers. Their customary reference to colleagues as ‘my learned friend’ in court is an expression of this respect for their peer group. How do we set about making students become and remain part of this professional body? We do it by providing the best possible education and training opportunities at all stages of members’ careers. The compulsory elements of training consist of Qualifying Sessions (QS - formerly known as dinners) for students, followed by post-Call training, which provides courses on advocacy and ethics for Pupils and New Practitioners, and later, by Continuing Professional Development more generally. QS illustrate the role of the Inn particularly well in that they lay the foundations for the relationship between members and the Inn, but also between members among each other. The Inns have recently formalised, in a Memorandum of Understanding with the BSB which was adopted in March 2019, that the following areas should be covered in QS: • Ethics, Standards and Values; • Advocacy Skills; • Legal Knowledge, Justice and the Rule of Law; • Equality, Diversity and Inclusion;

Advocacy Skills

Legal Knowledge, Justice and the Rule of Law

The language of regulation makes it inevitable that those elements are listed individually. In reality, most QS will touch on more than one, occasionally even all of those elements which make up professional experience, shared with students by the barristers and judges who provide the QS.

Equality, Diversity and Inclusion

The best educational events provide not only a ‘recordable’ educational element, but interaction with senior members of the Inn. Residential weekends are the most impressive example, but there are many other events which provide a high degree of interaction. I am thinking here of All Inn Dining, especially in its new format with smaller numbers of participants and a focus on particular areas of law, or the Sherrard Conversations.

Preparation for Pupillage, Career Development and Wellbeing

• Preparation for Pupillage, Career Development and Wellbeing.

Broadly speaking, it could be said that the Bar Course provides the knowledge, skills and attributes which are assessed as the vocational component of training for the Bar; the Inns provide the introduction into the professional community. By the time a student is Called to the Bar, we hope that he or she will truly regard the Inn as Domus, their professional home.

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QUALIFYING SESSIONS

AISHA REHMAN

Qualifying Sessions Aisha Rehman was the recipient of the 2019 Diana, Princess of Wales scholarship. Aisha completed her LLB with a 2:1, then went on to be awarded a Commendation in an LLM in International Human Rights Law at City University. Aisha is currently enrolled on the 2020 Bar Course at City University.

As soon as students begin the Bar Course, we are encouraged to think about our mandatory 12 Qualifying Sessions (QS). Before attending any I was aware that they were supposed to be a great opportunity to network but did not really have any idea what a QS would be like. I remember thinking it would only consist of formal dinners. I come from a working-class background, am the daughter of Pakistani immigrants, and did not learn English until I attended primary school, aged five. I did not feel equipped for formal dining, with the added pressure of engaging with some of the finest legal minds in the country.

which I attended with a friend from a non-legal background. The collective and individual experiences of the speakers had such a profound impact. It was an extremely open and honest discussion addressing issues faced by a person of colour background at the Bar: impostor syndrome, the guilt of trying to establish your own practice whilst also encouraging diversity at the Bar and supporting students. All of the topics gave rise to constructive discussion and I have no shame in sharing that me and my friend cried whilst walking back to the tube. There was more hope of success than I had initially expected.

The range of QS available was a surprise. Not only was there All Inn Dining, but lectures, author readings, and a residential advocacy weekend at Cumberland Lodge, which counted for three QS.

My third QS was the Treasurer’s Lecture by Master Nick Hardwick; The Prisons Crisis: What’s gone wrong and how to fix it. This was a thought-provoking lecture which gave rise to many questions and ample opportunity to network.

My next step was to look at finances; could I afford to attend the sessions? The student price was often far less than a regular ticket; prices ranged from £5 for lectures, to £88 for the advocacy weekend. I tried booking the first sessions that were available, but they were sold out. I settled for securing a ticket to the Introductory Session for London students, assuring myself that I would figure the rest out at a later date. The Introductory Session informed us of the different services available, including library resources, access to the Church, counselling and Sponsors (mentors). It also allowed me to get to know students from other institutions and become familiar with the Inn. The following month I was able to book seven QS online with ease. My second QS was Black History Month: Experiences at the Bar,

Then came my first formal dinner. The rules were simple: locate your seat, no talking during the introduction and Grace, do not leave your seat until the comfort break. It was the first opportunity to see the traditions of the Inn in person. The confusion began when trying to ascertain when to remain seated or stand during speeches, however the Masters of the Bench were there to assist. Not long after this, I attended my first Bench Call. It was extremely formal. The most striking part of the evening was when the Benchers processed in. I noticed that only one was a person of colour, Master Elaine Banton. Then came Cumberland Lodge. The grounds were scenic, the Lodge itself holds great historical significance, the food served was amazing. The quality of trainers was of such a high standard. We learnt the art of advocacy including examination

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in chief, cross examination, plea in mitigation and a closing speech. Master Paul Garlick gave my group ongoing constructive feedback throughout the sessions. Opportunities to revise performances were encouraged and I gained a new sense of confidence in advocacy. It was tiring, but there was so much to be gained. I took full advantage of the opportunity to network in the evenings and to attend the church service with Her Majesty The Queen. Onto my first Sherrard Conversation. In such a short burst we learnt so much from the speaker, Chris Bates, who shared his journey from the Bar course to pupillage. I also attended an All Inn Dining, Preparing for Practice: Public Law, in a more intimate setting than the previous dinner. By this point I had become acquainted with numerous members of the Inn. It finally began to feel like a family and a home. It was also the first time I met a barrister who wore the hijab, something that, until that moment, I had not realised how much I needed to experience. My final QS was a book reading with Master John Dyson. I purchased a copy of his book which he signed for me, and during the reading he discussed his reasoning for writing a memoir and gave context to specific chapters and their importance. A once in a lifetime experience. Most QS are in the evening, timed to accommodate work and education commitments. Completing your QS requirement is not a task to be taken lightly. I met students who completed their QS at a rapid pace, with minimal networking. There are events that are organised throughout the academic year and it is vital to not lose momentum in your networking. Navigating so many aspects takes patience and endurance. Socialising with your peers is such an underrated ingredient of life at the Bar, so I am glad that the Inn encourages this and there are so many opportunities to do so at Middle Temple. My only regret is not yet having attended a karaoke night; though there is still time for me to rectify that.

FIRST KURDISH IRAQI BARRISTER

ZERIAN KARIM

My Journey to the Bar and Becoming

The First Kurdish Iraqi Barrister Zerian Karim studies the BPTC LLM at BPP University in Leeds. She studied Law and Business studies at the University of Bradford and the GDL at BPP University. She works as a Child and Adult workforce interpreter within the Legal Sector. She hopes be Called to the Bar in November 2020 as the first Iraqi Kurdish Barrister in England and Wales.

Why do members from ethnic minorities, instead of following their dreams of becoming a barrister, settle for less? The issue of diversity is an important challenge facing the Bar. Those from ethnic minorities often believe there are limited opportunities for them at the Bar; as a result they deprive themselves of following their dreams. I want to initiate a change in thinking and help inspire others to follow their dream of becoming a barrister. My own story started in 2003 with my familyâ&#x20AC;&#x2122;s move from war-torn Iraqi Kurdistan (Southern Kurdistan) to Sweden. Cultural and social differences became immediately apparent, at times even diametrically opposed. This was especially so in respect to the perceived role of women in society. I observed what I perceived to be injustices being suffered by Kurdish women in my own community, such as gender inequality and disenfranchisement. I began to ask myself, what could I do? However, as a Kurdish woman I felt powerless to be able to make a difference. This was made very apparent when visiting family in Kurdistan. I suddenly realised that

boundaries were being set for my sisters and me. As young women we were not given the same freedoms as young men our age. When questioned we were told that such boundaries were in place because women are perceived as being weak and unable to think clearly. Instead of being despondent, I became motivated to show that I, as a woman, was able to achieve my goals and prove them wrong. In 2012, I moved to England following my marriage to my Kurdish husband. My intention was to continue my education. I had always had a passion for the field of law and was interested in being able to represent the most vulnerable and disenfranchised in society. However, even here in England I was confronted by the taught cultural norms of the Kurdish community that made it clear that such aspirations of university and studying law would be beyond my capabilities as a married woman. Cultural norms dictated that family took priority over career aspirations and especially when we talk of women. I often heard people say that there was little point in me pursuing my dream career, since I would end

up being a housewife in the end anyway. Such gender inequality within my adopted British Kurdish community surprised and saddened me. Such barriers motivated me to strengthen my resolve to achieve my goal of studying law. It was important to keep reminding myself of the power within me, of the need to break stereotypes. To prove that people like me, a Kurdish woman from an ethnic minority in the UK, could dream bigger and achieve anything you set your mind to. I also saw it as my responsibility to help break the often hidden cultural and social barriers prevalent within the British Kurdish community and the wider British culture around the perceived position of women. This belief has strengthened my passion to act as an advocate for the vulnerable within society and what better way than becoming a barrister. In order to achieve my dream, I studied Law with business at Bradford University. In addition, I sought work as an interpreter within the legal sector. This experience exposed me to a variety of cases in and outside court. I then gained more work experience at chambers and firms, including mini pupillages, in order to gain a deeper insight into the profession. These experiences made me realise that my areas of interest are immigration, family and criminal law. I also participated in probono work at university over the past two years. I am currently studying the LLM full-time and hope to be Called to the Bar in November 2020. A career at the Bar, I have learned, is not necessarily one without risks, but these risks motivate me to succeed. I have shown through my own journey of learning that dreams are possible to achieve. Determination to succeed has been my driver. Cultural background and lifeâ&#x20AC;&#x2122;s experiences should be viewed as a positive. I hope that other women, including those from ethnic minorities, will be inspired to pursue a career at the Bar.

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TURNING THE TIDE AGAINST CORRUPTION IN THE CONGO

GABRIELLE COMPTON

Turning the Tide against Corruption in the Congo Gabrielle Compton was Called to the Bar in 2016 and practises criminal law at Lamb Building. She is also one of the first British barristers who is dual qualified in the Democratic Republic of Congo.

The Democratic Republic of Congo (DRC), formerly Zaïre, is a country known as a victim of corruption. The country has been a hub for civil war and pillaged for its natural resources by both neighbours and the international community. Since its independence from Belgium 60 years ago, establishing the rule of law has been awash with chaos, allowing it to be contaminated with corruption. However, the attitude is changing; there is now some light in Africa’s ‘heart of darkness’. In the late eighties, work took my father, an English man, to the DRC where he met and married my mother, a Congolese woman. I have always been very aware of my dual heritage and when choosing a career I aspired to do something that not only makes a difference but ties both of my cultures together. I was Called to the Bar by the Middle Temple in November 2016. Two years later, I became legal counsel in the DRC. In England and Wales I practise at the criminal bar and, in the DRC, I practice civil, commercial and criminal law. My instructions vary from advising local government on foreign investment to assisting private landowners from people applying ‘tribal law’ to take over the land. Overall, my experiences with the legal process have been positive. As in England and Wales, the system is underfunded, and there is always room for improvement. Yet, in the DRC, there are still undertones of corruption in practice. These undertones are silent and are limited not only to the passing of ‘brown envelopes’, but questionable actions within the system, including the appointments of particular judges. The DRC’s history of a ‘game of thrones’ has led to an ever-changing

constitution. This turbulence has inevitably given venality the chance to escalate. The DRC was first inhabited by Pygmies, locally known as the ‘Batwa’, who predominantly lived on the outskirts of the Congolian rainforest. In approximately the 15th Century BC, the ‘Bantus’, an indigenous people, who originated in now south-eastern Nigeria, migrated to the DRC, pushing the Pygmies to flee deep into the rainforest. The ‘Bantus’ founded prosperous Kingdoms and created their customary laws which were respected and most importantly upheld over millennia. It was the declaration of the DRC as a ‘free state’ in the late 1800’s which inaugurated instability. The ‘Congo Free State’ became the personal property of King Leopold II of Belgium, infamously known for enslaving the Congolese and severing the hands of those that did not meet their daily rubber farming quota. During this time, the DRC was governed by the Charte de l’État indépendent du Congo which acted as its constitution. In 1908, the DRC became an extension of Belgium

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where another colonial charter superseded the ‘Belgian Congo’ as its rule of law. After a mass movement, the country finally received its independence on Thursday 30 June 1960. During its changeover, the state used La Loi Fondamentale du 19 Mai 1960, a transitional constitution which was drawn up by Tribal Chiefs and the Belgian government. In 1965, Mobutu Sese Seko staged a coup d’État overthrowing Congo’s first President, Joseph Kasa-vubu. History remembers Mobutu as a flamboyant ruler and dictator who re-named the country ‘Zaïre’. This era was governed by La Constitution 24 Juin 1967 until the mid-90’s when the first of two deadly civil wars began. Laurent Désiré Kabila toppled Mobutu in 1996 and was assassinated by his bodyguard a year later. His son, Joseph Kabila, was positioned as the head of state where he remained until 2019. From 1997 to 2003 the DRC was governed by Le Décret-Loi Constitutionnel n°003 du 27 Mai 1997. The civil wars resolved, and a new constitution was accepted in 2006, La Constitution du 18 Février 2006. Although there is still some corruption, it is with this stability that the country is blossoming and affirmative steps are being taken. The new President, Felix Tshisekedi, has campaigned for the eradication of corruption, and this attitude is spreading. New magistrates tasked with processing files linked to suspicions of corruption have been appointed. In April 2020, Vital Kamerhe, the President’s Chief of Staff, was arrested for misappropriation of public funds. Holding authoritative figures accountable for corruption is one of many bold moves the legal system is taking, in order to uphold the constitution. With its constitution just shy of 15 years old the DRC is still in its genesis and exterminating corruption will prove to be the nation’s critical rite. Nonetheless, as I stated at the start, a light begins to shine in Africa’s ‘heart of darkness’.

THE SCHOLARS’ DINNER

JOSHUA JACKSON

Troubled Journeys on the

Path to Justice Joshua Jackson is the 2019 Queen’s Scholar with an LLB from the University of Birmingham and an LLM in Public International Law from the University of Amsterdam. He is due to become a pupil barrister at Cloisters, where he hopes to practise in public, human rights, environmental and employment law.

Joshua’s speech at the Scholars’ Dinner on Monday 14 October 2019. Each of our journeys will no doubt have been unique and diverse. My journey started in Northern Ireland; that place which is technically part of the United Kingdom and which some of you may not have known much about until it ruined Theresa May’s Brexit plans. Others may know of my home from its fractured past, three decades of civil war known as the Troubles. I was born during this period; its legacy shaped my upbringing. I would like to reflect on a few aspects of that legacy. The corrosion of the rule of law; the corresponding lack of access to justice for those who needed it most; and the consequent impunity that comes with unaccounted power. This manifested itself in different ways: Internment – This was a policy in which thousands of often innocent people were indefinitely detained without charge or possibility of appeal. An affront to any conception of the rule of law. The licence of state and non-state actors to kill civilians without legal reproach – This was most tragically demonstrated on Bloody Sunday. The families of victims are still seeking access to justice in our courts today. Kneecapping – In a functioning justice system, a sanction such as imprisonment follows the crime. But in many Northern Irish communities

under the control of paramilitary groups, a bullet through the knee was the consequence for stepping out of line. In such communities, the rule of law gave way to the rule of fear. This chapter of Northern Irish and indeed British history can teach us something; the need for there to be people prepared to hold power to account. The importance of such ideals has echoed through British courts for centuries. Just two years ago, Lord Reed said the following in the UNISON Case: ‘At the heart of the concept of the rule of law is the idea that society is governed by law… In order for the courts to perform that role, people must in principle have unimpeded access to them. Without such access, laws are liable to become a dead letter’. A few decades earlier, Lord Denning poignantly spoke of the function of law in holding power to account, when he said ’be you ever so high, the law is above you’. The legacy of the Troubles grounded my desire to be a barrister. I would invite everyone to reflect on what first inspired them to become a barrister and hold on to that as we progress through our careers. While I doubt many of you grew up in Belfast, I am confident that there are many people that have been driven to this point in their journey by a deep-seated commitment to use law in furtherance of justice.

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We do not have to look further than the walls of Middle Temple to find examples of impassioned advocates who have committed their careers to these ideals: 1. In October last year, Jennifer Robinson, a recent member of Middle Temple, successfully defended the right of anti-fracking campaigners to protest. The importance of such a right has been accentuated in the age of climate breakdown. 2. In February this year, Master Phillippe Sands appeared before the International Court of Justice and succeeded in securing a ruling that the United Kingdom was in violation of international law by displacing indigenous peoples from the Chagos Islands. 3. In June this year, Martin Chamberlain, a former Middle Temple scholar, appeared before the Court of Appeal as it held that UK arms exports to Saudi Arabia for use in Yemen were unlawful, thereby halting our contribution to a humanitarian catastrophe of immense proportion. 4. Seven years ago, Master Jessica Simor helped establish a precedent before the Supreme Court that required the State to investigate killings by the police and army during the Troubles. That case has opened the door for many families from my home to achieve some measure of access to justice for the loved ones that they have lost. We have big footsteps to follow. Let us dedicate our journeys to upholding the rule of law, fighting for access to justice for the vulnerable, and speaking truth to power – regardless of our practice area.

THE ICCA BAR COURSE

LYNDA GIBBS QC (HON)

The ICCA Bar Course Lynda Gibbs is a barrister and legal academic. She joined the ICCA in 2015 and became the Dean in 2019. She co-authored the ‘Advocacy and the Vulnerable’ Course and developed the new two-part Bar Course. She was recently appointed Honorary QC for her contribution to vulnerable witness handling and Bar training.

2019 was a momentous year for The Inns of Court College of Advocacy (ICCA) and our new two-part Bar Course. After months of blood, sweat and tears, we finally received conditional authorisation from the Bar Standards Board (BSB) to deliver the course from September 2020. Our academic partnership with King’s College London (KCL) was sealed which means that ICCA Bar graduates will receive a KCL ‘Post-graduate Diploma in Bar Practice’ upon successful completion of the course. The third and vital piece of the jigsaw fell into place when the Office for Students (OfS) referred us to the Quality Assurance Agency (QAA) for a quality and standards review in September 2019. After an agonising delay, caused by new procedures for the OfS, we were registered as an HE provider in January 2020. Whilst all that was going on in the background, we were out on the road meeting prospective students at 30 different universities and Law Fairs up and down the country. We made 19 promotional films and delivered three webinars, which are all available on our YouTube Channel. If nothing else, I urge you to watch our ‘Introduction to Part One’ film which gives a two-minute snapshot of the type of thing that our students can expect

from the new online course. This course offers an entirely new approach to Bar training. Students will study our online course for 14 to 16 weeks and prepare for the BSB’s centrally set exams in Criminal and Civil Litigation (including Alternative Dispute Resolution). These exams are not easy and many students fail them. We have designed a course which is mapped directly to the BSB curriculum and we have created cutting-edge digital assets to highlight and explain the syllabus, especially those areas that students find the most difficult. Underpinning all of that are seven bespoke case studies which have been brought to life in 33 films, featuring the characters and advocates in those cases. ’If only there had been such a thing when I was on my Bar Course‘, I hear you say. Added to these assets are over 500 BSB standard practice questions which will prepare students fully for their exams. We are fortunate enough to have on the ICCA academic team several of the BSB’s experienced writers and examiners, so we can be sure that we are writing exemplary questions. Each online lesson features a full introduction from one of our tutors and we have recorded podcasts and

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films with judges and practitioners to bring litigation to life for the students; they will not be studying it in the abstract. In December 2020, our first students will sit their BSB exams and progress to the Part Two course, which will be taught within the precincts of the Inns; at Gray’s Inn for March 2021 and at Inner Temple in September 2021. Students will receive 20 to 22 weeks of intensive skills training by the best tutors in the profession. We are designing over 40 advocacy classes and have an entirely new course ready to teach. We are designing bespoke opinion writing and drafting sessions and have a commitment from three of the SBA’s to provide specialist lectures and workshops. Who are these students? We invited 185 students to a selection event held over three days in February and we made 136 offers. Of those, almost 90% accepted and 58 students are set to start their online course in September. The next group of 54 students start in January 2021. Our students have already demonstrated, by way of assessed advocacy, written work and an interview, that they are motivated and able. We have very high hopes for them at the Bar and beyond. We have set ourselves very high standards and we have already achieved one of our stated aims, which was to be awarded a Certificate of Recognition from the Bar Council of our commitment to the wellbeing of all of our students. We are extremely proud of what we have achieved and eternally grateful to the Inns for making it possible.

THE INNS OF COURT

CAMILA FERRARO

The Inns of Court Camila Ferraro is this year’s President of the MTSA and is also a Jules Thorn Scholar. She was born in Colombia and raised in Cambridge. Camila is passionate about international criminal law and advocates for minority backgrounds at the Bar. Alongside her studies, Camila works as a Modern Slavery Support Worker at the Medaille Trust.

Previously printed in Counsel Magazine.

The Inns of Court are an essential part of the Bar. However, over recent years, there have been growing concerns about their relevance and longevity. In 2019, the Inns of Court and the Bar Standards Board (BSB) signed a Memorandum of Understanding, which clarified the duties of the Inns. The turn of a new decade calls for a review of how the Inns operate and what changes may enable them to create a more positive externality. In other industries, such as chartered accountancy, a single organisation undertakes the roles equivalent to both the Inns of Court and the BSB. Closer to the Bar, this is also the case for solicitors whereby the Law Society, with the SRA as its arm, executes both roles. One may question why the Bar operates four Inns of Court. The answer is historical, with the Inns predicating both the solicitor and chartered accountancy institutions. The Inns of Court emerged as Britain moved from a Roman civil law system

to an English common law system in 1218. Both Henry II and Henry III issued proclamations prohibiting the teaching of civil law in the City of London. This led to common law practitioners relocating their premises and forming the Inns of Court. They served, as is suggested by their names, as places for barristers to lodge, train, and carry out their profession. Prior to the creation of the Law Society, there were also several Inns of Chancery. Following the First English Civil War, the Inns of Chancery served as accommodation and offices for solicitors. In 1823, the Inns of Chancery were abolished in favour of the Law Society. Following a recent review, the BSB has concluded that the Inns of Court are a vital component of the Bar and that membership of an Inn should remain compulsory for students who are training for the Bar. Indeed, there is a heritage that the Inns have helped preserve at the Bar. The existence of the Inns is also enshrined

in the Legal Services Act 2007, among other legislation. The debate has since transitioned to what more the Inns could offer to their members. The BSB has delegated three formal duties to the Inns of Court. The first; the provision of membership to student barristers prior to their enrolment onto the Bar Professional Training Course (BPTC). The purpose being to facilitate the Inn’s duty to perform checks on their students and to also oversee their conduct. Each Inn ultimately needs to reach a conclusion on whether their student members are ‘fit and proper’ to be Called to the Bar. Should there be any alleged misconduct by student members, it is the Inn’s responsibility to investigate the matter. The second duty of the Inns of Court is to provide Qualifying Sessions (QS) for students. These sessions are viewed as complementing the vocational training component of the BPTC. Each Inn is responsible for devising a programme of QS in line with the guidelines agreed with the BSB. QS can range from lectures and formal dinners to debating and mooting competitions. Longer programmes may also be eligible for consideration. For example, Middle Temple operates advocacy training weekends at Cumberland Lodge. The third duty is to Call eligible members to the Bar. From 2021, this will include a standard Disclosure and Barring Service check for every member being Called. Beyond the guidelines issued by the BSB, the Inns of Court also offer a space for members to develop a community of professional practice. The Inns are equipped with endowments to provide ample scholarships, and facilities such as the Library give members more reasons to visit them. However, I would argue that the most vital role of the Inns has been due to a more recent development. The re-introduction of the Inns of Court College of Advocacy brings to the Inns a real raison d’être. From September 2020, the Inns will, through the Inns of Court College of Advocacy, provide a Bar Training Course on their premises. This has considerably

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IN THE SHOES OF AN OUT OF LONDON STUDENT

driven down the prices of the BPTC, with some academic institutions reducing their tuition fees from over £18,000 to £13,000. One area that I would like the Inns to be more involved in is pupillage. The Inns currently offer student members a range of practical learning opportunities to better equip themselves in their quest for pupillage. For example, the Middle Temple Students’ Association annually hosts a series of pupillage events to help applicants. However, there are bigger obstacles pertaining to pupillage. In 2017/18 academic year, there were 1,624 students enrolled onto the BPTC. With an increasing backlog of candidates, there are now almost 3,000 applicants for pupillage positions annually. Meanwhile, only 435 pupillage positions are available. This means

that a high proportion of aspiring barristers who successfully complete their examinations are not successful. In light of these figures, I would recommend the Inns initiate a conversation regarding pupillage with the BSB. A detailed review of this matter may highlight some potential solutions. The BSB has been clear that pupillage is an important element of training for the Bar. However, there may be more that could be done to increase the number of pupillages on offer. Speaking to some barristers, limitations include a lack of space or resources from chambers. Although the Pupillage Matched Funding Scheme administered by COIC has led to a contribution of £60,000 per annum from each Inn of Court towards pupillage, many agree that the industry also faces a physical

RACHEL KER CHI NG

expansion problem. In my opinion, one solution could be the creation of a large co-working space with built-in collaborating environments. This may be difficult to execute, but a conversion of one of the grand gardens to such infrastructures may help chambers expand their practice. Additionally, a lesson learned from Covid-19 could be that a large percentage of work may be conducted from home. It is not an expectation for the Inns of Court to undertake more activities than they are capable of. However, there are areas where the Inns could step in. If they were to collaborate with one another and provide a direct co-working space, it might ease the pupillage queue as well as catalysing industry growth.

In the Shoes of an

Out of London Student Rachel Ker Chi Ng is a student member currently undertaking the BPTC at Northumbria University, Newcastle. She is one of the student representatives for Middle Temple and has assisted the Inn with organising Out of London Qualifying Sessions. Rachel is fluent in four languages and is a beginner boulderer.

Prior to signing up for the Bar Professional Training Course (BPTC) during my degree, one thing that comes to mind on the application is a column asking for my Inn membership. I made my choice to be a Middle Templar. As an international student from Malaysia, I was not really sure what role my Inn would play. All I knew at the time was that I would have to attend 12 Qualifying Sessions (QS) before I was Called. Come September 2019, I enrolled for the BPTC at Northumbria University, Newcastle and received an email about the first QS that I would have to attend – the Introductory Weekend. This weekend comprised of what I would call a crash course on being a Middle Templar and a taste of what being a barrister is all about. I would ask for all student members

to not see QS as a chore, but more of a chance to network with peers from different universities in the UK and members who are already at the Bar. The weekend started with a Music Night where members, both junior and senior, danced the night away serenaded by the Wandering Soul Band after a formal meal. The actual introductory session took place the next day, when student members were given a tour and a short history of Temple Church by the Master of the Temple, Master Robin GriffithJones. Lectures given during the Introductory Sessions were focused on guiding students towards pupillage after being Called to the Bar. An introductory weekend would not be complete without an Ordinary Dining Night, when student members get the chance to speak to practising

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barristers to ask questions about the route to becoming a barrister. 12 QS may seem hard to obtain at first, but the Inn has made it rather easy; an introductory weekend allows students to gain up to four points. Travelling to London from Newcastle may seem daunting (and expensive), but one benefit of being an Out of London student are the options to attend QS that are organised locally by student representatives. Clocking up 12 QS before your Call Ceremony does not seem like such a chore, but more of an enjoyment. I always look forward to my next QS when I can socialise with other students and forget about the pressures of exams and assessments for a single evening. Middle Temple has given me the opportunity to speak to various members of the Bar; improving my social skills and helping me to realise that the BPTC is not as daunting as it seemed. The Inn really seems like a second home after university and I will always be grateful for all the support that the Education department provides to students.

STUDENT LIFE AT THE INN

RACHAEL POPE

Student Life at the Inn Rachael Pope studied Classics at King’s College London, followed by a few years working full time in project management. She completed an MA in Linguistics at University College London (UCL) and is currently at City University studying the BPTC having completed the GDL at the same institution.

Before joining Middle Temple as a student member, I had little idea of what to expect aside from knowing that I had to complete 12 Qualifying Sessions (QS). As a student of the Graduate Diploma in Law (GDL), I was able to prepare myself for what to expect on the Bar Professional Training Course (BPTC); namely a lot of work over a short period of time. On the other hand, Qualifying Sessions were ‘the great unknown’. Additionally, I did not know any other members of the Inn, student or otherwise. My first event was the introductory student evening in September during the first week of the BPTC. It was well attended and gave a great overview of what was to come over the next academic year. We were also sent a booklet by email which contained everything we needed to know about life as a student member of Middle Temple. I must be honest, before attending this event I was solely interested in completing my QS as quickly as possible. However, one of the speakers mentioned that we will ‘get out of our experience as a student as much as we put in’ and that stuck with me.

enough to say good morning to Her Majesty the Queen; a very pleasant and unexpected end to the weekend. Aside from completing a total of 15 QS before the Michaelmas break, I also participated in other activities and programmes held by the Inn for the benefit of its student members. The ‘Be Heard’ course taught me how to use my voice, the Rosamund Smith mooting competition helped me to develop my mooting skills, despite being knocked out in the first round, and even writing this article for the Middle Templar was an unexpected but welcome opportunity. At each new event I truly embraced the rule of three, and made sure that I spoke to at least three new people, however, it always ended up being many more. I can now say that I see more and more familiar faces when I visit the Inn and this is entirely due to my participation in a variety of the student events. By virtue of my

Over the next four months I managed to attend a variety of events: a Sherrard Conversation, which discussed the climate crisis and lawyers participating in the extinction rebellion movement; an author’s reading given by Sarah Langford, which gave great insight into not only her book but also her practice; and a karaoke evening, which was a great opportunity to meet fellow Middle Temple students and see a different side to the Inn. By far my favourite QS was the time I spent at Cumberland Lodge. The advocacy exercises were invaluable in helping me to develop my skills, I was able to get to know even more members of the Inn and I was lucky

Cumberland Lodge

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personal experience during this academic year, I know I will still participate in life at Middle Temple in the future. I am glad that I saw a world beyond QS early on and tried a variety of the events and activities. It was by no means an easy task to undertake. It required diligent time management and a few sleepless nights to ensure that all of my competing commitments were fulfilled. It was well worth it and looking back I would do it all over again. I feel it is also prudent to say a few words about the Inn’s response to the current pandemic that we are going through. There has been a Herculean effort to ensure that those who still have QS to complete can do so online. While I completed all of my sessions last year, I have been so glad to see that everything that I think and feel about the Inn holds true, especially in a time such as this shrouded in so much uncertainty. If you are starting the BPTC in 2020 or are still completing your QS, I would recommend that you try to sample a variety of the events on offer, make sure that you are adhering to the rule of three, and try to enjoy your time as a student member of Middle Temple as it will fly by!

COMMERCIAL AWARENESS

CONNOR BOLAND

Don’t Let Commercial Awareness be a Bar to Success Connor Boland completed his New Zealand Law (LLB) degree at the University of Nottingham, and is currently finishing his BPTC at the University of Law Birmingham and hopes to conduct a mixed practice. He is the Editor-in-Chief of the site LittleLaw which helps aspiring lawyers develop their commercial awareness.

Commercial awareness. We have all heard that weird and wonderful term thrown around at university: ‘you need to be commercially aware to get a job in law’; ‘you need to improve your commercial awareness in order to be a serious candidate’. It was up there with snails in beer bottles and men on Clapham omnibuses. Yet despite telling us we needed it, no one ever told us what it was. But that did not matter, right? We were going to be barristers and barristers do not deal with such ‘solicitor-y’ things. Well that is not the case. Commercial awareness remains as important to us as to our solicitor counterparts, and we need to stay on top of it. Before delving into what commercial awareness is, it is important to point out what it is not: it is not simply for those practising in finance or chancery. Although it is especially relevant for those sectors, commercial awareness can be just as important for those practising in crime and family as it is for other areas. Prima facie, this may not look like the case, but like the term prima facie itself, we have to look at its meaning; if we can crack Latin, we can crack commercial awareness.

recent cases or news stories which may affect the decision. Ultimately, what is important is being critical and knowing the context, and commercial awareness is the thought process by which you understand this context. As you can imagine, now that we know that commercial awareness is just as much about critical thinking as it is about knowing what is happening in the sector you practise in, there are lots of ways to improve your commercial awareness. Watching the news, reading the papers, taking courses that help you develop your analytical skills; the list could go on. But we are busy lawyers and we do not have time to spend hours trawling through the internet to constantly keep on top of current events. That is where the sites specifically aimed at developing your commercial awareness come in. Specifically, I would like to mention the site LittleLaw. LittleLaw is specifically targeted at law students and lawyers and does the hard work for you; it tells you what has happened and why it is important from a legal perspective. I know this because a friend and I started the site to address this specific point (it is an unholy fusion between an aspiring barrister and solicitor). We create short, digestible articles that are designed to be read in three minutes or less; perfect for your commute into university or to court. You can see all of the latest news on our website, littlelaw.co.uk. It is worth a ‘little’ look.

So, what is it? Commercial awareness can be split into two separate aspects. Knowing what is going on in the world and knowing why it is going on. The why is the context surrounding an event. Many people often focus on the what aspect. They focus on which company made a deal, what ruling was given or the latest statistics for a sector. Inevitably, that knowledge will always differ depending on what you are looking at. The crucial aspect is the thought process. If you can analyse why something happened, and not just know that something happened, you will have a much greater understanding, a much greater ‘awareness’. For example, say company X acquired company Y, both of which are technology companies. Approaching this from a commercial awareness perspective, you need to know why and how this event happened: was Y performing poorly, was Y a threat to X, are acquisitions common in the technology sector, what implications does this have for competition in the technology market and what did regulators think of the acquisition. You have to look beyond the initial headline. This allows you to carry those insights to the next case and better predict, or influence, what may happen. The same principle applies to all areas of law. Looking at a family law context, it is important to understand the current climate in order to predict what decisions will be made over issues like child arrangements. For example, what is the current guidance or are there any

Regardless of where you find it, I hope that you now have a greater appreciation for commercial awareness and can use it to help you further your career. Stay safe (and commercially aware) in these strange times.

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HOW MIDDLE TEMPLE HELPED ME

AMY HUTCHINGS

How Middle Temple Helped Me Amy Hutchings studied Law at the University of Bristol and returned home to complete her BPTC at BPP Leeds. She is due to start her Common Law pupillage at Exchange Chambers in September 2021. In her free time, Amy enjoys travelling and scuba diving with her husband.

The Covid-19 pandemic has brought strange, unprecedented and difficult times for us all. It will forever cast a dark shadow on the world. Now more than ever, reflecting on oneâ&#x20AC;&#x2122;s own life seems inevitable and truly appreciating all the positives is so very important. Somewhere between Brexit and the global pandemic, I was offered pupillage at my dream set of chambers. This would not have been possible without Middle Temple, and so it is my pleasure to write this article; not only as a token of my appreciation but in the hope that it inspires positivity in these challenging times. Middle Temple has so much to offer; below are just some of the ways the Inn has helped me.

BPTC Scholarship My first visit to Middle Temple was for my scholarship interview in 2018. At that time, I had not thought of the Inns of Court as being accessible; they were grand, distant and almost intimidating establishments. I suppose I saw the Inns of Court in much the same way as my grand and distant dream to become a barrister.

Qualifying Sessions In September 2018, I commenced the BPTC. I was anxious, excited and motivated. Admittedly, the prospect of travelling to London (I studied the BPTC in Leeds) to complete 12 Qualifying Sessions (QS) was not something I was particularly looking forward to. Even though my experience of Middle Temple to date had been nothing but positive, I questioned why this tradition had to be followed. Was it not just some elaborate and redundant custom, another expensive quirk along the way to becoming a barrister? I would like to say that I was right, but in fact I learnt a great deal from the QS. I learnt about the history and traditions of the Middle Temple, the important fundamentals of advocacy and case theory. I met intelligent and ambitious people from a multitude of backgrounds. I felt deeply proud and privileged to be a part of this special legal institution and growing professional family.

When I arrived at Middle Temple, however, I was met with nothing but warmth, kindness and support; something which I greatly appreciated in such nerve-wracking circumstances. My scholarship interview was challenging, and so it should have been, but as I sat across from three extraordinarily intelligent and experienced members of the Bar and the judiciary, I was not made to feel small, alienated or unworthy. It was instead a positive experience. I will never forget the day I was offered a scholarship. I felt proud and unbelievably happy; this generous scholarship meant that I could study the BPTC. I could take the next step to becoming a barrister.

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Middle Temple also sought to make the QS accessible. For out of London students, multiple QS were hosted in Leeds and Manchester. Transport was arranged by our Middle Temple student reps, for example, from BPP Leeds to attend sessions in Manchester. The Inn also heavily subsidised all the events, acknowledging the costs of travelling to, and staying in, London.

Pupillage As I started my second attempt to obtain pupillage, I reached out to the Inn and requested a Mock Pupillage Interview. Within just three days, I was put in touch with an experienced barrister specialising in the practise area I too hoped to practice in. I will always be grateful to that barrister for giving up his time to help me, and for the Middle Temple Mock Pupillage Interview Scheme. On Monday 17 February 2020 I was offered pupillage. I will never forget that day and I will be eternally grateful to have had such a supportive Inn to help me achieve my dream. Middle Temple is my professional home. It is a place filled with warmth, support and generosity. Accepting all that Middle Temple has to offer, and believing that I too had a place there, helped me to fulfil my dream of becoming a barrister.

SCHOLARSHIPS AWARDED 2020

Scholarships Awarded 2020 BPTC Scholarships Awarded 2020 The Queen’s Scholarship Aislinn Kelly-Lyth

Queen Mother Scholarships Susannah Burley, Alice Campbell Davis, Odette Chalaby, Richard Flook, Chloe Gabriel, Florence Grieve, Cara Hall, Daniel Hallstrom, Isabel Hawkins, Kate Jenkin, Bradley John-Davies, Helena Khullar, James Megarry, Jernene Poponne, Madeleine Semple, Felix Tambling, Jack Thompson, Amber Turner, Anita Ukah, John Shaun Wong

Duke & Duchess of Cambridge Scholarships Beatrice Fatungase, Hoda Hashem

Diana, Princess of Wales Scholarship Queenet Awesu

Astbury Scholarships Emira Al-Dimashki, Charles Connor, Meghan Curran, Daniel Henderson, Christopher Holliday, Elena Margetts, Philip Matthews, Violet Smart

Diplock Scholarships Adam Clay-Croome, Madeleine Harper, Thomas Hoeksma, Emma Lazell, Bevan Mariadas, Ariane Ordoobadi, Sophie Stevens, Charley Weldrick, Joel Wootten

Harmsworth Scholarships Francesca Alozie, Marie Clarke, Constance Collard, Dana Contac, Sophia Gonella, Victoria Greenhalgh, Constance Halliwell, Isabella Kelly, Koku Junior Klutse, Mark Sheppard, Lynn-Sophie Temp, Jordan Warren

Jules Thorn Scholarships

Connor Scholarship

Safford Scholarship

Anna Draper

Joseph Barlow

Cunningham Scholarship

Sir Robert Micklethwait Memorial Scholarship

Richard Harrington

Gardiner Scholarship Tom Farr

South Square Scholarship

Godfrey Heilpern Memorial Scholarship Anthony Horsfall

H R Light Scholarship Kwame Taylor

Helena Normanton QC Scholarship Sophie Cole

HHJ Paul Clark Scholarship Katie Walden

Hubert Munroe Scholarship Frances Easton

J B Montagu Scholarship Celine Kart

Jamieson Scholarship Natalie Jolly

Joseph Jackson Scholarship Caitlin Nunez

Leolin Price QC Scholarship

Abby Buttle

State School Scholarship Aristide Hoang-Brown

Terence Fitzgerald Scholarship Lauren Holmes

Winston Churchill Scholarship Beronique Addington

GDL Scholarships Awarded 2020 Queen Mother Scholarships April Beech, Caitlin Colquhoun, Moritz Grimm, Alexi Norris, Charles Richardson, Nicholas Wood

Diplock Scholarships

Harmsworth Scholarships

Henry Pargeter

Yoseph Akak, Victoria Higgins

Luboshez Scholarship

Astbury Scholarships

Charlotte Arundale

Malcolm Wright Scholarship Chelsea Leonard

Melissa McDermott Scholarship Natalie O’Connell

Mona De Piro Scholarship

Karolina Zielinska

Blackstone Scholarship

Eleanor Robyn Lalic

Lowry Calvert Scholarship

Benefactors Scholarships

Shalpreet Singh

Stanley Levy Memorial Scholarship

Rhian Friedeberg-Steward, Pany Heliotis, Thomas Theakston

Angelina Nurse

Atkin Chambers Scholarship

Chloe Rixon

Gabriella Slater

Albert Gibbon, Jeneva Hutchinson, Hawa Jogi, Jake Loomes, Nora Neeva, Lily O’Mara, Harpreet Sandhu Kayleigh Arrindell, Lucy Barnes, Wendy Barnes, Casey Chard, Mitchell Davey, Alexandra Diaper, Thomas Hill, Rachel Hondora, Thomas Kidney, Chloe Reddock, James Russell, Eve Salter, Farin Shani, Nicole Shaw

Sean Gulliver

Nicholas Pumfrey Memorial Scholarship Pump Court Tax Chambers Scholarship Lucas Pinho Martins Nacif

Quatercentenary Scholarship Michael Elders

Readers’ Scholarship Joe Weeks

Robert Garraway Rice Scholarship Lewis Dunsmure

Annabel Hazlitt, Anna Gatrell, Joel Nelson, Harrison Shaylor

Jules Thorn Scholarship Sophie Kilminster

Benefactors Scholarships Jean-Charles Abid, Pink Squire-Lindsay

Entrance Exhibitions Awarded 2020 Blackstone Entrance Exhibitions Francesca Alozie, Queenet Awesu, Susannah Burley, Marie Clarke, Anna Draper, Cara Hall, Hoda Hashem, Aristide HoangBrown, Thomas Hoeksma, Rachel Hondora, Hawa Jogi, Natalie Jolly, Chelsea Leonard, Jake Loomes, Nora Neeva, Caitlin Nunez, Jernene Poponne, Chloe Reddock, James Russell, Eve Salter, Nicole Shaw, Kwame Taylor, Anita Ukah, Charley Weldrick

Harmsworth Entrance Exhibitions

Emma Llanwarne

Meghan Curran, Daniel Hallstrom, Philip Matthews, Violet Smart, Jack Thompson, Jordan Warren, Joe Weeks

Christopher Benson Scholarship

Rose Scholarship

LJ Sachs Entrance Exhibition

Joseph Williams

Charlotte Davies

Helena Khullar

Brick Court Chambers Scholarship Gabriella Ashby

Rosina Hare Scholarship

2020 Middle Templar

COVID-19 PANDEMIC

MASTER ANDREW HOCHHAUSER

Confronting the Challenges presented by the Covid-19 pandemic Master Andrew Hochhauser is honorary Counsel to Westminster Abbey, a former Trustee of the V&A, Governor of the University of the Arts London, a Vice-Chairman of the Inns of Court College of Advocacy, a Fellow of the Chartered Institute of Arbitrators, a Deputy High Court Judge and the Chairman of Paintings in Hospitals. He is the 2020 Deputy Treasurer.

On Tuesday 14 April 2020, Master Treasurer wrote to all members of the Inn. The opening paragraph of that letter stated ‘The speed and severity with which the Covid-19 outbreak has struck this country and so many others around the world has been truly traumatic – none of us could ever have foreseen such dramatic consequences in our personal and working lives’. The Inn closed its doors after lunch service on Monday 16 March 2020. All Domus and non-Domus events ceased. The Library remained open until Monday 23 March 2020, but after the Government announced a lockdown, that too closed. Since then we have become used to working remotely. Words like ‘Zoom’, ‘StarLeaf’, ‘Blue Jeans’, ‘Skype for Business’ and ‘Microsoft Teams’, hitherto unknown, have become part of our daily vocabulary. Chambers are unoccupied. A ghostly atmosphere pervades the Temple. In such circumstances, how can the Inn help its members? The Middle Temple is a community of practitioners, pupils, students, members (including judges) and our staff. In these troubling times, we want to make sure that we preserve that special ethos, and that all still feel part of that community. We have been determined to remain in close contact through our activities, providing updates and communication channels, as well as through many other initiatives. On Thursday 14 May 2020, we held a ‘virtual’ extraordinary meeting of Parliament by Microsoft Teams. 132 Benchers attended from many parts of the world. That attendance is a record. Whilst some staff have been

put ‘on furlough’, many others have worked extremely hard to ensure that ‘the show goes on’. I would like to pay tribute to all that they have done, which has been far above and beyond the call of duty. Here is a description of the various activities to date.

Education and Training The core activity of the Inn has been, and remains, providing education and CPD to our students, pupils, and new and established practitioners. Despite the fact that we cannot provide face-to-face activities, our Education & Training team, led by the brilliant Christa Richmond, has developed a series of ‘virtual’ distance learning initiatives that will ensure that our members do not suffer unduly as a result of the lockdown. We continue to provide a full complement of Qualifying Sessions (QS) for students. Following the Parliament meeting on Thursday 14 May 2020, we have had many offers of help from Benchers, including Master Nick Critelli in Iowa and Master Adrian Jack in the BVI! This programme now contains well over 2,500 slots, which is the number needed to give all students the opportunity to attend the required number of QS in time for Call to the Bar. These include advocacy days, designed for those who had signed up to Cumberland Lodge, 10 Sherrard Conversations, five mock trials, four MTSA events, four MTYBA events, the continuation of the Rosamund Smith Mooting Competition and two wellbeing sessions. In addition, there are courses for pupils and new practitioners including the Pupils’ Course, the New

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Practitioners’ Programme, the Advocacy and the Vulnerable course and counselling sessions. There are plans for a CPD day on the topic of handling expert witnesses, which will be held later in the year. I will be running it with Master Paul Stanley and once again it will take place remotely.

Scholarships and Prizes Despite the lockdown, it has been ‘business as usual’, as arrangements have been made to conduct all our interviews remotely, beginning with the Access to the Bar interviews, which were held in April. Eight interviewers awarded 36 Awards to second and third-year students, who are from disadvantaged backgrounds, often the first in their family to go to university. These Awards will enable them to have one week’s marshalling with a judge and one week shadowing a senior barrister in chambers, together with the provision of the necessary funding. Arranging the interviews for the Bar Professional Training Course (BPTC) scholarships is a challenge, even in normal circumstances. There are so many of them, because of the Inn’s policy of interviewing every single applicant. It is usually a three-day event held just after Easter with eight panels, each consisting of three members. This year we were determined that we should stick to that policy – and we did. Some 350 interviews were scheduled remotely by StarLeaf with 24 interviewers between Thursday 21 and Friday 29 May 2020. Similar arrangements were put in place for the GDL interviews in June 2020.

Financial support for our members We are extremely aware of the financial hardship that many of our members are suffering as a result of this crisis. We want to provide financial support to these members and, along with the other three Inns, have supported a campaign by the Barristers’ Benevolent Association (BBA) to help those in urgent need. It seeks to raise emergency funds from

those within the entire membership who can afford to donate. To start this fund, each Inn committed a substantial sum and the position is being kept under review to ensure that there are adequate funds. The current funds available for the emergency as a result of the recent appeal exceed £1m. The BBA, however, only covers practising members of the Bar – that is to say, those who have held a brief. Its statutes do not permit it to provide assistance to students, those waiting for pupillage or pupils who have not held a brief. As a result, following the recommendations of a Working Group I chaired, the Inn has set up a Covid-19 Hardship Fund, which supplements its existing hardship fund for that cohort of its membership not covered by the Scheme. It has been allocated £100,000 from the Inn’s budget and through the generosity of its members over £80,000 has additionally been donated. The following members are eligible to apply for assistance (full details of which are on the Inn’s website): Students who are currently: • On the GDL or equivalent conversion course; • On the BPTC; • Between the BPTC and Call with an offer of pupillage; • Those under 2 years’ Call who are actively seeking pupillage. Pupils: All pupils, save those who qualify for BBA funds. It has since been clarified by the Chair of the BBA that second six pupils will be eligible to participate in the BBA Hardship Fund, if they have held a brief or received instructions. Unregistered Barristers, i.e. persons who have been Called but do not hold a Practising Certificate: Those Unregistered Barristers who have a firm offer of pupillage from an AETO, where that pupillage has not yet started, either because it has been deferred or because it was scheduled to start at a later date in

the first place. This category will be kept under review to see whether we can include more Unregistered Barristers. MYTBA also has its own small emergency support fund for all its members who are Unregistered Barristers.

Estates Similarly, we are well aware that many of our tenants are experiencing real difficulties in meeting their rent obligations, as revenue streams evaporate. In appropriate cases, therefore, we have agreed to provide some financial respite to both our commercial and residential tenants in an effort to help them weather the current storm. We have written to every tenant outlining the assistance that is available, should the need arise as a result of the Covid-19 outbreak.

Membership Work on a new Members’ Lounge in the Ashley Building is proceeding as planned. It will open onto the Garden and should be ready when the first cohort of students on the ICCA Bar course commence their Part 2 course in March 2021. The Inn continues to offer a free and confidential counselling service to all student and junior members of the Inn up to seven years’ Call. This service offers support from both personal and professional issues from a qualified and experienced counsellor. For more details please contact Christa Richmond on c.richmond@middletemple.org.uk. The Hall Committee have provided the following activities: on Thursday 20 May 2020, there was a virtual seminar dealing with remote hearings from both a practitioner and judicial perspective. That was followed by a second seminar on financial planning during the Covid-19 pandemic. On the social side, they have established a remote book club. The first meeting was hosted by Master Peter Murphy, the chosen book being his novel One Law for the Rest of Us. A virtual pub quiz is planned later in the year. The LGBTQ+ Forum scheduled a

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series of film nights from 22 April to 27 May 2020 every Wednesday at 19:30, watching a film on Netflix Party, followed by a Zoom discussion with drinks. There was a remote ‘Taking Pride’ event on Friday 26 June 2020. The new date for its Michaelmas Dinner is Wednesday 18 November 2020.

The Library and Online Resources As far as the library is concerned, collaboratively with the other Inns, we are providing a free documentary delivery service which can be accessed by the use of a simple form at: www.middletemple.org.uk/ distance-service-copyrightdeclaration. In addition, there is a list of free online resources that can be accessed which can be found at: www.middletemple.org.uk/ libraryarchive/library/library-services/ online-training-resources-andwebinars and there is a webinar archived which may be of interest at: www.middletemple.org.uk/ libraryarchive/library/legal-researchtraining/live-stream-navigating-freelegal-web together with an online video to be found at screencast-omatic.com/watch/cYe0X5yq1z There is also the ability to listen to both series of the excellent Pupillage Podcasts and access to recorded Treasurer’s Lectures as outlined in the April eNews all to ensure our members feel connected with the Inn and with each other. As presently advised, the Inn will not reopen before October 2020, but as her Majesty the Queen said in her broadcast to the UK and the Commonwealth on Sunday 5 April 2020: We should take comfort that while we may have more still to endure, better days will return; we will be with our friends again; we will be with our families again; we will meet again.

Rest assured, that until that happens, the Inn remains committed to doing what it can to ensure the personal and professional wellbeing of its members.

A DAY IN THE COUNTRY IN LOCKDOWN

MASTER PAUL WORSLEY

A Day in the Country in Lockdown Master Paul Worsley is a former Judge and Barrister. He both prosecuted and defended criminal cases, including the successful prosecution of Wearside Jack, who had pretended to be the Yorkshire Ripper. He later went on to sit as a Judge and heard cases at the Old Bailey.

You chaps and chapesses in the city probably think you are having it hard in these extraordinary times. Perhaps an idea of how we in the country have to spend our days during Lockdown will open your eyes as to how the other half lives and make you more sympathetic – or at least better informed. First you need a regime. I always rise early to make Mrs W (‘She Who Must Be Obeyed’) her cup of tea in bed at 08:00, then again at 09:00 and again at 10:00, by which time she actually needs to get up: I use the same tea bag so it’s not as extravagant as you might assume. The first job is to take the dog out and go up to the greenhouse to check on the green zebras and Brandywine pinks (tomato varieties). Next I see how the Black Hamburg is sprouting. It’s doing very nicely at the moment with all this sunshine. Soon I’ll no longer have to be reliant on Lidl’s weekly Montrachet delivery. Though come to think of it, they have not delivered recently. And they are supposed to prioritise essentials for the over 70s. I may stop my STO.

Then I go to feed the hens. Of course, I appreciate that we must eat the eggs our splendid little Bluebells and Barred Leghorns produce, but scrambled egg for lunch every day can be a little overwhelming. Of course, Mrs W’s right – she’s better things to do than to make soufflé every day…

Once a day I check the fruit frames to see how Glasgin’s Perpetual is coming on. Mrs W prefers the Champagne variety of rhubarb – but she would. Anyhow, it is very reassuring and regularising to see the way it grows so fast overnight. I doubt if we will ever go short of this essential fruit. It is indeed surprising – as Mrs W says – how many exciting dishes you can make with rhubarb: rhubarb crumble, rhubarb upside down tart, bread & rhubarb pudding, and – when mixed with ginger – rhubarb rice pudding, rhubarb arctic roll (a Northern dessert) and of course rhubarb surprise…

I have been trying my hand at culinary skills after going on ‘The One-Pot Wonder’ cookery course at Betty’s in Harrogate. But I agree with Mrs W, it’s not worth both of us being up all night suffering from the effects of me trying to keep my hand in. She reminds me daily that I hardly need to keep up my skills when she can produce, with local free ingredients, dishes such as ‘ground elder and nettle’ soup. Who would have thought those humble components could hold so much nutrition – and that we would be able to sample them so often.

Being in Lockdown, I like to have a little challenge each day. Today’s job was to unblock the Gardener’s Loo. What he does when he’s here, I have no idea. He promised to leave instructions for me on how to use the sit-on mower, but Mrs W’s torn them up. She says she does not want the lawn ruined as well. I must say I thought my pruning – though a little late in the season admittedly – would have made a real difference to the way the perennials sprouted. But he does bring his own loo roll: which I have found very useful, with those shiny sheets claiming to be ‘OHMS’. Mrs W snaffles our loo roll at the beginning of each day and rations the sheets, which I think is going a bit far.

Of course, the handyman cannot come with Lockdown in place. One of the bulbs in the downlighters in the kitchen has blown. It involves putting a short ladder on a table which stands on top of the work surface. I really do not fancy Mrs W’s chances of successfully undertaking that operation, but we shall see. I hold the ladder. As the man in the house of course I take on all the technical tasks. I go into the garage for half an hour daily. Mrs W says its wholly unnecessary since we are not using the cars, but I do like to know that the electric windows are all in satisfactory working order and the windscreen washer levels are topped up. And I can listen uninterruptedly to Alan Titchmarsh on Classic FM. On second thoughts perhaps half an hour is too long… Mid-morning, I do enjoy watching ‘Bridge over the River Kwai’: Alec Guinness is amazing. My 14 viewings of it since Lockdown have certainly confirmed that. Of course, the scammers are out in force now that we are locked down. I

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had a call this morning from someone who said they were from the fraud department of Yorkshire Bank and wanted my banking details to confirm that a £2,000 debit card transaction to an overseas recipient was authorised. £2,000 out of my dwindling account I said? Fat chance. In late morning we sit briefly in the kitchen together when I wrestle with the coffee making machine. I have counted the beans and we should be okay till early September, if I am careful. We are keeping a diary of all the garden birds we see. Mrs W says she’s seen a rough legged buzzard on the bird feeder, but I think it was more likely to have been a rather bloated female blackbird. And it was after the yardarm had gone somewhere that she made that sighting. I also have to check the outdoor swimming pool about lunchtime every day, by which hour the ice has usually thawed and the pool is ready for the intrepid swimmers among us. Now we are locked down Mrs W and I are unable to go for our ‘one to one’ singing lessons. So, I tend to walk round the garden singing Au Fond du Temple Saint from The Pearl Fishers but the tenor’s top G is proving a little elusive. I may have to abandon the tenor part and take on Zurga’s baritone role; though I am generally reckoned to be a better tenor than baritone, by those who have heard me. The dog certainly thinks so, for she joins in. Anyhow, it keeps the neighbours at a respectful distance. On a good day when we are walking around the dog will catch a pheasant. It’s so good to have meat now and then. I’m feeding the koi twice a day, but Mrs W thinks the Lockdown will long be over before they are of a decent size for the table – but who knows. I certainly don’t trust the politicians’ forecasts.

It’s not just that the grass is so long you that cannot hit the balls, it’s that you can’t see where they are. But instead of croquet I have my daily online bridge lesson. I must say my take-out doubles have surprised everyone in the beginner’s class. We have been so impressed with the old chap Captain Tom that Mrs W now gives me £1 each day and tells me to walk round the garden. she says it doesn’t matter how long it takes and has even offered to double the rate if I stay out longer. I doubt if I will raise £1,000s, but who knows.

4 myself but have had no response. I wonder if I have been given the right address. When I have woken up from that I always go for a bike ride. I use my daughter’s old bike. I’m sure if you have a pert little b*tt*m the very small, pointed and unpadded saddle can enhance a very satisfying experience, but for someone with an average posterior it does not. I usually limp off the bike and have to rest awhile when I get back. We do a short daily Zoom session with the grandchildren. I say ‘short’ because although it physically lasts two hours, only 14 minutes is actual face to face. The rest seems to be spent angling the camera, getting proper reception, unmuting the sound and then getting them to concentrate for more than 60 seconds. Anyhow, over the Zoom we have drawn up a design for a mosaic to go in the croquet hut. I shall enjoy looking at it for sadly I fear it will be sometime before we can resume our weekly inter-village croquet matches.

At the end of the day we do enjoy a little snifter before dinner. Mrs W has rhubarb gin – 1 part rhubarb (yes, more rhubarb) cordial to 8 parts gin. She says it’s very soothing after another day at home with me. I find Tesco’s wine boxes are the answer. Of course, as Mrs W points out, you cannot see how much has been drunk because it’s in a box;’ ‘tant pis’ as the French would say. I find their three litre boxes of Chateau Lafite (premier cru) are not at all bad. Before I turn in, I always watch one of our 1990s three-hour VHS tapes of our sailing holidays. I find the gentle noise of the breeze and splash of the waves on the hull very therapeutic. And there is always the chance that during the long sessions of blank seascape I might catch sight of the odd dolphin. And so, to the end of another locked down day. As Mrs W perspicaciously reflects – it cannot last for ever. But she’s been able to teach me so much about household tasks now that we are without staff. So as you can see, life during Lockdown in the country is not all whine and rouses…

I do like to accomplish one new chore each day – or I would become complacent. So today I went through my wardrobe. Mrs W is of course right – I don’t need to wear my grey suit every day and could wear my other one – the black one – on alternate days: it does not need to be a Sunday. In the afternoon I settle down to listen to Radio 4’s Afternoon Play. From when I tune in to the end seems to be only a few minutes. How they can commission these ridiculously short plays I do not understand. I have submitted a short radio play to Radio

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IMPEACHMENT OF A U.S. PRESIDENT

MASTER JAMES SILKENAT

Impeachment of a

U.S. President Master James Silkenat is a Past President of the American Bar Association. He is a partner in the New York office of Sullivan & Worcester, is a former Legal Counsel at the World Bank Group’s International Finance Corporation and a member of the American Law Institute. He is a member of the Board of Directors of the World Justice Project.

The impeachment of President Donald Trump by the U.S. House of Representatives in December 2019 focused many Americans and others around the world on the complexities of a peculiar feature of the American Constitution: the impeachment of a high government official, specifically the President of the United States. How do you remove a U.S. President from office? For what reasons and under what procedures can and should this be done? In these strained times on the American political scene, these questions seem to engage almost everyone, either pro or con, concerning the current incumbent. A troubling side issue is how to analyse the various aspects of impeachment without giving such analysis a personal political slant. The answer, unfortunately, is that basically you cannot. Nevertheless, this article will make a good-faith, non-partisan effort to discuss, for a non-U.S. legal audience, the legal, historical, political and procedural aspects of impeachment as they exist today in the United States.

For most Americans of a certain age, the notion of impeachment involves three U.S. Presidents: Richard Nixon in 1974; Bill Clinton in 1998/ 1999; and now Donald Trump in 2019/20. President Nixon, while facing almost certain impeachment and conviction by Congress, resigned from office before impeachment could be approved by the U.S. House of Representatives. President Clinton was impeached by the House, but was not convicted by the Senate, and thus was not removed from office. The same (impeachment by the House and lack of conviction by the Senate) has now been the result for President Trump. The only other impeachment of a U.S. President was that of President Andrew Johnson in 1868. He was impeached by the House, but found not guilty by the Senate. The term ‘impeachment’ is used several times in the U.S. Constitution. Article I, Section 2, Clause 5, provides that: ‘The House of Representatives... shall have the sole Power of Impeachment’. In Article I, Section 3, Clause 6, the Constitution states that the Senate ‘shall have the sole Power to try all Impeachments’. Conviction in such trials requires the concurrence of two thirds of the Senate and results in removal from office. And, finally, Article II, Section 4, of the Constitution provides that ‘The President... shall be removed from office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanours’.

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The above language, while central to any analysis of Constitutional requirements, is not without controversy. There is no definition in the Constitution of ‘high Crimes and Misdemeanours’. Arguments on the content of these words have been voluminous, but have often centred on what they meant to the drafters of the Constitution and under English common law before that. The term is problematic because it might, on its face, be taken to refer only to offences covered by criminal laws. That, however, has not been the history of the wording and is not accepted by most Constitutional scholars today. Both in U.S and English practice there has always been a perceived need to allow some flexibility in how the term is applied, since the varieties of potential misconduct by a government official are so numerous and complex. Essentially, the term has come to mean (although always contested by counsel for the person being impeached) that a government officer has somehow exceeded the powers of his or her office (particularly vis-a-vis another branch of government) or used the power of the office for personal gain. There is general recognition that the process is unavoidably both legal and political in nature. Another potential defence to impeachment has been the argument that Congress should leave the fate of a President to the American voter in the next Presidential election. This would of course essentially eliminate the process of impeachment contained in the Constitution (and the reasons for its inclusion by America’s founding fathers) and be singularly inappropriate when the conduct being punished could result in a Presidential election itself being tarnished or subverted. In the impeachment proceedings against President Trump, there were

In Article I, Section 3, Clause 6, the Constitution states that the Senate ‘shall have the sole Power to try all Impeachments’. Conviction in such trials requires the concurrence of two thirds of the Senate and results in removal from office. Article II, Section 4, of the Constitution provides that ‘The President... shall be removed from office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanours’.

two Articles of Impeachment brought to the House of Representatives, one dealing with ‘Abuse of Power’ and one dealing with ‘Obstruction of Congress’. Both Articles of Impeachment arose out of the charge that President Trump had sought political interference in the upcoming (2020) U.S. Presidential election in order to help his re-election efforts and then blocked any inquiry by Congress into his actions. Specifically, the House charged that President Trump had withheld military aid to Ukraine unless Ukrainian President Zelensky announced an investigation into one of Trump’s likely rivals for the Presidency, former U.S. Vice President Joe Biden (the ’quid pro quo’ that was repeatedly referred to in the investigation). The drafting of the Articles of Impeachment by the House of Representatives was preceded by hearings by the House’s Judiciary Committee. During these hearings, numerous persons were called to testify concerning their knowledge of the facts surrounding President Trump and his actions concerning Ukraine. The President and his legal team declined to participate in the hearings or offer any defence. Further, they sought to prevent anyone in the Executive Branch from testifying. The Judiciary Committee forwarded to the full House its recommendations and a 658 page report on its findings. In a vote on Wednesday 18 December 2019, the House of Representatives by a vote of 230 to 197 approved Impeachment Article I and by a vote of 229 to 198 approved Impeachment Article II. Both votes were almost completely along party lines, with no Republicans in the House voting in favour of either Article and only two or three Democrats voting against. The trial of the President under the approved Articles of Impeachment

then moved to the U.S. Senate, where a two thirds vote would be required for conviction and removal from office. Given the Republican majority in the Senate, this would be a difficult hurdle to clear. This was especially true since, although the Senators were required by ‘oath and affirmation’ to be impartial, several Republican Senators announced in advance that they would not be neutral. Senate Judiciary Committee Chairman Lindsey Graham, for example, noted, that ‘I’m not trying to pretend to be a fair juror here’. Further, Senate Majority Leader Mitch McConnell noted publicly that he was coordinating the Senate trial with the White House.

…Congress should leave the fate of a President to the American voter in the next Presidential election. Adding to the drama of the Senate trial was whether witnesses would be allowed to testify in the trial. Senate Democrats requested that a number of senior Administration officials be called to testify concerning their knowledge of events cited in the Impeachment Articles. Such request for witness participation was rejected by Republican Senate Majority Leader McConnell, even though there appeared to be additional evidence that the House had not had a chance to consider. The trial in the Senate was presided over by U.S. Supreme Court Chief Justice, Master John Roberts (also an

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Honorary Bencher of the Middle Temple), as required by the Constitution. The scope of the Chief Justice’s role in the impeachment trial is not discussed in detail in the Constitution, and Chief Justices, in this and in the earlier Clinton impeachment trial, have not played an expansive role in the proceedings. On Wednesday 5 February 2020, the Senate rejected the Articles of Impeachment by a vote of 48 to 52 on Article I and 47 to 53 on Article II. All Democrats in the Senate voted for conviction on both Articles. Both Independents in the Senate voted to convict on both counts. And all Republicans, but one, voted not to convict. That one Republican was Senator Mitt Romney, the Republican candidate for President in 2012, who voted to convict President Trump on the first Article of Impeachment, thereby becoming the first Senator in U.S. history to vote to convict a President of his own party. Although almost everyone in the United States, including this writer, has strong views on the subject, it may be too early to know what lessons are to be learned from the impeachment of President Trump and the Senate’s decision not to remove him from office. That is a topic that certainly merits serious attention and discussion, but perhaps not yet in these pages. With regard to the Constitutional provision of impeachment, it seems clear to this writer that it was intended to be, and should be, used very sparingly. But it is even clearer that impeachment remains especially important to America’s civic health and ought not to be so constrained by political considerations that it is unavailable when critically needed. The drafters of the U.S. Constitution believed an officeholder’s tyrannical conduct could so endanger the nation that addressing it could not await the next election. The concept had merit then; it still does.

LEVELLING THE PLAYING FIELD

MASTER GRAEME MEW

Levelling the Playing Field Master Graeme Mew had an extensive sports law practice prior to his appointment as a judge of the Ontario Superior Court of Justice and served as an arbitrator and mediator for the Court of Arbitration for Sport, Sport Resolutions, World Rugby and the Sport Dispute Resolution Centre of Canada.

In November 2019 the sports headlines proclaimed the finding, by an independent panel, that Saracens, the highly successful Premiership Rugby club, had breached salary regulations and had been fined £5,360.272.31 and deducted 35 league points. At the time, the panel’s decision had not been made public. It was not until January, after details of the panel’s decision had been leaked, and a further 70-point deduction had been imposed by Premiership Rugby after Saracens were said to have failed to prove compliance with the salary regulations during the current season, that the full decision was released by Premiership Rugby. That decision, a comprehensive 323 paragraph treatise, would compare favourably, in terms of its thoroughness and authoritative tone, with any judgment from a senior court. Which was hardly surprising, given that the chair of the threeperson panel appointed to hear the case by Sport Resolutions, the national sport dispute resolution service, was Master John Dyson. The other members were Aidan Robertson QC (also a Middle Templar) of Brick Court Chambers and Jeremy Summers, a partner at Osborne Clarke and a highly experienced World Rugby judicial officer. The panel’s decision came after a five-day evidentiary hearing. It dealt not only with the interpretation and application of the salary regulations but, also, whether the regulations themselves were anti-competitive under EU law and what standard of review or deference should be accorded to the findings

of Premiership Rugby’s Salary Cap Manager. There was a time when the resolution of sports disputes was much simpler. Rugby was an amateur sport. Disputes usually involved matters of on-field discipline. Hearings were often convened quickly after a match. Video evidence was rarely available. Indeed, at the lower levels of the game, it was not unknown for such hearings to take place around a drink-filled table in a corner of the clubhouse bar after the game. Justice was dispensed quickly, efficiently and with the minimum of fuss or disruption to post-match social activities. Today, sport is big business. Rugby is no exception. The laws of the game are but one element of the regulatory machinery. At a national and international level, there is a myriad of regulations governing leagues, movement of players, anti-doping, safe sport, marketing, branding, broadcasting, image rights, conduct, terms of engagement of players, and so it goes on. More broadly, a body of sports law has evolved, consisting of rules that govern the practice of sport and the resolution of sports disputes. These rules straddle the boundaries between many well-established branches of the law. But there are also generally applicable legal principles that have been recognised by sports tribunals and courts which form part of what some academics and commentators refer to as the lex sportiva. One of the most important developments in sports law has

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been the growing sophistication and technicality of the jurisprudence of specialist sports tribunals and appeals panels. Where once these bodies acted almost exclusively as disciplinary tribunals, they now often hear cases that require a detailed knowledge of the law and a determination of how specific legal issues should apply in the context of a sports dispute. The Saracens case is a prime example. Inevitably, the increasing sophistication of the subject matter that sports tribunals deal with, and the way that they operate means that their procedures have become more court-like in appearance. They are required to adhere to the rules of natural justice; legal representation is now commonplace; lay panel members have been replaced by lawyers and judges (both sitting and retired); the applicable rules are professionally drafted; decisions and reasons for reaching them are handed down in the same style as court judgments. The sanctions imposed are pronounced and justified in a similarly judicial style. Not everyone sees these developments as positive. Traditionalists yearn for less complicated and legalistic days. Yet one consequence of this socalled ‘juridification’ of these sports tribunals has been a greater degree of acceptance of their decisions by the parties appearing before them which, in turn, has led to fewer challenges to their authority coming before the courts. In the Saracens case, within a fortnight of the tribunal’s decision and its dramatic consequences being notified to the parties, Premiership Rugby and Saracens put out a joint statement confirming the sanctions and, in the case of Saracens, announcing that no review of the decision would be sought. Unfortunately for Saracens, the aftereffects of the decision rumbled on.

There was increasing clamour from the rugby public for the decision of the tribunal to be published. Under the applicable regulations, all dispute proceedings were supposed to be confidential. But the public interest and the importance of transparent sports governance made it increasingly difficult for Premiership Rugby and Saracens to resist the demands for publication. Indeed, there were reports that Master Dyson himself favoured making the decision public. When that happened, as it was bound to, informed observers quickly concluded that the decision was both legally accurate and wellreasoned. Given its authorship, that will not have come as a surprise. An important element of the decision was how the panel dealt with the decision of Premiership Rugby’s Salary Cap Manager. Under the applicable regulations he was an individual charged with the responsibility of deciding whether payments or other benefits in kind received by players should form part of their salary for the purposes of determining whether there had been compliance with the salary cap rules. In essence, Premiership Rugby clubs are limited in the total amount of salary that can be paid to their players in any given Salary Cap Year. The Salary Cap Manager had determined that certain property co-investments with players by ‘connected parties’ of Saracens should be regarded as ‘salary’ payments to the players concerned. So should payments for alleged promotional appearances, and payments to a player by a hospitality business owned by the Saracens owner’s daughter under a purported agreement for the player to appear at corporate hospitality events. As a result, the total salary payments to players by Saracens exceeded the cap for three salary cap years. The panel adopted a deferential view of the Salary Cap Manager’s determinations; his judgment should only be displaced if it was one which

was not reasonably open to him. This test is similar to that applied in the judicial review of decision makers in the administrative law context. It is also consistent with the approach commonly taken by sports tribunals unless, as is sometimes the case, a de novo review is expressly provided for. There were some nice turns of phrase. The case was not the first brush that Saracens had had with the salary cap regulations. In 2015, Saracens had been charged with failing to cooperate with an investigatory audit by Premiership Rugby. Ensuing disciplinary proceedings were settled. As the panel put it: ‘In sporting parlance, Saracens had been issued with a clear “Yellow Card” in 2015 and the onus was then plainly on it to ensure that it stayed firmly within the Regulations, and to seek clarification … If it was in any doubt as to whether it was doing so’. In response to the argument by Saracens that the object of the salary cap was anti-competitive and a breach of EU law, the panel wryly observed that a ‘candid acceptance of the desirability of a salary cap in some form’ by Saracens’ factual witnesses ‘puts the final nail in the coffin of Saracens’ case on object’. The Premier Rugby Limited v Saracens Limited case has not been the only recent high-profile sporting decision involving members of the Inn. At the end of February, the Court of Arbitration for Sport (CAS) released its decision in World Anti-Doping Agency v. Sun Yang & Fédération Internationale de Natation. The case involved allegations that the Chinese swimmer, Sun Yang, had failed to comply with doping control measures and had attempted to tamper with a sample-containing vial. Yang, who had won the 200 metre event at the 2016 Olympics, mounted a vigorous and aggressive defence. He demanded, and was granted, a public hearing (a very rare event

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in CAS cases). The three-person hearing panel, was composed of an Italian judge, Franco Frattini, Master Philippe Sands and Romano F. Subiotto QC. The hearing can be viewed online (https://vimeo. com/373204016). There were some ‘technical problems’ with the translation of the evidence but the hearing is worth taking a look at. The outcome was a career ending eightyear ban for Yang. The panel did not mince its words in its criticism of the athlete: It was striking that, in the course of his testimony, at no point did the Athlete express any regret as to his actions, or indicate that, with the benefit of hindsight, it might have been preferable for him to have acted differently. Rather, as the proceedings unfolded, he dug his heels in and, eventually, sought to blame others for the manifest failings that occurred.

The panel’s concluding remarks apply equally to all decisions by sports tribunals: The Panel has noted the considerable public interest in these proceedings, a reflection no doubt of the Athlete’s reputation and success in his chosen sport. The Panel has proceeded on the basis that its role is to establish the facts, on the basis of the record before it, and to interpret and apply the applicable rules to those facts. This is the rule of law, now of singular importance in the field of sport, and applicable to all athletes, irrespective of their background or status, their standing or success. The application of the rule of law in the domain of sport requires all to be treated equally.

Sadly, cheating, corruption, abuse of power, exploitation, discrimination and poor governance remain persistent features of modern sport. The Saracens and Sun Yang cases are recent examples of how sports tribunals help to level the playing field. Master Dyson and Master Sands are among an increasing number of members of our Inn who have taken up the challenge of administering justice in the world of sport. But there remains much to be done.

YOU HAVE THE RIGHT TO REMAIN UNIDENTIFIED

ADAM SPEKER QC

You have the right to

d e i f i t n e d i n U n i Rema Adam Speker was Called to the Bar in 1999 and took Silk in 2020, having been rated as one of only two ‘star individual’ juniors in defamation and privacy in the Chambers & Partners UK Bar Guide. Adam specialises in all aspects of media and communications law including defamation, privacy, breach of confidence, harassment and data protection.

When interviewing students for Middle Temple scholarships in April 2019, my panel asked a familiar question: ‘should those arrested or charged with criminal offences be anonymised and, if so, why’. Every single student said yes to anonymisation for defendants. None, so far as I can recall, referred to open

justice or its importance and, when asked why a suspect’s identity should be withheld, almost all cited the case of Liam Allan. Mr Allan’s case was in the news at the time. He was a student who had been charged with the rape of a fellow student and suspended from his university. His trial collapsed shortly before it was due to take place after it was

discovered that police had failed to disclose text messages revealing that the complainant had pestered Mr Allan for casual sex. To those students, to name someone as a suspect in the media or online who might turn out to be innocent, was simply unfair. At that time, Middle Temple scholarship applicants could have looked for support for their view from the joint dissenting judgment of Lords Kerr and Toulson in PNM (Khuja) v Times Newspapers [2017] UKSC 49. Khuja was a case concerned with reporting restrictions and whether an individual who had been investigated as part of a child sex grooming case who was never charged but was named in open court in the trials of others, was entitled to have his name withheld from the public. The judge at first instance dismissed the application for a reporting restriction on the basis that Mr Khuja’s identity had been revealed in open court. That decision was upheld in the Court of Appeal and by a majority in the Supreme Court. However, in a strong joint dissenting judgment, Lords Kerr and Toulson expressed their disagreement and identified: ‘increasing concern, judicial and extra-judicial, about the effect upon an innocent person’s reputation of the publication of the fact of his arrest’. ZXC v Bloomberg LLP [2020] EWCA Civ 611 concerned an appeal from a decision of a judge at first instance to find that the claimant, who had been investigated in respect of corruption allegations, was entitled to anonymity. The facts related to an investigation by a law enforcement agency into the claimant’s company and various of its personnel. ZXC was one of the company personnel who was investigated. Bloomberg obtained information about the investigation via a leak from the law enforcement agency. None of the individuals have been charged.

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The Court of Appeal had to address the question whether, and to what extent, a person can have a reasonable expectation of privacy in relation to information that relates to a criminal investigation into his activities. It was common ground that if someone is charged with an offence there is no longer a reasonable expectation of privacy. After a review of the authorities, which including Sir Cliff Richard’s successful case against the BBC ([2019] Ch 169), Lord Justice Simon concluded that the judge in Sir Cliff’s case (Mr Justice Mann) had been correct to find that an individual accused of a crime had at least prima facie a reasonable expectation of privacy in respect of the fact that he was under investigation. Lord Justice Simon said at [82]: Since the matter arises for decision in the present case, I would take the opportunity to make clear that those who have simply come under suspicion by an organ of the state have, in general, a reasonable and objectively founded expectation of privacy in relation to that fact and an expressed basis for that suspicion. The suspicion may ultimately be shown to be well-founded or ill-founded, but until that point the law should recognise the human characteristic to assume the worst (that there is no smoke without fire); and to overlook the fundamental legal principle that those who are accused of an offence are deemed to be innocent until they are proven guilty.

He went on, at [84], to explain that the reasonable expectation of privacy was not in general dependent on the type of crime being investigated or the public characteristics of the suspect because to be suspected of any crime was damaging. However, the reasonable expectation of privacy might be significantly reduced, even to extinction, due to the public nature of the activity under consideration, such as rioting. Lord Justice Bean agreed without giving reasons. Lord Justice Underhill gave a concurring judgment, whilst explaining that he had not found the issues which the appeal raised ‘entirely straightforward’. He emphasised, at [147], that ‘the proposition that a person has a reasonable expectation of privacy in relation to a police (or similar) investigation is not a universal rule and that the circumstances of a particular case may justify a different conclusion’.

One of the reasons given for finding that ZXC was entitled to a reasonable expectation of privacy was, as Lord Justice Simon put it, because to report that someone is under investigation is damaging to that individual’s reputation because the public do not accept the principle that a person is innocent until proven guilty. That was the very issue that troubled the Supreme Court in Khuja. The decision of the Court of Appeal in ZXC provides some clarity for suspects but the position is, as Lord Justice Underhill put it, ‘not entirely straightforward’. The first issue is essentially a practical one. It was common ground before the Court that a suspect would lose an entitlement to anonymity upon charge. There is often a small window of opportunity for a claimant to seek an interim injunction to stop a media organisation reporting that he is under investigation in the period between any leak and before charge. Moreover, it may be a waste of time and money to obtain an injunction if the police go on to charge since the protection would fall away at that point. In reality, there are likely to be only a few cases where a newsworthy claimant is subject to a police investigation which results in no charge but becomes known to the media and where he has the money to bring proceedings. In ZXC, the individual did manage to preserve his anonymity; Sir Cliff did not because he was given no opportunity to seek an interim application and had to settle for an (albeit large) award of damages instead.

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The second is that judge-made law of this kind does not allow for a holistic approach. The fault for this lies with successive governments’ fear of antagonising the media by bringing in a privacy law. The tort of Misuse of Private Information now (usually) prohibits the publication of an individual’s identity at the pre-charge stage unless there is a lawful justification for naming him. The same law does not protect an individual’s identity post-charge, whether or not he is subsequently acquitted, even though it must be said to be even more damaging to his reputation for it to be reported that a person had been charged with an offence. And the tort does not protect an individual who is neither arrested nor charged but happens to be named in open court in the course of a trial involving others, although a reporting restriction could be made in some circumstances. Then there is the law of defamation, where the media has been successful in establishing that it can be in the public interest to name individuals who are the subject of police investigations, such as in Flood v Times Newspapers [2012] 2 AC 273, where the Supreme Court held that The Times had acted responsibly in naming the police officer under investigation (whilst not doing so by failing to update its online account to report that no further action had been taken against him). ZXC is a welcome decision but certainly not the final word on this subject.

THE DIVORCE BLAME GAME IS NEARLY OVER

SOPHIE KAY

The Divorce Blame Game is Nearly Over Sophie Kay was Called to the Bar in 2016. Sophie practises in family law at 5 Pump Court Chambers. She specialises in divorce, private children and domestic violence work. She was awarded the Jules Thorn Scholarship and is a member of the Attorney General’s Junior Panel of Counsel.

The Divorce, Dissolution and Separation Act 2020 (‘the Act’) received Royal Assent on Thursday 25 June 2020, having swiftly completed its passage through Parliament. It is remarkable that the Act was fact-tracked through its final parliamentary stages, especially during Covid-19, which exacerbated tension for many couples whose marriages were already strained. It is noted, however, that there was much debate surrounding the Act prior to Parliament’s prorogation, coupled with the 30-year campaign by family lawyers and organisations for no-fault divorce. The Act is long overdue. The Act is not the first legislative attempt to introduce ‘no-fault’ divorce. Divorce law was very nearly reformed by Part II of the Family Law Act 1996, which had allowed for no-fault divorce, provided couples took part in compulsory information meetings. However, this was never implemented and was quickly repealed. In 2013, Lord McNally said the decision to repeal was based on the results of pilot schemes of the information meetings, which showed that the meetings were unworkable, inflexible and not tailored to the parties’ individual circumstances. When implemented, the Act will enable spouses to divorce without having to attribute blame or wait

the minimum two years in a state of limbo as separated spouses, as prescribed by the current law. This is a landmark and welcomed Act, and represents the biggest shift in divorce law in this jurisdiction in over 50 years.

The current law Under the Matrimonial Causes Act (MCA) 1973, in order to divorce couples must be married for at least one year, and must establish one of the five ‘facts’ to support the ground that the marriage has irretrievably broken down: • Adultery; • Unreasonable behaviour; • Desertion; • The couple has lived apart for at least two years and both agree to the divorce (divorce by consent); • The couple has lived apart for at least five years, even if one partner disagrees (divorce without consent). Problems arise when a spouse disputes these facts and resists the divorce. If the divorce is successfully defended under one of the ‘blame’ grounds (adultery, unreasonable behaviour or desertion), the other spouse is trapped in the marriage for five years from separation. Many couples do not have the funds or time for their lives to be paused for

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such a long duration. This is plainly unsatisfactory and unjust. The Supreme Court’s rejection of Tini Owens’ appeal, where her husband refused to agree to the divorce, is an infamous example. At first-instance in Owens v Owens, it was found that the marriage had broken down, but not because of the 27 examples cited by Mrs Owens of unreasonable behaviour, which were deemed flimsy, exaggerated, and isolated incidents. For instance, she alleged that Mr Owens had been moody and argumentative and had disparaged her in front of others. Ultimately, this decision was upheld by the Court of Appeal and the Supreme Court, with Lady Hale stating that she, ‘found this a very troubling case. It is not for us to change the law laid down by Parliament – our role is only to interpret and apply the law that Parliament has given us’. What is troubling is that Mrs Owens had to go to such lengths of citing 27 examples in an attempt to divorce her husband, whom she married in

…the current law results in divorce petitions painting often inaccurate descriptions of why and how a marriage broke down.

Under the new law, spouses will be able to apply for a divorce on the ground that their marriage has irretrievably broken down, without having to establish one of the aforesaid statutory facts in support. The antiquated and absurd right to contest a divorce has been removed. As such, spouses will no longer be able to trap their partner by contesting the divorce, which has allowed domestic abusive spouses to exert further coercive control on their partner. The Act signifies positive reform, and will reduce conflict and costs for divorcing spouses by removing the need to negotiate the basis of the petition and dealing with crosspetitions. It will not allow ‘quickie divorces’, as suggested by some critics. It has introduced a notification system, where the applicant will have to wait a six-month notice period before the divorce is finalised.

1978, but to no avail. What is even more troubling is that these 27 examples did not pass the threshold. What entitled the state to intervene in the personal lives of parties such that they can divorce only when ‘good enough’ reasons are provided, or when they are forced to wait years? Once the decision has been made to end a marriage time is of the essence. It is imperative that a spouse is able to plan for their future, financially and emotionally, and move on with their life. The current law does not facilitate this, unless adultery, unreasonable behaviour or desertion is proven. Upon these facts being alleged, the first roll of the blame-game dice takes place. At this point, things are said or alleged which cannot be taken back, and tensions rise. As such, the discussions surrounding the division of matrimonial assets and the arrangements for children take place against a backdrop of animosity and are often derailed. Automatically, cooperation is reduced whilst confusion

and conflict increase. This is not in the children’s best interests, and further facilitates the use of children as pawns, not to mention the negative impact on spousal mental health. Further, the current law results in divorce petitions painting often inaccurate descriptions of why and how a marriage broke down. What constitutes ‘unreasonable’ behaviour is not clear to many litigants, especially unrepresented litigants. Not only is this contrary to the rule of law (since it is not intelligible, clear nor predictable), but it risks the inflation of allegations, or simply the use of more extreme examples of ‘unreasonable’ behaviour in order to cross the threshold.

The new law The Lord Chancellor and Secretary of State for Justice, Robert Buckland QC, indicated to MPs that the Act will come into force in Autumn 2021. This is to allow time for the details of the rules, court forms and the online portal to be completed.

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Interestingly, both spouses will be able to apply for the divorce jointly, should they wish, which is symbolic in and of itself; it shows that these reforms are designed to make divorce kinder rather than easier. However, arguably, the notice period should begin once the divorce application is received, rather than when it is applied for. This would ensure that each spouse is on an equal footing, especially where the application is not made jointly. A further modernisation is the language. The terms Decree Nisi and Decree Absolute will soon be consigned to history and removed from the statute books; in their place will be ‘conditional order’ and ‘final order’. It is sincerely hoped that the Act will affect lasting change, and will finally bring marriage law into the 21st Century. Canada established no-fault divorce in 1968, with Sweden following in 1973 (the same year as the enactment of the MCA) and Australia in 1975. Family lawyers provide a service to navigate through and reduce conflict for their clients. Unfortunately, the current legal framework in England and Wales is incompatible with this. Thankfully, the end of the intrusive investigative regime and the implementation of no-fault divorce is finally on the horizon.

TALK TO SPOT

RACHEL KRYS

Talk to Spot The online tool to tackle inappropriate behaviour, bullying & harassment at the Bar Rachel Krys has been an equality and human rights campaigner for more than two decades. She was co-Director of the End Violence Against Women Coalition and is Chair of Women for Refugee Women. She has worked with large employers to tackle discrimination and is a consultant on equality and diversity for the Bar Council.

There is no place for bullying, harassment or discrimination at the Bar, but it’s clear the profession is not immune. Perhaps in response to movements like #MeToo and other campaigns highlighting bullying and harassment, there has been an increase in the number of people reporting inappropriate behaviours. But we know this is the tip of the iceberg and many incidents go unreported and unchallenged. This is a serious concern because this sort of behaviour blights careers and creates misery for some of our most talented people. We also know that it is very hard to call out bullying, harassment or discrimination when it happens, not least because the behaviours themselves undermine confidence and are an abuse of power in a profession where reputation and loyalty matter. It can be difficult to challenge harassment when the person doing the harassing is more senior. It can feel impossible to tell the person who you rely on for work that their behaviour is inappropriate or

makes you feel uncomfortable. It can make us feel very alone when we think we’re the only one who it is happening to and we might be overreacting. So, when something happens which does not feel right, or makes us feel uncomfortable or hurts us, it can be hard to know who to tell or what to do. That’s where Talk to Spot comes in Talk to Spot is a completely secure website, designed in the US but adapted for the Bar, to record and report inappropriate behaviour. It allows someone to make a record of exactly what happened, who did it, who saw it, where it happened and when. It is simple to use and when the information has been entered, the platform generates a date stamped contemporaneous record of the incident. No one else will see it. It belongs to the person who created the record. What happens next is up to the individual Once the record has been created, it can simply stay with the individual so that they have all the information in one place – they do not have to

do anything else with it. If they want, they can use the record to support a complaint about the incident. A complaint can go to the relevant chambers, employer, regulator and/ or the Bar Council. In the case of criminal behaviour, the record can be used to help report an incident to the police. If permission is given, the record can be sent directly to the diversity and inclusion team at the Bar Council. This can be done completely anonymously and enables the team to provide additional support and collect information about what is happening where. The point is it is completely up to the individual what they do with the information and how it is used. Building a picture of harassment at the Bar Talk to Spot was launched last year and has been used by people from across the Bar to report incidents of judicial bullying, sexual harassment by other barristers and clients, and the bullying of pupils. On one particularly busy evening in December, the team received three separate reports of inappropriate behaviour. These reports are enabling the team to reach any individual who wants support as well as to build a picture of what is happening where and identify if there are patterns which can be interrupted. Calling out inappropriate behaviour when we see it Talk to Spot can also be used to make third party reports, so if you witness an incident or inappropriate behaviour you can make a record of it. This record can then be reported to the relevant authorities or sent to the team at the Bar Council. Again, these reports can be made anonymously and do not have to go any further. If something happens at the Bar and you want to report it, or just make a record of it on Talk to Spot – www.barcouncil.org.uk/supportfor-barristers/equality-diversity-andinclusion/talk-to-spot. Alongside the Talk to Spot App, the Bar Council provides confidential ethics and harassment helplines, training and support for members and chambers and research and guidance on all aspects of equality and diversity – www.barcouncil.org. uk/support-for-barristers/equalitydiversity-and-inclusion

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BECOMING A BARRISTER

Becoming a Barrister The path to the Bar has always been complex and challenging. In Hilary 2020, an exhibition was mounted in the Inn’s Library - Becoming a Barrister: Overcoming Barriers on the Path to the Bar. This explored some of the challenges faced by aspiring barristers over the centuries, such as religion, ethnicity, finances, social status, disability and educational background – and told the stories of some of the incredible individuals who have overcome these barriers on the path to the Bar. Following the opening of the exhibition, a campaign was launched – Becoming a Barrister: What’s Your Story? – inviting Middle Templars to submit the stories of their own paths to the Bar and beyond, in their own words. Each of these stories has been preserved in the Inn’s Archive for posterity. A handful of these fascinating, unique and illuminating accounts have been reproduced here.

Frank Winslett When I left secondary school in 1965 without any formal qualifications I had no idea that when I retired some 53 years later I would be dual qualified as a solicitor and barrister. I then lived on a South West London Council estate and nearest you came to the law was when the local police drove round. Back in the sixties the legal profession was predominantly white male and public school. So different today, and in my opinion the profession is far the better for it. As an outdoor clerk I would sit behind counsel when it would have been a mortal sin for solicitors not to send someone along. I wondered at those bewigged barristers getting up in front of – dare I say – some disagreeable judges, to put their arguments, not realising some years later it would be me. After realising I could not stay in the profession unless I obtained qualifications, I started out on the road to qualify as a solicitor. I was admitted in 1984. To complete my finals I gave up work although I had 3 children and a mortgage – it was all worthwhile in the end. I always had a good working relationship with members of the Bar and up until 1993 would appear in the Crown Court in a limited capacity. I acquired Higher Rights in 1994 and started to conduct jury trials. I was aware that some members of the Bar then did not welcome HCAs, but that was not my experience. The circle was complete in 2004 when it was time for me to take the plunge and leave my reasonably secure position in a firm of solicitors and be Called to the Bar. My Call night was in March 2004. I was the eldest person being Called that night, at 53, and it was a proud moment for me and my family. My first appearance at Lewes Crown Court as a member of the Bar, I remember so well. Fellow counsel welcomed me, and the judge welcomed me to the Bar in open court. It had been a long road and at times challenging from

outdoor clerk to a member of the Middle Temple. During my time at the Bar I became a pupil supervisor and was approved to train members of my chambers in Direct Access. I judged a number of Mooting competitions, and now in retirement I am involved in the Bar mentoring schemes. I was above average age when I was Called to the Bar, but I still faced many of the challenges that younger aspiring barristers face. Would I get work, could I pay my bills, would I be taken on as a tenant? Would I be looked upon differently, having come from the other side? I did have moments when I wondered if coming to the Bar was the right move, but, looking back, it certainly was, and made even more so by fellow members of the Bar and my chambers.

Darshinee Choytah When I was born, in Mauritius, my parents were in a state of extreme poverty, my working father drawing a meagre salary and my mother a housewife. My mother sometimes did not even have food to feed herself when she was pregnant. I was not even six months old when I was diagnosed with chronic bronchitis, and the doctors were pessimistic about my future. Wheezing, fever and coughs became the routine of my childhood instead of laughter, cooing and the sound of toys. When I was growing up, we were still burdened by financial difficulties; I witnessed my father getting angry at the drop of a pin. Due to the fear of chronic bronchitis, my mother did not allow me to have friends outside, get in contact with dust and eat ice cream like others. I barely had any toys or dolls. I was a lonely and sad child. The turning point was when my mother started buying story books for me to read. I developed a sudden love of looking at the pictures and reading the stories aloud. My mother was determined to send me to school and to teach me. At school, I was still not like the ‘normal’ children. Teachers were cautious around me and I fell sick basically every week. But my mother taught me never to give up, a lesson I have not forgotten. There came a time when my little sister was born, my father got another job and, except for my medical vulnerability, I stopped struggling that much. In Mauritius, the legal profession is still quite a restricted and closed circle where the majority of new entrants are the children of those already practising. I experienced this

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during mini-pupillage when I saw how easily the children of those lawyers were trained and preferred. I came from a non-legal background and was the first person in the family to have chosen law and gone to university; I had to figure it out by myself. I did not have the same academic and practical legal knowledge as other students. I was never advised or guided. I just had to trust myself, keep moving and do my best. I realised quite early that only my dedication, love for law and hard work could get me a place within the profession: I had nothing and no one else to rely on. However, there came a point where I felt my only strengths – dedication, passion for law and hard work – falter: when I failed the Mauritius Law Practitioners’ Vocational Course (equivalent to the BPTC) thrice. Well-off parents and lawyers never opted for their children to study the Bar Course in Mauritius, a system which attracted criticism from practitioners, academics, students and lecturers. Since my father had to cater for the education of both my sister and I, studying the BPTC in the UK could not be my first choice. I had no choice but to study the Bar in Mauritius. After my first failure, I bounced back by working harder, revising more and studying the syllabus in detail. The second and third failures, though, did not have the same taste as the first. I felt as if my life had ended. My whole purpose of life was over. My parents stopped trusting me. I grew suicidal. I had no specific time to sleep or to wake. I stopped feeling hungry. The sun stopped warming me up. I watched everyone go to work with a sense of purpose in their lives. I stopped going out. I was an adult without a job, success, income or sense of purpose. I felt I had failed my parents and was just a burden. Worse, I felt I had failed myself. I started questioning myself and doubting if my reasons for becoming a Barrister were good enough, if my love for advocacy was good enough, and if the profession was for me. Six months to one year into my suicidal pattern, I decided to take psychological help. I was applying for jobs and I wanted to move on in life. Going to a psychologist was the best decision that I could take at that time. I was diagnosed with borderline clinical depression. She helped me find my own identity, one separate from law, and boosted my confidence. At that point, I started living gradually, working and studying for the GDL. With my income, savings, a scholarship and some help from my parents, I went to the UK to do the BPTC. I discovered another me in the UK: a free me, a blooming me, a confident me and a mature me. With the guidance of my tutors, I grew hopeful. I started feeling that I was not a failure. I remember the day I was sitting in Middle Temple Hall and Master Richmond was delivering a lecture.

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His words still resonate in my ears: ‘If you are good enough, you are good enough and let no one tell you otherwise’. Indeed! I passed my BPTC exams at the first attempt with an overall grade of Very Competent. This success remains my proudest yet humblest. Today, pupillage brings its own struggles. Faced with reality, I realise that the legal profession is very maledominated and a closed circle with children perpetuating the legal background of their families. As a woman, my ambition puts many men off. Instead of being proud of me, my relatives warn me that law is not the right profession for a woman. When I speak on domestic violence and mental health issues, people tag me as a ‘radical feminist’. I get confused as to how I will balance family and professional life later, while men do not have to worry. I wonder if my ambition, vision and dreams will get sacrificed in the future. At the same time, I have to work harder to be recognised and to make my mark in this competitive and ruthless profession. Those whose surnames are already known are more relaxed. But, as my pupil master says, ‘Nobody will invite you into the profession. You will have to barge in’. This is exactly what I aim to do as the first Barrister in my family and as an asthmatic middle-class woman: I will open the doors of the profession and barge in, bringing my ambition, dedication, hard work and dreams. One thing I know is that I gave up on myself once. There will never be another time, for my parents, teachers, psychologists, loved ones and my own sake!

Peter Davies I was born and brought up in Bootle near Liverpool, then as now a contestant in the gloomy competition for the place in Britain with the lowest per capita income. My father was a shipping clerk and my mother worked in a biscuit factory. My elder brother joined the police and at the age of twelve I helped him revise for the exam at the end of his training. Our question and answer sessions over the contents of Moriarty’s Police Law was my introduction to the law and I was hooked. I won a free place at a ‘good’ independent school but my school days were undistinguished. My teachers concluded that I was suited neither to university study nor to the law as a career. I went instead to Edge Hill teachers’ training college in Ormskirk, which offered Bachelor of Education degrees validated and awarded by Liverpool University. I graduated in 1973 and won a postgraduate exhibition to

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take a higher degree at Manchester University. In passing, I am proud to point out that I qualified as a teacher at the same institution as a much more distinguished Middle Templar, Helena Normanton, who obtained her Certificate in Education from Edge Hill in 1905. I taught briefly before moving to an educational publishing company, where I had my second exposure to the law in the form of author contracts, acquisition and sale of publishing rights and intellectual property matters. More than ever I knew that this was what I wanted to do; I took a deep breath and enrolled on the Postgraduate Diploma in Law course at City University and proceeded thence to the Inns of Court School of Law. I was Called to the Bar by the Middle Temple in 1982. My aim from the outset was to work as a salaried lawyer, but it was clearly desirable to complete pupillage. I received just one interview invitation. I had paid my way through my studies with occasional work for a management consultancy and for this interview I had to fly back from an assignment in Northern Ireland. My interviewers, who were about my own age, knew about this but did not mention it. Thus, addressing a candidate with three university qualifications, business experience and the Bar finals behind him, their opening question was ‘Why didn’t you put your A level grades on your CV?’ I did not pursue the pupillage route further. I returned instead to the publishing industry, as in-house advisor. I received a telephone call in 1989 asking if I would be interested in joining the Paris-based European HQ staff of a well-known computer software company, as its first attorney outside the United States. The company was Microsoft and I moved to Paris to set up its headquarters legal team in 1990. Soon after I spoke to a French lawyer from another company about how things worked in the legal departments of these high-tech giants. His answer was full of Gallic flair: ‘There are only two lawyers in Europe who understand computer law…. and I am both of them‘. The law had struggled to keep pace with the inventiveness and rapid growth of these companies and it was a challenge to identify suitable candidates. Moreover, legal expertise was not enough as it had to be combined with an ability to deal with the demands and short attention spans of impatient executives.

I have watched with satisfaction as the Inn has done more and more to acknowledge the presence and contribution of employed barristers. Changing career in the 1970s was perhaps easier than today. Nevertheless when I left my publishing job to study law, my father (who had known some years of unemployment) was understandably nervous on my behalf. He did, however, say to me: ‘You’ve had the best education other people’s money can buy. I assume you know what you’re doing’. I did indeed.

Kate McLoughlin I was Called to the Bar by Middle Temple in 1994. I had read English Language and Literature at Oxford as an undergraduate and I chose Middle Temple largely because the first performance of Twelfth Night had been put on there in 1602. (In 2002, I was in the audience for one of the performances of the play put on in the Hall for the 400th anniversary.) I was lucky: my law conversion course and the Vocational Course for the Bar were funded by the Government Legal Service. During the Vocational Course, I lived in the student flat at the top of 3 Temple Gardens, where I used to look up from grappling with the law of evidence to watch the boats go by on the Thames. The nearest place to do my grocery shopping was Tesco’s in Covent Garden. Still sponsored by the Government Legal Service, I did my first six at Fountain Court Chambers whose members were all terrifyingly brilliant and extremely kind to me and my second six at the then Department of Health and Social Security. I was again lucky enough to have stints at the European Commission in Brussels in the Internal Market Directorate-General and at the Conseil d’Etat in Paris where my task was to try to understand the French Social Security system. The Conseiller d’Etat charged with explaining it to me had a go once a week and then I’d try to explain it back to him. ‘Pas exactement,’ he would say, ‘il y a des nuances...’. My last two years as a government lawyer were spent at the Office of the Parliamentary Counsel where, among other things, I worked on what would become the Hunting Act 2004.

I managed Microsoft’s European legal department for five years before joining IBM to work on corporate acquisitions in Europe and subsequently the US. This was fascinating work but I was grateful for the chance to return to Paris as European General Counsel for Apple Computers. Much has been written about the personality of Steve Jobs, whose first words to me on meeting him in Paris were: ‘Why is it so hard to fire people over here?’.

I’d chosen law because it seemed a socially useful way of working with words but I came to realise that my vocation really was for literary scholarship. So in 2001, I returned to Oxford for a DPhil on the war writer Martha Gellhorn. More luck followed: a Junior Research Fellowship at Balliol and permanent jobs at Glasgow and Birkbeck. In 2014, I returned to Oxford again to take up a tutorial fellowship at Harris Manchester College. My own story of changing career is mirrored by many of those I teach.

On retirement I held a visiting fellowship at the Oxford Internet Institute, alongside a fellowship at Green College, and have worked as a consultant and an external expert. I have also recently been appointed non-executive chairman of an exciting start-up company in the field of artificial intelligence.

My literary research to date has focused on war literature: I’ve written three monographs on the subject and edited The Cambridge Companion to War Writing. But, having said all I have to say about representing armed conflict, I’m now writing a literary history of silence. It’s the most absorbing and enjoyable topic I’ve worked on.

As someone who was told to ‘forget the idea’ at the age of 16, I am proud to have made my way in the world as a lawyer. I am proud too of my membership of the Middle Temple.

Any regrets? Never for a moment from this ex-lawyer although, since Brexit and the election of Trump, I’ve sometimes felt that we should all re-train as human rights counsel.

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AUTUMN READING

MASTER USHA KARU

Current Challenges in the

Criminal Justice System Master Usha Karu was Called to the Bar in 1984 and practised in crime. In 1998, she was appointed Assistant Recorder, a Recorder in 2000 and a Circuit Judge in 2005. Between 2014 and 2018 she was the CJ Commissioner, Judicial Appointments Commission. She is Resident Judge of Inner London Crown Court.

Whilst many of the challenges of the past are no longer, there are many that remain and new ones that appear which perhaps nobody foresaw. For women and ethnic minorities the particular challenges we face have been well documented. One particularly example comes from Nemone Lethbrige, who having been Called to the Bar in 1956, recalled that when she secured tenancy she was promptly informed that a Yale lock had been installed on the lavatory in chambers and whilst all the male members of chambers had been given a key, she would have use of the lavatory at one of the coffee houses on Fleet Street. We have come a long way with 2019 being an especially significant year as it marks 100 years of women being admitted to the Bar. It is telling how far we have come since then, that the number of women being Called to the Bar has eclipsed the number of men for the last three years in a row.

...only two female African-Caribbean judges in the Crown Court

...of 670 in post, 31% are women and only 4% are BAME

So, a little bit of history about some of the women who rose to the challenges which restricted access to the legal profession and the Bar, and who paved the way for future generations:

Cornelia Sorabjee Cornelia Sorabjee, an Indian, was the first woman to undertake the postgraduate BCL degree at Somerville College, Oxford, commencing in 1890. She would not receive her degree for another 30 years.

Ivy Williams Ivy Williams was the first woman to be Called to the Bar in 1922. She completed the BCL in 1902 and went on to obtain an LLD in 1903, but was awarded her degrees only in 1920. She became a lecturer in law at Oxford.

Helena Normanton Our own Helena Normanton, who was Called to the Bar a few months after Ivy Williams, was the first woman to practise law in England. And, along with Rose Heilbron, she was the first women to take Silk in 1949.

Mithan Tata Mithan Tata, another Indian woman, was the first woman to be Called to the Bar by Lincoln’s Inn in 1923. She returned to India and was the first woman practising at the Mumbai High Court.

Stella Thomas In 1933 Stella Thomas became the first African woman to be Called to the Bar by Middle Temple. She was a Yoruba Nigerian, of Sierra Leonian descent, and returned to practise in Nigeria.

Dame Elizabeth Lane ...of 33 BAME applicants, 3% were recommended for appointment in 2018

Dame Elizabeth Lane was the first female judge appointed to the county court in 1962 and, three years later in 1965, the first female High Court judge. She is credited with introducing ‘Your Ladyship’ into the legal vocabulary after years of being addressed as ‘My Lord’ in court.

Barbara Calvert Barbara Calvert was the first female head of chambers, the second female Bencher and the first female Reader in 2001. Her Reading was entitled ‘Sex: Does it Matter?’ and she concluded: ‘Yes, in your private lives, but no longer in your professional lives. There is no height a woman cannot scale’. So right she was.

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Since then there have been eight female Readers. I am the ninth and I think I have the dubious honour of being the first BAME Reader. Without these fine women, amongst many others I have not named, showing us what is possible, many of us may never have come to the Bar and achieved so much. In 2005 I became the first female Circuit Judge from the Indian subcontinent. As the saying goes, ‘if I have seen far it is only by standing on the shoulder of giants’, and indeed, even if I wasn’t a mere 5’2”, I would still be surrounded by giants! I came to the UK from India at the age of 17, completed my A Levels and went to North London Polytechnic. I completed the GDL and was Called to the Bar in 1984. At that time, approximately 700 or so home students qualified each year. There were probably just over 5,000 practising barristers in the UK (only 696 females). Diversity statistics are not available for that period but from personal experience I can tell you there were not many BAME barristers, especially females, and certainly not at the Criminal Bar. It was always my intention to practise crime. I thoroughly enjoyed it – every day was different. In those days tenancy was the gold dust that pupillages have now become. At that time female barristers were not permitted to wear trousers as court dress, there was no maternity leave, and women were usually farmed out to do family work; certainly not expected to practise in serious crime. Quite early on I had decided I wanted to become a Circuit Judge sitting in crime and in 2004 (before the JAC came into being) I applied and was successful. In November 2005 I was sworn in as a Circuit Judge. It will be 14 years this November. According to the Bar Standards Board, in 2018 there were just over 16,500 barristers. Women constituted just under 40% and non-white barristers just under 13%. In the last 4 years, the percentage of female pupils has been greater than male pupils – females make up 50.4% and males 49.6%. Not surprisingly, the majority of tenancies have gone to women. Our criminal justice system has evolved through the ages. In the 21st Century it has become the subject of debate. It continues to endure because the innate sense of British

justice rises above such concerns. Renowned and respected worldwide for its fairness and integrity, its flagship, if I may say so, is jury trials portrayed by images of barristers in wigs and gowns. There is much interest from countries as far-flung as Japan and China who are interested in borrowing some of its features. The English qualification is a kitemark of excellence and, not surprisingly, attracts international students.

Master Karu’s Coat of Arms

Current Challenges for the Criminal Justice System Firstly, there is the challenge of simply getting there. Of those who apply to do the Bar course, roughly a third go on to complete it successfully. Each year there are roughly 3,000 applicants for a little over 400 pupillages, yet I am still heartened by every marshal I meet. It may appear that perhaps the age of austerity has resulted in the criminal justice system being governed less by the golden thread of the presumption of innocence that Viscount Sankey referred to in 1935, but more by monetary considerations. Defence barristers feel as though those who hold the purse strings view the golden thread as being more like the Gordian knot, something to cut in the name of efficacy and savings. I do not think this is an accurate statement of the current situation but probably reflects the feeling that the criminal justice system is no longer the Crown jewel that it was. Spending on legal aid has shrunk by more than a billion pounds in five years. In real terms the effect of this is that more defendants represent themselves so there is a greater burden on the prosecution and the judge to ensure the trial remains fair. The trial is likely to take longer with each step in the trial process being

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explained to the defendant. Does this really save money? Of late, there has been a severe reduction in sitting days for Crown Courts which means courts are not sitting to capacity. For several years now all of this has been driving away young lawyers and some of the most experienced practitioners. Less work and lower numbers of practitioners means the talent pool for silks and judicial appointments will shrink. This has a much harsher impact on diversity and those from less advantageous backgrounds; the very sections of society who require support. In the latest Circuit Judge statistics, of 670 in post, 31% are women and only 4% are BAME. That figure of 4% has not changed since 2017. The Judicial Appointments Commission stats show that BAME applicants accounted for 22% of all applicants. 15% were shortlisted and 14% were recommended for appointment. In the 2018 Circuit Judge exercise of 33 BAME applicants, 17 were shortlisted and two were recommended for appointment – 3% . While the figure for women judges has greatly improved, those for BAME judges remains disappointing low. Work is being done to increase the numbers of BAME judges in the courts and tribunals but much more needs to be done, in particular in respect of BAME Circuit Judges who sit in the Crown Court. There are only two female African-Caribbean judges in the Crown Court, no African-Caribbean males at all. Yet there is much cause for optimism, as both the Ministry of Justice and Crown Prosecution Service are in the midst of reviews of the fees structure and the practicalities of the court service. Things must get better; things will get better. The reality is the criminal justice system is fundamental to the legacy of the UK. People come from all over the world to study and practise law here, just as I did. In the last 100 years so much has changed. Who knows what the next 100 will bring. So long as women and men with passion and ability continue to show an interest, with proper care and attention our criminal justice system will remain the jewel in the Crown.

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LENT READING

MASTER CHRISTOPHER GREENWOOD

The Highways, Byways and Blind Alleys of International Law Master Christopher Greenwood, the Lent Reader, is a Judge of the Iran-United States Claims Tribunal. From 1977 to 2009 he taught international law and practised at the Bar, becoming a QC in 1999. He was a Judge of the International Court of Justice from 2009 to 2018. In October 2020 he will become Master of Magdalene College, Cambridge.

At the time that I was Called to the Bar, public international law scarcely seemed a promising field for practice. The clerk in my first chambers told me that it might bring in a case every four or five years but that I was better off focusing on personal injury. The International Court of Justice could scarcely have been described as busy in those years. In 1977-78, it had one case on its books which it did not have jurisdiction to hear. When I became a judge of the International Court 30 years later, my office contained a handsome bound set of the Court’s reports. The volume for 1977 contained only four pages; two pages in English and two pages in French on the same point. The inside cover of the volume stated rather sadly that ‘this volume contains neither an index nor a table of contents’. Underneath, someone had written in pencil ‘nor anything else!’

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attitude of the English courts to international law was transformed within a decade. What had seemed like a blind alley was soon revealed as a major highway and one in which Middle Templars played an important part. To understand why, however, we need to go back some 140 years to the American Civil War and a dispute between the British and American governments over a ship called the Alabama.

The picture in the English courts was hardly more promising. The famous decision in Buttes Gas and Oil v. Hammer led one despairing commentator to observe that the judgement left him with the sinking feeling that ’either international law does not really exist or, if it does, the English courts are incapable of finding out what it is or applying it’. Not long afterwards, a High Court judge, confronted with an argument about international law, quipped that ’English law is law, foreign law is fact, international law is fiction’.

The Alabama was built in Birkenhead in 1862 to the order of agents of the Confederate Government. Ostensibly a merchant ship, she was in fact a commerce raider and the United States Embassy in London demanded that the British Government respect the neutrality it had proclaimed at the outbreak of the war and prevent her from sailing. At this point, everything went wrong. The Foreign Office sought legal advice from the Queen’s Advocate, Sir John Harding QC. On the face of it, this was a sensible step, but unfortunately Harding had become insane and, by the time the Foreign Office had become aware of this problem, the Alabama had sailed. During the next two years she did immense damage to US shipping before she was sunk by a US warship nine miles off Cherbourg in a battle immortalised in a graphic painting by Manet (who had not actually witnessed the battle but painted it from press reports some months later).

In fact, the picture was much brighter than might have been thought. The International Court was on the eve of a remarkable renaissance and the

After the war, the US demanded compensation for what it considered a breach of the international law of neutrality. Some of these demands,

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for the ‘indirect damages’ said to have been caused by the Alabama and her sister ship, the Florida, came to vast sums and relations between the countries deteriorated to the point where there was talk of war. In the end the two governments opted for arbitration before a five-member tribunal, which included a former Swiss Head of State and eminent lawyers from Italy and Brazil. Britain nominated Sir Alexander Cockburn, Chief Justice of the Queen’s Bench and a Treasurer of Middle Temple. In some respects, he was an inspired choice as he was fluent in French and spoke passable German, Italian and Spanish. Unfortunately, he had one of the most unpleasant personalities in London and disliked foreigners. The US choice, Charles Francis Adams, was a far better one; though today he would certainly have been conflicted as he had been the US Ambassador in London during the Civil War and the author of the US demands regarding the Alabama. The arbitration was a spectacular success. The Tribunal found for the USA on the question of damages directly caused by the Alabama but for the UK on the indirect damages. The UK paid the award of $15.5 million at once and a dispute which might have poisoned relations for decades and even imperilled the co-operation which played such an important part in two world wars was brought to an end. Moreover, the example of how two States could settle a dispute through law inspired projects for a standing international court. That court was created in 1922 and again Middle Templars played an important part. The first British Judge of the Permanent Court of International Justice was Viscount Finlay, a former Lord Chancellor and Treasurer of the Inn. Despite being 79 at the time of his election, he managed to serve most of his nine-year term before dying in office.

The Battle of the Kearsarge and the Alabama by Édouard Manet. Copyright – The Yorck Project (2002) Meisterwerke der Malerei, distributed by DIRECTMEDIA Publishing GmbH. ISBN 3936122202

His successor was another Middle Templar, Sir Cecil Hurst. A former Foreign Office Legal Adviser, he became President of the Court but had to preside at a particularly dark time as World War II loomed. In 1946 the Court was reconstituted as the International Court of Justice, though it retained both the premises and many of the working practices of the pre-war Court. Of the seven judges of British nationality, the first four came from Gray’s Inn and there has been only one from each of the other three Inns. As in Finlay’s time,

there is no retirement age, which may explain why, when the Court is in public session, a security guard watches over it holding a defibrillator. The sixties and seventies were a distinctly lean period for the Court with very few cases and defendant States which frequently refused to appear. By 1978 the Court was regularly dismissed as a blind alley. Starting in the eighties, however, there was a remarkable recovery and the Court now has 17 cases pending, involving nearly 30 States. It has played a particularly important role in

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the law of the sea, where its judgements on maritime boundaries have done much to prevent the enlargement of coastal State jurisdiction leading to confrontation. While some of its cases may seem the most obscure of byways; the Isla Portillos, a tiny area of uninhabited swampland at the mouth of the river forming the border between Costa Rica and Nicaragua, has been the subject of four cases in the last nine years, it needs to be remembered that even seemingly trivial disputes can often have a disproportionately

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malign influence on the relations between neighbours. All too often governments find that popular opinion will not allow them to compromise a dispute. In such cases, the availability of impartial and respected third party adjudication is an invaluable safety valve. International law is also regularly applied by arbitration tribunals. These have been used to hear cases between States, as in the days of the Alabama, but have also more recently been used to resolve disputes between individuals or corporations and States, sometimes applying a mixture of international law and domestic law. Arbitrations between States and foreign investors have been particularly prominent. Special mention should be made of the Iran-United States Claims Tribunal. This tribunal, which sits in the Netherlands, is made up of three members appointed by Iran, three by the US and three ‘third country member’ or neutrals. Established as part of the settlement which led to the freeing of the US diplomatic staff held hostage in Iran for nearly 15 months, it has given hundreds of decisions in cases ranging from huge commercial and inter-State claims to claims by US nationals for the seizure of their furniture and personal effects during the Iranian Revolution. In the early years, two of the Iranian appointed arbitrators attempted to strangle a neutral chairman with his necktie in the foyer of the tribunal building. More recently, when the Obama administration settled a large claim by Iran it found that the sum due could not be paid through the banking system because of US sanctions and had to be taken in pallet loads of cash to the Iranian Embassy. Sadly, it has not yet brought about the transformation in relations achieved by the Alabama tribunal, but it is nonetheless a remarkable achievement that it has continued to function for nearly 40 years despite the fact that during that time the two States have never had diplomatic relations. There has been a similar transformation in the role of international law in the English courts. Less than two decades after the House of Lords shied away from considering international law in the Buttes case, it gave the groundbreaking judgement on the potential criminal liability of the former Chilean

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dictator, General Pinochet and the prominence of international law in our courts today was illustrated by the fact that the Supreme Court marked its 10th anniversary by publishing a selection of the judgements which it had given on issues of international law.

…when the Obama Administration settled a large claim by Iran it found that the sum due could not be paid through the banking system because of US sanctions and had to be taken in pallet loads of cash to the Iranian Embassy. I am happy to say, therefore, that international law turned out to be more of a highway than a byway, let alone a blind alley and it has given me a career which has been more interesting and more rewarding than I could have imagined. The question remains, however, whether international law really amounts to anything of substance. Increasingly international law is under attack for being too powerful an intrusion into national life and too weak to resolve the great challenges of our time, the contradiction tends to elude critics who will frequently attack it on both grounds. Neither is well founded. The argument that international law is too great an intrusion into national sovereignty is heard from the political right wing especially in relation to human rights. Yet there is no conflict between the European Convention on Human Rights and British democratic values. The European Convention was largely written by British authors and its values are our values. If in this country we pride ourselves on understanding the balance to be struck between our

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liberties and our security, like all nations we may be less mindful of where to strike the balance between our security and the liberties of others. One of the strengths of the European Court of Human Rights is that it has reminded us of the need to take account of the liberties of everyone. Ironically, the right-wing criticism of the intrusiveness of international human rights law finds an almost exact counterpart in criticism from the left of the effect of international law on foreign investment, which is attacked for limiting the sovereign rights of the State. One wonders whether in their eagerness to undermine parts of international law of which they disapprove, these two groups of critics ever realise the extent to which they hand one another weapons with which to attack the laws they do support. What of the criticism that international law is weak and inadequate, because it can resolve only the smaller problems and not big issues like climate change? The challenges posed by climate change or conflict in the Middle East cannot be solved by law alone. If those challenges are to be met it can only be by political will, which will frequently have to be accompanied by economic strength and scientific innovation. If those can be brought to bear, law may play a useful role in assisting them, but it would be futile to imagine that such problems can be legislated away. Moreover, to say that international law is unworthy of our attention and support because it cannot solve the big problems is to throw out the baby with the bath water. As the Alabama case shows, the resolution of any dispute is an important contribution to reducing dangerous international tension. Let me leave the last word to Judge Guerrero, the last President of the Permanent Court of International Justice. Presiding at the Court’s last hearing in December 1939, he said: In the last resort, recourse to international justice depends on the will of governments and on their readiness to submit for legal decision all which can and should be preserved from the arbitrament of violence. As for the Court, it means to accomplish to the full the duties incumbent upon it, and it will not weaken in that resolve.

That is no blind alley, but a highway worth travelling.

TEMPLE CHURCH CHOIR – SUMMER REVIEW

ROGER SAYER

Temple Church Choir

Summer Review Roger Sayer is Organist and Director of Music at The Temple Church, having previously held the same position at Rochester Cathedral. He is also Deputy Chorus Director and Accompanist to the London Symphony Chorus. He is organ soloist on the soundtrack of the blockbuster film Interstellar and recently performed the score live at the Royal Albert Hall.

I write this at a time of a national crisis and global pandemic. Things could not be stranger for anyone. My colleagues in the music department were thrown into a situation where suddenly the Church was silent. Choristers stranded at various levels of their musical development, adult choir members, like many others, marooned by the cruel and complete loss of earnings with all concerts and tours cancelled within a few days of the lockdown. The music department has three new members of staff; Elisabeth Munns (Music Administrator), Thomas Allery (Assistant Director of Music) and Charles Andrews (Liturgical Organist). With their expertise we can be very proud that we have kept the musical heartbeat going so that, when we return, we can raise the spirits and stir the souls once more. We are absolutely delighted by the choristers’ engagement with us and the support from their parents. We are a strong team and bonded by our love of singing and of the Church. Carefully timetabled sessions via Zoom are happening every day, each week. These include singing lessons from our two

singing teachers, musical theory sessions with Tom and me, and they have at their fingertips a wonderful ‘vocal app’ created solely for them – it is a treasure-trove of daily warmups. In addition to the Zoom sessions, I record and share training videos and rehearsal tracks to our YouTube channel that focus on music to be learnt at home. Excitingly, we are aiming to remotely learn Handel’s Messiah in anticipation of a performance once we return. Other ways in which we are keeping the choristers occupied and their musical interests entertained includes interactive quizzes and setting them musical projects. The boys are currently hard at work on a project about their favourite piece of music, exploring and learning more about the composer and the composition. When the time comes all they have learned over this period will be shared. All the musicians have helped maintain the weekly musical offerings on the Church’s YouTube channel through our selections of pre-recorded CDs and their own home recordings. Perhaps our most remarkable feat to date, has been to create a visual performance of Vaughan Williams’ Five Mystical Songs. Each member of the choir singing in their home along to an organ track, performed by myself. Two weeks of serious work piecing it together has made what I hope will prove to be an historical statement of love, belief and power that transcends all difficulties. It is very busy indeed and the department is working flat out to ensure that the great Temple tradition of outstanding music and liturgy is not damaged at this time, and that we can return bonded and stronger.

Temple Church choir rehearsing My God and King remotely

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TEMPLE CHURCH DURING LOCKDOWN

MASTER ROBIN GRIFFITH-JONES

Temple Church During Lockdown Master Robin Griffith-Jones worked with Mother Theresa’s Sisters in India and with the homeless in London, before returning to university to study theology. After a Curacy in Liverpool, a Chaplaincy at one Oxford College a Lectureship in another, he was appointed Master of the Temple in 1999. He is an Honorary Bencher of both Middle and Inner Temple.

I am writing this at the end of April, in deepest lockdown. The Temple Church is locked and barred. All our services have been cancelled. The Temple is so empty, you could imagine the tumbleweed rolling through Church Court; it is eerie. The Temple Residents’ Association WhatsApp has become a lifeline: bags of scones (complete of course with cream and jam) are furtively carried from building to building and left on the railings to be collected. All of us at the Church can only share the whole nation’s hope that by the time you can read this year’s edition of the Middle Templar the restrictions will have been lifted and life will be beginning its long and painful path back to normality. Meanwhile, we have had Holy Week and the sun is shining. We have more than enough to do; even if we have to make most of it up as we go along. We are (rapidly) mastering Zoom, Skype, StarLeaf and Microsoft Teams; the Church now has its own YouTube channel (wonders are not ready to cease quite yet!) and Soundcloud account. Our musicians saw a vertiginous summer ahead, if the choristers were left unattended and untrained until – well, the autumn term, perhaps. Each chorister is receiving weekly on-line lessons in singing and musicianship. Roger Sayer and his musical team have been creating rehearsal videos for the children. Do not be surprised, when our live services return, if you hear the choristers sing Chilcott’s Be Simple Little Children. (Not such a bad motto for the choristers, in these unsettling weeks.) They will surely remember it for years, as the first anthem they have ever learnt online. We are meanwhile posting virtual services on our website www.templechurch.com and our YouTube channel: from Mothering Sunday through Palm Sunday, Holy Week, Easter and now past St George’s Day and onwards towards the Ascension. Everything is being recorded remotely, of course. Next stop, our annual Easter Carol service. The great Easter stories are easily recorded. Vaughan Williams’ wonderful Five Mystical Songs are altogether more complicated: Roger has recorded the organ part, to be overlaid with the choir, the result to be overlaid again with the soloist – and all with the words relayed in sign-language as well for the deaf. Thank heavens meanwhile for the recent recordings of the choir, and of Roger and his colleagues on the organ. We are ransacking their tracks for seasonal music; and very lovely and fitting it is too. Every year several wedding-couples have a recording made of their service; recent such couples are

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kindly sending us the files, from which we are extracting all the music we can use. Luckily we have left Lent behind, and we can happily scatter I Was Glad, Zadok and Jerusalem like confetti onto our virtual services. If the lockdown goes on too long, we might run out of repertoire; then we will get Roger Sayer playing the soundtrack to Interstellar. A far cry from Bach, but powerful stuff, nonetheless. It has been strangely moving, to record these services on Skype: a handful of the individual voices of our colleagues and friends, all from home and all quietly, domestically spoken. It is calm, conversational and without any pretense of grandeur. It is also deeply reflective and prayerful. To hear the story of Christ’s Passion and of Easter in such intimacy is a rare privilege for us; we hope it will have been a gentle blessing to all those who listened. There is a tradition, not normally observed here, of presenting the tumultuous events of Holy Week in dramatic form, with different speakers taking the different parts. We took up this style of presentation in our Holy Week services. An even further cry from Bach; but incomparably immediate. Unsuspected talents are being revealed. Master Hatcher, Reader of the Temple, became thoroughly (disconcertingly?) convincing in the role of Jesus; Matt the verger, our producer, is surely going to be headhunted by Radio 4. Master Mark Hatcher and I look forward to the Michaelmas Term, and to the opportunity, we hope, to welcome everyone, from new students to senior Benchers, into the Church. The time for celebration, when the pandemic is over, will undoubtedly come. But our hearts go out meanwhile to all those practitioners, and indeed whole sets, that have found their work and livelihood evaporate. What a dreadful summer it has been for far too many of our colleagues and friends. Master Hatcher and I are already sketching out the event or events we can offer to raise funds for the relief on offer from the Inns and the Barristers’ Benevolent Association (BBA) to practitioners in need. Various Benchers and Members have been in touch to ask for our prayers, for themselves and loved ones. Do please be in touch, if you would like us to remember you and them each day; or if you would simply like to talk about these last few months and the months to come. We were once due to leave the EU at the end of March 2019. It seems an age ago: those relentless arguments, those hardening attitudes, that deepening intolerance. Nobody would have wished this year’s pandemic on anyone; but it has, so far, brought the nation together in a shared life and purpose that seemed irrecoverable a year ago. A fortnight before that first Brexit deadline, Master Igor Judge gave an unforgettable address in the Church. He was of courses speaking of a political and not medical crisis, but many of us who heard him speak will have looked back, this year, on his words. We will have wondered what societal progress, profoundly beneficial, might yet emerge from the pandemic. And I for one hope that when you read this,

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preparations will be well in hand for a virtual, or even perhaps an actual, Last Night of the Proms, at which millions of us, united by Zoom, can applaud the NHS, give thanks for a nation reunited, and sing out, swaying from side to side, Land of Hope and Glory. I am grateful to Master Judge for his permission to quote these extracts from his address: In this ancient church we have for centuries addressed the eternal verities. But Brexit is not one of them. Brexit is not an eternal verity. And next September, as we did last September, whatever the outcome, we will mark the end of summer on the last night of the Proms by singing with enormous enthusiasm and fervor, Land of Hope and Glory. At the risk of an allegation of heresy, I have to express my personal opinion that five or ten years from now we shall be engaged with problems at least as pressing as Brexit. Could we also remember that this ancient church has witnessed the consequences of much worse disasters? 100 years ago, the bells celebrated the end of the war in which millions, literally millions, of lives were brought painful, hideous, untimely ends, and millions more around the world were about to be eradicated by pandemic flu. Both were cataclysmic national disasters. And remember too that contemporaneously with those catastrophes something positive happened. That was the year our constitution at last acknowledged that at least some of the half of the human race called women were entitled to participate in the electoral processes. Although we have only slowly appreciated the enormous value to society of the whole of that advance in 1919,

it represented a remarkable and wonderful societal convulsion from which we continue to reap the benefits. I return to hope. Hope tends to sound a little bland. Rather dull. Faith attracts passion. People die horrible deaths for their faiths. Charity, love, also involves passion. Properly understood, hope is no less positive and should be embraced with an equal passion. Come with me to a little church in the heart of Leicestershire. The King, the head of the Church of England, has just been executed. Oliver Cromwell had dispensed with Parliament. A Civil War had ended with massive casualties. Anglicanism was in retreat. Yet in 1653 an Anglican church was founded at Staunton Harold, and this is what you read on the stone inside the church: â&#x20AC;&#x153;In the year 1653 when all things sacred were throughout the nation either demolished or profaned, Sir Robert Shirley, founded this church; whose singular praise it is to have done the best of things in the worst of times and hoped in the most calamitous.â&#x20AC;? Hope is indeed an eternal verity. This inscription is a message for the ages, and for us today.

Master Robin Griffith-Jones: master@templechurch.com Master Mark Hatcher: reader@templechurch.com Church Office number: 020 7353 8559

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VALEDICTORY

MASTER ROBERT CARNWATH

Valedictory The Rt Hon. Lord Carnwath I have been in the law for 50 years and a judge for more than 25. Quite enough for anyone, you may think. But it has been a wonderful career. I am very pleased to see here many people who have played special parts in my legal career; I am sorry I can only mention a few. I am particularly delighted to see Edward Cazalet, who as my pupil master in 1969 really started me off. He was a perfect role model and kind enough to believe that I could perhaps make it at the Bar and beyond. I must also mention George Dobry QC, sadly no longer with us. He took me under his wing when I went into Planning Chambers in 1970 and became my mentor and friend, until his death two years ago. Another early influence was Derry Irvine (not well enough to come today, but I want to send him my best wishes). I first met him as his research assistant at the LSE in 1968 and became a great admirer. I did not know then that he would, in due course, become one of the outstanding Lord Chancellors of our age. I was very lucky to have had his support at every stage and the privilege of working with him. I was very sad to hear that Andrew Leggatt died just two weeks ago. He was the author of the seminal report on the Tribunal System, which led to the reform programme implemented under the 2007 Act. My time as the first Senior President of Tribunals was one of the most rewarding phases of my career. It seems particularly appropriate that Andrew’s son George (Master Leggatt) has been appointed to step into my shoes in the Supreme Court. I also owe a debt of gratitude to Lord Mackay, happily here in robust form. It was he who in 1994, as Lord Chancellor, persuaded me that I had better make the career jump to the judiciary then, before they brought the judicial retirement age down from 75 to 70 the following year. It turned out to be very good advice.

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Most important of course has been the support at every stage of my wife, Bambina. As James Mackay may remember from my swearingin ceremony, she was not over the moon about my becoming a judge. As she put it, ‘she did not want to be married to un Vecchio Parruccone’ – loosely translated ‘an old bigwig’. Well, bigwig or not, she has stuck with me every step of the way. I could not have done any of it without her.

One of the things I shall miss most about the court, apart of course from the people, is my room; one of the best in London, with a splendid view looking across to Parliament and Big Ben, and down on statues of Lincoln, Gandhi and Mandela. I have been fortunate that my eight years in the Supreme Court have coincided with the development of a remarkable new institution and some very high-profile cases. 15 years ago, I was no great fan of the idea of a new Supreme Court, or of the proposal to put it in the Middlesex Guildhall; as Charlie Falconer (also here today) never ceases to remind me. Indeed, in an article in 2004. I described the proposal as an unnecessary and expensive luxury.

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I was quite wrong. Subsequent events have shown it to be a very necessary, probably inevitable development. I also think that the location and the building, after its superb conversion, could hardly be improved on. It is a wonderful building to work in. One of the things I shall miss most about the court, apart of course from the people, is my room; one of the best in London, with a splendid view looking across to Parliament and Big Ben, and down on statues of Lincoln, Gandhi and Mandela. I pay tribute to all those involved in that achievement. I am also lucky to have served under three remarkable Presidents: Nicholas, David, Brenda – each with their own distinctive qualities, which I will not attempt to describe. I have every confidence that you, Robert, will carry on that great tradition. They have been supported by our highly skilled and loyal staff, led by two strong Chief Executives, Jenny Rowe and Mark Ormerod, and our redoubtable Registrar, Louise di Mambro, one of the real powers behind the scene. A special tribute also to my devoted clerks or personal assistants, John and Lorraine at the RCJ, and in this court, Carmen, Isabel, and now Daniel, who as well as his other duties has managed today’s event with skill and great sensitivity. This is not a day for controversy, but before I end I cannot resist a brief comment on recent suggestions that appointments to the court should come under some sort of political scrutiny. Quite apart from the principle, there are serious practical difficulties. You need to know what qualities you are looking for. First, we are not like the American Supreme Court. Very few of our cases have any real political content. Variety is the keynote and one of the main fascinations. Take my first and last cases in this court. They could not be more different, or more esoteric. Eight years ago my first ever case in the Supreme Court was a

carried out an individual assessment of the justices, in attempt to identify Europhiles, most likely it was thought, to ‘thwart the will of the majority on Brexit’. We were graded on a scale of one to five. I, along with Lord Reed, was identified as a five-star Europhile, partly because of our links with various European judicial associations, but more curiously in my case, because I was said to be ‘an acclaimed viola player and lover of European culture’. I certainly plead guilty to the latter. The former is more debatable. Anyway, I am afraid their predictions were not very accurate. Both Robert and I gave dissenting judgments supporting the government’s position. At that point our suspect Euro-credentials were forgotten, and we were hailed by the same paper as Champions of the People. I hate to disappoint readers of that paper, but, believe it or not, I had supported the government, not because I felt myself to be championing the will of the people, but because I thought their arguments were right in law. Just as in the second Miller case, three years later, I voted against the government, because I thought their arguments were wrong.

Privy Council appeal from the Cook Islands in the Pacific. It involved a long-running dispute between two extended Maori families, about traditional property rights. The dispute had been going on for 100 years. I hope our decision helped to heal the rift. Contrast my last case, which we are hearing yesterday and today. It is about business rates, and how they apply to ATM cash machines in supermarkets. Not every one’s cup of tea, but rating happens to have

been a special interest of mine. It is very suitable as my last case not least because all four leading counsel are from my old chambers, Landmark. So how are you going to politically vet for those sort of cases? Perhaps the most important quality you should be looking for is versatility. Secondly, even if you concentrate on the more political cases, it is easy for observers to get things wrong. Take the first Miller/Brexit case. Before the hearing, one well-known newspaper

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Fortunately in the second case there was very little attention to us as individuals. All the focus was on our glamorous President and her brooch. However, I was very proud to be linked to that judgment. Whatever its political effect in this country, which seems to have been limited, I have no doubt that it did much to cement the standing of this court, and more importantly the reputation of this country as a world leader in the promotion and protection of the rule of law. That is one of our most important and precious assets. So, I leave the court with a great sense of pride and gratitude. I hope to spend more time after retirement on what is still the biggest challenge facing us all, that of climate change. But for the rest of the day it is back to rating of ATM machines. Thank you.

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BEHIND THE LENS

CHRIS CHRISTODOULOU

Behind the Lens Chris Christodoulou began his photographic career in 1979 at the Royal Albert Hall where he was the house photographer for 33 years. He specialises in live classical music, opera and show photography. This year he celebrates several important photographic milestones, 40 years of photographing the BBC Proms, 30 years opera production photography at the Royal College of Music and 25 years at Middle Temple.

My first job in the Temple was on a freezing cold night in November 1995. Dr John Birch, the then Temple Church Organist, knew my work from the Royal Albert Hall; I had been the House Photographer there since 1979 and he was curator of the organ. John wanted a picture of the Choir outside the Church for a Christmas card. The shoot was a great success and the start of a long and happy connection with Temple Church, Middle and Inner Temples. I have photographed many royal occasions – including more than 300 in London – but royal visits to Middle Temple, whether official or private, are always special. Over the years I could not fail to notice how much royal visitors enjoy coming to Middle Temple and relaxing in the company of Benchers and members they know so well. HRH The Duke of Cambridge is an enthusiastic and committed Royal Bencher and he plainly loves being part of, and adding to, the history and traditions of the Inn.

Two major challenges immediately presented themselves. The first was that I was entirely at the mercy of the daylight (or rather lack of it); the second was my fear of heights! I had to spend two weeks with a heavy plate camera (and endless other photographic kit) 18 feet above ground up a scaffolding tower. It was amazing to be up close and to be able read details which are simply not visible from ground level. I was left in no doubt as to the exemplary artistic skill and craft of these, the very best, stained-glass window makers. After the success of the stainedglass windows, the next project was to photograph every piece of silver in the Middle Temple collection, being sure to record their

corresponding hallmarks. The game of ‘find the hallmark’ on a piece of 16th Century silver which has been polished for 400 years proved to be as challenging as photographing the silver itself. If you want to photograph silver, it can be summed up in just one-word – ‘reflections’. You need a little reflection to give the image depth and life, but you do not particularly want an image of the photographer and his lights, tripod and camera reflected in the silver you are trying to photograph. After several tests, I built a one metre square cube out of 6mm opaque perspex sheeting with a little hole for my camera lens to poke through and painted white to further minimise any reflections. I was then fully in control of my lighting and the amount of shadows and reflections I wanted to introduce into the shot. The importance of the commission became immediately apparent when Ian Garwood, the Inn’s Director of Estates, handed me the collection schedule with the valuations. It was at that point that I developed

Three royal occasions stand out: the re-dedication in 2013 of the Temple Church organ with HM The Queen and HRH The Duke of Edinburgh; the year-long events in celebration of 800 years of Magna Carta, leading up to the national commemoration at Runnymede in June 2015; and TRH The Duke and Duchess of Cambridge’s private visit to meet the students awarded their Cambridge Scholarships in October 2012. Archival photography is a significant part of my work and my first important archive commission for Middle Temple was to photograph the stained-glass windows in the Hall as full panels and individual crests. They had never before been photographed in their entirety. Each of the 14 windows, and the 16 individual panels which make up each window, had to be recorded.

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Temple Church Choir photographed in 1995

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â&#x20AC;&#x2DC;Window 11 Northâ&#x20AC;&#x2122; in Middle Temple Hall

a routine of devout prayer when handling each piece of silver from the vault to my studio just outside to be photographed. The following year it was the turn of the Molyneux Globes to be my silent sitters. On this occasion, we had the heavy perspex protective shell surrounding the globes removed for the photographs, but not before I had been reminded as to the value and historical importance of these, possibly the two most important globes, and certainly the earliest surviving globes, to be made in England. Lighting had to be simple and minimal as with any globe shape reflections are almost inevitable. In the interests of safety, I had made two small shatterproof glass discs which I placed between my lights and the globes just in case my lights faltered and, yes, the Book of Common Prayer made its second appearance in as many years. The Innâ&#x20AC;&#x2122;s vast and irreplaceable collection of documents, books and manuscripts, to which additions are constantly being made, often require professional recording, so a portable studio is set up in a convenient area and under the direction of staff from the Archive Department, where all the work can be carried out on site and in safety.

Over the years, I have photographed almost everything in the public areas of the Middle Temple. A few years ago, I captured for the archival record, and for a subsequent book, the 719 Armorial Panels (and counting!). The challenge was to date and caption each image. I wrote and read more Latin during this commission than in my entire schooldays. It was fascinating to study the design and painted figures and to try to relate them to the name of the person bearing the arms.

One of the Molyneux Globes

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Photographing the collection of paintings posed similar problems to those of the silver with the added challenge that every painting had to be photographed in-situ. The essential requirement is to be able accurately to reproduce a copy from the image taken without having the need to refer again to the original painting, so a true and accurate colour balance is vital. To attain this, before a painting was photographed, a printed colour bar was placed alongside to provide a constant reference from which to work. The need to work in-situ in a limited space did not allow for the optimum positioning of my lighting and in some cases that caused blooming effects and unsightly fogging, so I used both creative lighting and polarizing filters to eliminate this. The project to photograph every building exterior in Middle Temple took a little more than a year because, although there are only 43, we had to wait for frontages to be clear of building works scaffolding and we were at the mercy of the weather. Most are listed and, looking back at the images, I can easily understand why the Temple is a favourite location for film producers. All I had to do was to remove the colour from an image and the photograph became 100 years old

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when they began to build Hall. These are not just initials and memorials of long-dead craftsmen. The roof trusses were fashioned and checked for fit on the ground, where Fountain Court now is, before being craned up into their final positions. So, a pair is marked ‘Left 1’and ‘Right 1’ to make sure they got it right. Photography requirements at the Temple are endless, ongoing building and progress photography, intimate and more formal dinners. In all of London it is my favourite location for celebrations – I recently had my own birthday party in the Bench Apartments – and a photographer’s dream venue for weddings. Chris involved with some of his earlier work at the Inn

with quite remarkably few, if any, aerials or trappings of the 20th Century in sight. The armour was taken down from the Hall, cleaned and preserved by specialist antique metal conservator, William Hawkes, in 2017. After cleaning and stabilising the collection this was a great opportunity to photograph the armour while it was accessible and in pristine condition. Again, one of the privileges of my job is to meet so many interesting people. It was enlightening working with Bill, whose extensive knowledge

of medieval armour is remarkable. Every ten years or so, the interior of the roof of Hall undergoes a full survey. Each time the scaffolding is put up inside Hall, the Estates Department, knowing my difficulty with heights, always thinks up (to their great hilarity and entertainment) some new element of the wonderful roof beams and the work on them, which needs to be photographed and recorded. Most recently, when I scaled the heights, I concentrated on the carpenters’ marks on the beams, which date back to 1562,

The Hall Roof in scaffolding during the ten year survey

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The Middle Temple is, to me, much more than a historic and prized relic. It is a living and working treasure in the heart of London, just a few metres off the Strand, where thousands pass every day completely unaware of what is inside. My association with the Inn for 25 years has been a wonderful privilege.

Chris Christodoulou Photography Mobile: 07976 157455 Email: chris@photochris.co.uk Website: www.photochris.co.uk

WHAT HAVE THE BAR COUNCIL AND THE INN EVER DONE FOR ME?

What Have the Bar Council and the Inn Ever Done for Me? Master Louise McCullough was Called in 1991 and practises in Crime and Family law, with a special interest in vulnerable witnesses. She is a Senior Advocacy trainer and one of the three Middle Temple Representatives at the Bar Council.

The Bar Council is the profession’s trade union and is separate and distinct from our regulator, the Bar Standards Board (BSB), and although separate entities for the best part of 20 years, are still regularly muddled up by those most directly impacted (i.e. members of the Bar). This confusion is compounded by the fact the Bar Practice Fee funds both organisations (albeit the lion’s share goes to the regulator) and that they are located at the same premises. The Bar Council fulfils its function nationally by battling directly with the Government on issues like Legal Aid, court sitting hours (if indeed they are sitting at all) and internationally by, amongst other things, promoting the rule of law.

MASTER LOUISE MCCULLOUGH

The Bar Council meets approximately six times a year, usually in London, but for the first time ever in 2019 went ‘on tour’ to the enjoy the hospitality of the Wales and Chester Circuit in Cardiff. The Government Law Officers and the Director of Public Prosecutions (DPP) are all invited to attend to face questions. Since the pandemic, all meetings have been held virtually (a welcome development). The Bar Council has over 100 members drawn from all stages of people’s careers, Circuits and Specialist Bar Associations (SBAs), as well as strong representation from the Employed Bar. Each Inn supplies three members as representatives. Each serves a three-year term (renewable once) and is expected to sit on one of the Bar Council’s working groups or committees. The Inn’s Reps are currently Joe Smouha QC, Isabel Hitching QC and me (supported by Master Janice Brennan as alternate). In this role, we are invited to attend the Inn’s Executive Committee (‘ExCo‘) which has sat throughout the pandemic to ensure a more nuanced response to the crisis. Each of the Reps writes a report for ExCo. Following ExCo, a report is then sent to the Chair of the Bar Council (this year the dynamic and tireless Master Amanda Pinto) to report back on the Inn’s response, including: taking all of the student Qualifying Sessions (QS) online since the beginning of lockdown, thereby delivering thousands of hours of sessions of the highest quality; extending the remit of the Inn’s Hardship Fund to cover those not caught by the remit of the Bar Benevolent Association (BBA) fund; and assistance with rent deferrals for tenants of the Inn. This direct flow of information has been invaluable in rebutting the tiresome trope that ‘the Bar Council and the Inn do nothing for me’. Casual vacancies arise on the Bar Council from time to time and I would encourage all those interested in building a successful and resilient profession to become more involved.

WINE

at Middle Temple

A crisp Bordeaux Blanc, a classic Claret, or our indulgent Port – our wines are carefully sourced from the best grapes and made exclusively for the Inn’s members and clients. Available to purchase from our website:

middletemple.org.uk/merchandise

For queries and information please call 020 7427 4800

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THE MIDDLE TEMPLE SURVIVE AND THRIVE PROGRAMME

MICHAEL HARWOOD

The Middle Temple

Survive and Thrive Programme Michael Harwood is a barrister practising in public law and has undertaken several roles as a legal adviser to the government, most recently at HM Treasury. Michael is committed to representing the interests of all the Inn’s junior members, with a particular focus on promoting positive mental health and wellbeing. Michael is a member of the Inn’s Survive & Thrive Steering Group.

During the height of the restrictions imposed on public life this year, the work of the Survive and Thrive working group at the Inn felt more important than ever. Though it was clear that the focus of our attention ought to be on the survive aspect of our remit throughout a time of unprecedented challenge and uncertainty for the profession, we considered it important to also shine a light where the new way of living and working had allowed colleagues to make changes for the better. In this spirit, we hosted a Covid-19 Wellbeing Special for members in June. The two guest speakers for this webinar were Rachel Spearing, co-founder of the ‘Wellbeing at the Bar’ initiative, and Vicki Wilson, its current Chair. The session gave not only the two speakers an opportunity to share their tips and experiences of maintaining wellbeing

Ashley Building Common Room Ian Garwood Ian Garwood is responsible for the Inn’s Estate and portfolio of historic properties, covering all aspects from asset management, building repair, major refurbishment projects and property acquisitions to tenant management. Through a joint arrangement with Inner Temple, Ian is also responsible for maintaining the fabric of Temple Church on behalf of both Inns.

Writing this article in the midst of the Covid-19 pandemic, it is difficult to see what the future will look like as we emerge from the crisis. We have all been forced, like it or not, to rely on technology to stay in touch, with videoconferencing for meetings now becoming the norm. Financial concerns have caused chambers, like all other businesses, to evaluate the use of their accommodation in an effort to reduce unnecessary outlay. These two things alone mean that working practices will change and the need for more flexible working areas, not necessarily within chambers, will increase. The Inn’s project to form a new common room in the Ashley Building includes a floor designed to provide flexible work areas to cater for the expected increase in

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during lockdown, but also opened the floor to all of the attendees to ask questions and share their thoughts, concerns and experiences. Topics covered during the sessions included: maintaining professional ID in lockdown; being ‘Zoomed Out’ and dealing with screen fatigue; anxiety and worry; grief and bereavement; loneliness and isolation; tech stress; financial pressure; and, significantly at that time when restrictions were beginning to be eased, coping with the transition out of lockdown. Some of the tips, such as keeping video calls short and diversifying the modes and purposes of interaction you have with others every day, applied universally, but ultimately it was clear that there are few ‘one size fits all’ solutions, and given how varied our own lives and demands are, to an extent we all have to find ways that work for us. For me, it is making sure I step out of the door and do a walk around the block every morning before returning home and setting down to ‘work’, just to help clear my mind. Significantly, it is important that we do not leave these practices at the door, but take them with us as life begins to return to a semblance of normality. Though the challenges posed by the pandemic have placed a great and unique strain on our mental health, maintaining our wellbeing is a practice we should be undertaking in all times.

demand for these facilities, as chambers adapt to new working practices. Unfortunately the pandemic delayed the start of these works but I am pleased to report that work has now commenced. On the upper level, new French windows will be installed to provide views of the Garden and access onto a terrace area with seating for use in the summer. An existing door will be modified and brought back into use to provide step free access into the new space from Middle Temple Lane. Internally, a combined bar and café area will be provided, together with a mixture of comfortable seating for general relaxation formed around a new central staircase giving access to the lower level. The lower level will provide a mixture of individual workstations, quiet booths and a meeting room, with the ability to hire the latter on an hourly basis. Robust Wi-Fi coverage will be available across both floors. Throughout the design process we have been keen to ensure that the new common room provides smart modern facilities in a warm and welcoming atmosphere that can be used and enjoyed by all members of the Inn. As part of these works, we will also be modifying the main entrance to the Ashley Building to improve circulation around the welcome desk area. This will include the provision of additional WC facilities and improved access to the new common room areas from the lower level of the main staircase. The works programme is due to take several months but we hope that it will be completed in time for the summer term of 2021.

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TEMPLE RESIDENTS‘ ASSOCIATION

MASTER FERGUS RANDOLPH

Temple Residents’ Association Master Fergus Randolph has always been involved in promoting the Bar’s interests in the EU. Having undertaken a stage in the Commission in the late 1980s, he has developed a specialist EU law practice and is a tenant at Brick Court. Together with Master Hugh Mercer, he promoted and developed the idea of the European Circuit.

Those members of Middle Temple fortunate enough to have premises in the Inn are blessed indeed. History hangs lightly, but all-embracingly, on our surroundings. We wake to numerous (not always synchronous) chimes from the various bells in the vicinity. Temple Church is a constant reminder of our past and also our present, with mellifluous music from the world-renowned choir and its top organist. Twilight descends over the various squares and courts, the gates close and peace returns to this special place. The Inn as a home is not just a near-perfect historic jewel, something that has not escaped eagle-eyed film location executives who frequently use the Inn for their productions and, happily for the Inn’s finances, pay well for the privilege. It is a vibrant, living community protected by long established statutes, obliging the Inn to ensure that it is a place for the education and lodging of its members. Accordingly, residential premises are reserved for members of the Inn: students, practitioners and retirees alike. One might think that reserved status would lead to a rather uniform approach to living in the Inn. Nothing could be further from the truth, as is clearly shown for example by the annual summer party held traditionally in the Master’s wonderful garden. Lengthy disquisitions over copious refreshments range far and wide and the law rarely gets a look in.

In carrying out its duties, the TRA engages with all relevant ‘stakeholders’, that is to say, the Inns themselves and their committees, as well as the contiguous London councils and other institutions such as TFL, where their activities (or proposed activities) may or will have an impact on its members. One notable victory, although it would be churlish to claim it wholly as our own, was in relation to the ill-fated Garden Bridge project; once the TRA got its teeth stuck in, no quarter was given and our present Prime Minister had to leave the field, vanquished. We also have to deal extraordinarily frequently with the behaviour of dogs in our stunning gardens; needless to say, it is never a TRA’s member’s dog that comes across our radar (or rather it appears that the attraction of our suggested ‘waste’ composting sites may not be obvious to external pooches). More seriously, the impact of the Pegasus project would have been extremely deleterious to the wellbeing of many of our members in terms of noise, general disturbance and removal of residents’ facilities. Through the good offices of the TRA, Inner Temple and its contractors sensibly put in place mitigating measures for the benefit of the residents. Needless to say, we are monitoring the works closely as they move through their various phases. In addition to our summer party, we hold events through the year and via our website (www.templeresidents.com), we aim to keep our members up to date with all relevant developments. We are in fact so up-to-date that we have been recently holding remote meetings via Zoom. We welcome new members with open arms, particularly if they are willing to serve on our Executive Committee! If you are a resident but not yet a member, please feel free to contact me by email at fergus.randolph@brickcourt.co. uk. As a Middle Templar, I can and will say that the Inn’s esprit de corps, best captured by our toast to Domus, is alive and well in the TRA.

And that brings me, somewhat late on the page, to the Temple Residents’ Association (TRA); the abovementioned summer festivity is not organised by the Inn, but rather by the TRA. It comprises of residents from Middle and Inner Temple, a good example of harmony between them. That composition makes eminent sense given the proximity of the residents and common issues that affect them. Eminent sense and Baroness Elizabeth Butler-Sloss are inextricably linked and it is therefore no surprise that she conceived of the idea to create such an association over 40 years ago. Its aim is straightforward; to represent the interests of residents of both Inns, without fear or favour. Those interests have been tested in recent years, with Inner Temple’s Pegasus project and rent increases being but two examples. Bringing things even more up to date, the present lockdown has presented some of the residents, particularly those retired and/or on their own, with specific problems. The TRA’s community spirit did not disappoint, with younger members offering their services (suitably socially-distanced) to those in need.

The Residents’ Association Millennium Bench

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THE COIC PUPILLAGE MATCHED FUNDED SCHEME

The COIC Pupillage Matched Funded Scheme The Council of the Inns of Court (COIC) welcomes applications for matched funding for 2021-2022 and 2022-2023 pupillages. It is a paradox that, despite the well-publicised difficulties faced by chambers like ours whose work is in the main publicly funded, we continue to receive applications for pupillage from talented and committed candidates. Chambers’ capacity to provide such pupillages has been a matter of real concern against a background of financial uncertainty.

The COIC Pupillage Matched Funded Scheme (PMF) helps provide additional pupillages in Chambers, and other approved training organisations, predominantly engaged in legally aided work. Encouragingly, a growing number of Chambers are applying for COIC matched funded grants. COIC is set to support 34 pupillages in 2020. This is an impressive improvement on the Scheme’s first year of operation in 2014, when it supported 14 pupillages.

In this context, the PMF has been of invaluable assistance since we joined it in 2017 and has allowed us to provide an additional pupillage each year since then. The Scheme is of vital importance to sets like ours and helps ensure that there is a continuing flow of well-trained, conscientious and able barristers to carry out publicly funded work. We are enormously grateful for its existence in unstable and challenging economic times.

How the Scheme works It is a prerequisite of the Scheme that chambers understand that matched funded pupillages are in addition to those they would have offered in any event. COIC match pupillage funding already provided by chambers with a total grant of £9,450 for 2021-2022 London pupillages; £8,050 for 2021-2022 out of London pupillages; £9,550 for 2022-23 London pupillages; £8,150 for 2022-23 out of London pupillages – to fund the first six months of an additional pupillage. Chambers are responsible for ensuring that the total pupillage award meets the Bar Standards Board’s minimum award for the year in question. COIC appreciates that the receipt of grants is all the more important to chambers during the global pandemic and are offering flexibility with the opportunity to defer awards where necessary.

How to apply Applications to match fund 2021-2022 and 2022-2023 pupillages are invited between Tuesday 1 September 2020 and Friday 23 October 2020. Decisions will be communicated during the week commencing Monday 2 November 2020. Online applications can be made at www.coic.org.uk/pupillage-matched-funding To find out more please email Hayley Dawes, COIC Secretary, at hdawes@coic.org.uk

Avi Chaudhuri, Head of the Pupillage Committee, 187 Fleet Street As a small Circuit set, Rowchester Chambers offers legal advice and representation to a wide variety of areas of law. In offering a broad pupillage in civil and criminal law in 2020, chambers have been able to recruit a pupil whose expertise includes aviation law to complement our large Family Immigration, Commercial and Criminal Law practices, amongst others. Chambers has offered pupillages in the past, but this has been infrequent and dependent on chambers’ needs. The PMF allows us to continue to offer pupillages to unique applicants who will bring a varied perspective to both chambers and the Bar. Without this assistance, it would be likely that Chambers would continue to offer pupillages on a sporadic basis, which is not beneficial to the Bar or clients. Pupillage is important for diversity and for the future of the Bar. In the current economic climate and the effects of the pandemic, pupils may become particularly important depending on how many practitioners remain in the profession, as well as the individual success of Rowchester Chambers going forward.

Mrs Justice Lieven, Chair, COIC Pupillage Matched Funding Grants Committee 187 Fleet Street is a well-established London set specialising in criminal law. We have a long tradition of training pupils, many of whom have, on completing their pupillage, been taken on as members of chambers.

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Chris Gibbons, Pupil Supervisor and Paul Willstead, pupil, Rowchester Chambers

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HALL COMMITTEE

KAREN REID

Hall Committee Karen Reid was Called to the Bar in 2010 and practices as a member of 36 Public and Human Rights at The 36 Group. Karen became Chair of Hall Committee in 2020, having been a member of the committee for three years, including Co-Vice Chair in 2019.

Who are we? The Hall Committee represents ordinary members of the Inn – those who are post Call and are not Benchers. This represents the majority of the Inn’s membership and is a diverse group including those who are searching for pupillage; pupils; employed and self-employed practitioners; judges; and those who are pursuing careers outside the Bar. The committee itself has representatives across all of these stages, from different practice areas and across the country.

Adjusting to the Pandemic When I chaired my first Hall Committee meeting in early February, I could not imagine that it would be the last time I would see my committee in person for several months. Like all quarters of the Inn, Hall Committee has had to adapt and find new ways of working. We have started holding our committee meetings online and having achieved 100% attendance by doing so this is something we are likely to continue, at least in part, once lockdown has lifted. It has been disappointing to have to cancel or postpone many of the events which we had planned throughout the year, in particular our Annual Dinner which normally takes place in the middle of May. However, the committee has worked hard to come up with virtual events to enable members of Hall to come together and to provide information and support for our members during this time. Our series of virtual panels covering issues encountered by members of the Bar as a result of the pandemic has been hugely successful. Our first session on virtual courts saw Judges and practitioners share their experiences and advice early on in lockdown when remote hearings were becoming increasingly common in many jurisdictions. The advice matters discussed ranged from cross-examination over video to optimum microphone settings. There was

clear demand for further sessions on the same topic as virtual hearings, and subsequently hybrid hearings, have become more common and practitioners are keen to share their own experiences and concerns. This is something which Hall Committee has been able to facilitate. We have also hosted a session on the financial issues which have arisen, providing practitioners with information on the support which they may be able to access during this time. On the social side, Hall Committee has launched a virtual book club and we were delighted to have Master Peter Murphy lead the first discussion on his book One Law for the Rest of Us. Our second book was Rick Gekoski’s Outside a Dog, which we discussed in June, followed by our third, Girl, Woman, Other by Bernardine Evaristo in July. We also organised a Pub Quiz in early July featuring multiple quiz masters from different sets of chambers across the circuits. Our increased use of technology has not been without its problems; one of my Vice Chairs had to take over moderating one of our panel sessions at the last second when my internet connection decided it did not want to play ball, but overall it has been a success. We are particularly grateful for the support and patience of the Inn’s staff who have worked with us to continue providing services for members during lockdown. One of the advantages of making events virtual is that attendees have been able to squeeze in an Inn event between the end of the working day and dinner. It has also been easier for our members on Circuit to come to our events where otherwise they would have missed out, and we as a committee have been able to draw on the experience of those on circuit as panellists and speakers at events without the need for lengthy commutes. Whilst I am looking forward to seeing everyone back in person again soon, I hope that we remember the opportunities that technology has presented during lockdown and continue to take advantage of these going forward.

Later in the Year We are hopeful that we will be able to welcome members of the Inn back into Hall for our events later in the year. Our Annual Dinner has been rescheduled to Thursday 5 November 2020 and we have our annual ceilidh to celebrate St Andrews day planned for Friday 27 November 2020. If these cannot go ahead, the committee will look for other ways to bring our members together.

Staying in Touch You can contact Hall Committee by email on hallcommittee@middletemple.org, we are always happy to hear feedback on our initiatives and suggestions for how we can support members of the Inn. Alternatively, you can contact me directly on kreid@36public.co.uk. You can also stay up to date with all the latest Hall Committee news and events by following us on Twitter – @MTHallCommittee.

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MIDDLE TEMPLE YOUNG BARRISTERS’ ASSOCIATION

MICHAEL POLAK

Middle Temple Young Barristers’ Association Michael Polak is President of Middle Temple Young Barristers’ Association. He practises in criminal, international, and human rights law at Church Court Chambers. He is also a Director of Justice Abroad. Michael is committed to helping the junior Bar reach their potential as well as promoting the rule of law.

Looking back to what now seems distant history, at the start of my Middle Temple Young Barristers’ Association (MTYBA) presidency in January 2020, I decided to do something which has not be done before and set out my aims for our vibrant and hardworking organisation in a plan of action. Although I was slightly worried that this would either come across as pretentious management speak, or like a small-time dictator’s missive, I decided to press ahead anyway. I was very pleased when I came up with the name for this plan of action: ‘I will call it “2020 Vision”’. I chuckled to myself. But it seems that the joke is now on me as I definitely did not see the pandemic and the subsequent lockdown coming. That plan of action contained three main themes for MTYBA’s activities this year, to run alongside MTYBA’s usual broad range of activities to support those seeking pupillage, barristers during pupillage, and those at the start of their careers. Those themes were: 1. Inspiration, Self-Improvement, and Career Development; 2. Giving back and increasing access; 3. Supporting the Rule of Law and Lawyers Under Pressure.

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Inspiration, Self-Improvement, and Career Development The ‘Inspiration, Self-Improvement, and Career Development’ theme was broken down into four areas. The first part is the Inspirational Speaker Series, for which we currently have events lined up and ready to go for later in the year when this lockdown is over. The first event will be ‘Building a Brand and Standing out from the Crowd’ with Myles Jackman, ‘The Obscenity Lawyer’. The second area of this theme is a Practical Skills Series, teaching essential skills, such as useful computer programmes for barristers. The third part is our Ancillary Legal Areas Series. The aim of this is to enable junior practitioners to develop their practices by learning the legal and procedural structures for areas of law that are ancillary to their main practice areas. In this series we have already had Middle Templar and POCA expert, Colin Witcher, deliver ‘An Idiot’s Guide to POCA’ to a full house in Tasker’s, an event which was very well received. We have also been lucky enough to secure Richard Harry, Chief Executive at Sport Resolutions and former Chief Executive of the Welsh Rugby Players’ Association, to present a two-part series on the

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basics of sports law and a practical session on sports law arbitration. We also hope to run events on the Court of Protection and Inquest law. The fourth area is focusing on increasing the professional networks of our members and involves networking events with a number of different organisations. One such opportunity that we were particularly excited about was an invitation for our Committee and members to attend the Associazione Italiana Giovani Avvocati (AIGA) Annual Conference in Naples in April 2020, with the European Young Bar Association Committee, to maintain European links post-Brexit. Unfortunately, this event had to be cancelled because of Covid-19. We hope to be part of something similar before the end of this year.

Giving Back and Increasing Access This is an area which is very close to my heart and something which I believe would benefit our members and young people who need

Regular Events Supporting the Rule of Law and Lawyers in Under Pressure The third theme covers another area which is close to my heart. It recognises the unique position of UK-based MTYBA members ,as compared to lawyers around the world and even within the Commonwealth, in being able to practise unencumbered by governmental interference and threats from the authorities. It also takes into account our power to speak out in regard to those barristers throughout the Commonwealth who need support in their times of difficulty.

inspiration and guidance. For this, I approached the Renaissance Foundation, a fantastic organisation working with young people from disadvantaged backgrounds in London. We agreed that our members could assist by acting as mentors and coaches for their ‘I Can Do It’ programme. The programme will help young people develop strategies for success by building their confidence and communication skills, with the assistance of their mentor, as well as opening their minds to the possibility of a career at the Bar. Despite not being able to meet face to face, with the hard work of our Diversity and Inclusion Officer, Emma Hughes, we have been able to hold a half day training session which included the participation of the young people online, and have our follow-up meeting with them imminently. When we are able to meet in person, we intend to run sessions at inspiring locations, such as The Royal Courts of Justice, a commercial law firm, and the Guildhall.

The first event on this theme came about when I recently heard the news about the arrest of prominent Hong Kong barrister and ‘father of democracy in Hong Kong’, Martin Lee QC SC. This was especially shocking to me after having had lunch with Martin in January 2020 in Hong Kong. At that meeting he had explained his upcoming constitutional law challenge to the purported effort by the Chinese authorities to disapply Hong Kong’s Basic Law from parts of Hong Kong’s territories, the train terminal in this instance, which if allowed would severely limit the separate legal system provisions of the Sino–British Joint Declaration; it would mean that Hong Kong’s laws can be disapplied at Beijing’s whim anywhere within Hong Kong. For this event, which was held online and was attended by over 100 of our members and those from the Middle Temple Students’ Association (MTSA), Mr Lee spoke on a panel with legislator and barrister, Dennis Kwok, and human rights activist and Hong Kong Watch Director, Benedict Rogers. After presenting fascinating talks on the attacks on the rule of law in Hong Kong, the speakers fielded a range of questions from participants and a lively discussion ensued. Salmaan Hassanally, Treasurer of MTYBA, has gone into more detail in his article inside this edition of The Middle Templar. MTYBA hopes to provide support in rule of law areas to young barristers in the Commonwealth who are facing difficulties because of the political regime they fall under and develop opportunities for our members to assist.

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Our range of regular events have also been adapted and we have been able to hold our ‘Finding Your Feet’ event for those pupils going into their second six months of pupillage, as well as a social online quiz.

Future events Finally, although the lockdown has prevented MTYBA from doing what we enjoy the most, getting together for educational and social gatherings, it has also provided an opportunity to consider new types of events. One of these was the screening of the brilliant film Dark Waters, which tells the story of lawyer Robert Bilott’s 15-year ordeal fighting for those whose health has been severely affected by the actions of a chemical company in America. I was very pleased when Robert agreed to speak after the screening of this film which is a great example of what tenacity and commitment by a lawyer can achieve. You can read all about it in Hayley Blundell’s article. We also plan to hold an online Iftar event with a prominent Muslim speaker, which should be enthralling. I hope that when you read this article, you are comforted by the plans MTYBA has made that Covid-19 has not been able to stop. MTYBA will continue to work for our members. You are automatically a member of MTYBA starting at the date of your Call to the Bar by Middle Temple and continuing through to the later of seven years post-Call or seven years post-pupillage. You can receive our newsletter by connecting with us at mtyba.org. We have been able to run this strong programme because of my hardworking committee: Treasurer, Salman Hassanally; Secretary, Hayley Blundell; Social Secretary, Ellen Crow; Communications Officer, Merlene George; Pre-Pupillage Officer, Aimee Stokes; Pupillage Officer, Jaysen Sharpe; Tenancy Officer, Shaylla Shabir; Advocacy Officer, Louisa Simpson; Diversity and Inclusion Officer, Emma Hughes; Northern Circuit Chair, Emily Landale; and Wales and Chester Circuit Representative, Tabitha Walker. I am of course indebted to my Vice President, Lauren Suding, for her support with these new initiatives and her assistance in keeping everything on track.

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MIDDLE TEMPLE STUDENTS’ ASSOCIATION

CAMILA FERRARO

Middle Temple

Students’ Association Camila Ferraro is this year’s President of the MTSA and is also a Jules Thorn Scholar. She was born in Colombia and raised in Cambridge. Camila is passionate about international criminal law and advocates for minority backgrounds at the Bar. Alongside her studies, Camila works as a Modern Slavery Support Worker at the Medaille Trust.

In October 2019, the Middle Temple Students’ Association (MTSA) launched its first series on International Legal Topics. This followed from our appreciation that many of the students at the Inn came from international backgrounds. The objective was to extend the dialogue beyond the UK by inviting experts on international areas of law to share their knowledge and experience. Our first speaker was Master Bruce Harris, who specialises in maritime arbitration. He spoke about the history of International Arbitration and its importance in the world today. Our second lecture was delivered by Master Christopher Greenwood, previously a judge of the International Court of Justice (ICJ) and currently an arbitrator of the Iran-US Claims Tribunal. He discussed the formation of the ICJ and the mechanics behind its rulings, as well as the role of arbitration in preserving diplomacy between states in conflict. Our third speaker was Master Mark Lyall Grant, the former British Permanent Representative to the UN and also the National Security Advisor under Theresa May and David Cameron. He explored the developments undergone by the UN to uphold international peace and security. Our fourth guest was Master Edwin Cameron, former Justice of the Constitutional Court of South Africa and praised by Nelson Mandela as ’one of South Africa’s new heroes‘. He discussed the birth of prisons in South Africa, alternative ways of addressing inter-personal and social tensions, and the advantages of restorative justice. Our fifth lecture was given by HHJ Joanna Korner CMG QC, the 2020 UK candidate for the International Criminal Court’s (ICC) judicial elections and the former Senior Prosecutor for the International Criminal Tribunal for the former Yugoslavia. Lecturing on advocacy before international criminal tribunals, she described how language affects the dynamics of the trial, especially witness questioning. Our sixth speaker was Master Franklin Berman, who was the Legal Adviser to the Foreign & Commonwealth Office and has served for over 50 years in international law and diplomacy. He focussed on his appointment as an arbitrator between India and Pakistan under the Indus Waters Kishenganga Treaty. Our seventh lecture was delivered by Master Vasanti Selvaratnam, who specialises in international trade and commercial law. She explored the position of English law in relation to international trade. Overall, the feedback we received from our participants was positive and we hope to make this a flagship series for the MTSA.

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The MTSA also launched the Plus2 scheme in January 2020, which provided an official platform to connect barristers and judges with students applying for pupillage. Students received tailored feedback on two pre-drafted pupillage applications over a 40-minute conference call. We provided one-to-one support in an effort to strengthen our student community’s pupillage application submissions. As President of the MTSA, I had the opportunity to represent the student body across the Executive, Hall, Membership, Education, and International Committees. I was involved in discussions ranging from the introduction of the ICCA Bar course to how the Inn may extend its Hardship Fund to students experiencing financial difficulties during Covid-19. This ensured that student opinions were being heard when making these decisions. In celebration of International Women’s Day, the MTSA and MTYBA invited Masters Isobel Plumstead, Jo Delahunty and Elaine Banton, and Rebecca Major, to share their insightful and inspiring accounts of their experiences at the Bar. This was followed by classical performances by soprano Francoise Berdugo and pianist Marco Perez, both scholars at the Royal Academy of Music. Furthermore, we collaborated with Barnaby Bryan, the Inn’s Archivist, who created a display demonstrating the invaluable contribution that women have made to the legal profession. Building on the great achievements of the previous MTSA Committees, this academic year we held a Christmas Social in the Hall and also ran a series of mooting and debating workshops to help students develop their advocacy skills. In collaboration with Master Simon Readhead, this year’s committee continued to work with the Rolls Building Art & Education Trust to help deliver a judicial insight programme to students from minority backgrounds. We also collaborated with MTYBA and organised a Black Lives Matter (BLM) Panel Discussion to encourage a conversation in the legal profession to contribute to the narrative surrounding the BLM movement. Our panellists, Master Elaine Banton, Courtenay Griffiths QC, Allison Munroe QC, Abimbola Johnson, Lola-Rose Avery, Aaron Mayers and Ife Thompson, made profound contributions that facilitated a thoughtful and inspiring discussion. To celebrate Pride, we held a Proud About Pride quiz with the theme of intersectionality. Students tested their knowledge in several rounds to compete for a donation to a designated charity. Thank you to my brilliant Committee for all their hard work. I would also like to extend my gratitude to our speakers and participants, as well as the Inn’s supportive staff who have been tremendously helpful. It has been a privilege to serve as President of this year’s MTSA and I wish the incoming Committee all the very best.

2020 Middle Templar

NEW MASTERS OF THE BENCH 2019-20

New Masters of the Bench 2019-20 These Masters of the Bench were all Called to the Bench between September 2019 and July 2020, 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. During Covid-19, the Inn held it’s first ‘virtual Bench Call’ following a meeting of Parliament on Thursday 9 July 2020. A full list of Masters of the Bench can be viewed on the ‘Members’ section of the Inn’s website. The Right Honourable Richard Wagner, Chief Justice of Canada (Honorary) The 18th and current Chief Justice of Canada. Richard was sworn into office on 18 December 2017. He received his Bachelor of Social Sciences in Political Science from the University of Ottawa in 1978 and his LL.L from the same institution in 1979. Called to the Quebec Bar in 1980, he began practice at the Montreal law firm Lavery de Billy. His practice centred on real estate, commercial litigation and professional liability insurance. He was appointed to the Quebec Superior Court for the District of Montreal in 2004. In 2011, he was elevated to the Court of Appeal of Quebec. In 2012, he was appointed to the Supreme Court of Canada. Sheila R. Block (Honorary) Sheila is a trial and appellate counsel with a broad civil litigation practice. Former Chair of Torys’ Litigation and Dispute Resolution Practice, she has held (and still holds) many roles, including: Chair of the Touching Tiny Lives Foundation; President of the The Harold G. Fox Education Fund; Founder and Trustee of the Foundation for International Arbitration Advocacy, Geneva; former Director of Children’s Aid Foundation, Trillium Foundation; Chair of the Quadrennial Commission on Judicial Compensation (2007-2011). She serves as Conduct Review Advisor for the Canada Pension Plan Investment Board and has taught advocacy in Canada, the United States, England, Scotland, France, Sweden, Switzerland, New Zealand, El Salvador, Rwanda, Sierra Leone, Brazil, India, Hong Kong and Singapore. Sheila was Called to the Ontario Bar in 1974.

Dame Cressida Dick DBE QPM (Honorary) Commissioner of the Metropolitan Police since April 2017, Cressida has 36 years of public service, the majority of which she has spent in policing. She became the first woman to be appointed a Metropolitan Police Assistant Commissioner in 2009. From 2011-14 she was in charge of UK counter terrorism policing, leading operational security and counter terrorist operations for The Queen’s Diamond Jubilee and the London 2012 Olympics. In 2014 she joined the Foreign and Commonwealth Office senior leadership team. Has a Master’s Degree in Criminology from Cambridge. Linda Greenhouse (Honorary) Linda is a lecturer at Yale Law School and a commentator for the New York Times on the United States Supreme Court. She was the newspaper’s daily Supreme Court correspondent for 30 years, and since 2010 has written a regular op-ed column on the Court for the Times’ opinion pages. Her books include The U.S. Supreme Court: A Very Short Introduction, published by Oxford University Press. In extracurricular life, she is president of the American Philosophical Society, the country’s oldest learned society. Kate Davenport QC Admitted to the New Zealand Bar in 1983, Kate was admitted as a solicitor in England & Wales in 1988 and worked for Masons in construction law. On her return to New Zealand she became a barrister. Took Silk in New Zealand in 2013 and was Called to the Bar of England & Wales in 2015. She is a member of Outer Temple Chambers. Awarded the New Zealand Lawyer Barrister of the Year Award in 2013. She practises primarily in civil and commercial litigation. Currently President of the New Zealand Bar Association.

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Her Honour Judge Tina Landale Called to the Bar in 1988, Tina grew up in West Yorkshire. She practised on the Northern Circuit specialising in Crime. Her cases were dominated by those involving vulnerable witnesses and defendants. She is particularly interested in promoting equal opportunities for women. She was appointed a Circuit Judge in 2015. She is married to an artist and has two grown up children.

The Hon Mr Justice Jeremy Johnson Called to the Bar in 1994, Jeremy practised from 5 Essex Court in general common law and public law, often acting in cases involving the police and government departments. He was appointed as a Recorder in 2010, took Silk in 2011, a Deputy High Court Judge in 2016 and a High Court Judge (Queen’s Bench Division) in 2019. The Hon Mr Justice Martin Chamberlain

Professor Fiona Wilcox Fiona is HM Senior Coroner for Inner West London since April 2011. She is an Honorary Clinical Professor, of the William Harvey Research Unit, QMUL. She is dual qualified in law (Called to the Bar in 2008) and medicine (qualified in 1986) and a Fellow and Vice-President of the FFLM.

Called to the Bar in 1997, Martin practised from 2000 at Brick Court Chambers in London, focusing on public law, human rights, EU law and public international law. He took Silk in 2013 and was appointed a Deputy High Court Judge in 2016. He was chair of the Constitutional and Administrative Law Bar Association and was appointed to the High Court in 2019.

Professor Alastair Mullis (Honorary) A graduate of King’s College London and the University of Cambridge, Alastair is a professor in the School of Law at the University of Leeds. He has been Head of the Law School since 2013 and Dean of the Faculty of Social Sciences since 2019. His research interests lie in the fields of tort law, especially defamation and related wrongs, media law and aspects of international commercial law. Professor Laurence Gormley Called to the Bar in 1978, Laurence was the Inn’s first Bristow Scholar. He was Professor of European Law at Groningen from 1990-2019 (now Emeritus) and is a Professor at the College of Europe, Bruges. In 2015-16 he was President of the European Law Faculties Association. Laurence is very fond of Labradors. Richard Booth QC Called to the Bar in 1993, Richard is Head of Chambers at 1 Crown Office Row. He grew up in South Wales before taking degrees in Cambridge and Brussels. He specialises in clinical negligence, professional discipline and sports law, and has sat as a Recorder on the Wales Circuit since 2008. Richard took Silk in 2013. He enjoys live music, theatre and sport, being a keen follower of Welsh rugby.

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Teresa Hay Called to the Bar in 2001, Theresa is an established senior Junior, she is a Grade 4 CPS advocate and highly experienced defence counsel. She is regularly instructed in serious and complex cases. Practice areas include serious general crime, rape and sexual offences, fraud, and conspiracy cases. She also conducts private prosecutions on behalf of regulatory agencies, including the DVSA and MHRA, and has previously acted for private trade mark and copyright holders. Helen Mahy CBE Called to the Bar in 1982, Helen is chair of The Renewables Infrastructure Group, a FTSE 250 investment company, and a nonexecutive director of SSE plc. She is also an Equality and Human Rights Commissioner and cochair of Employers Social Mobility Alliance. She was formerly Group Company Secretary and General Counsel of National Grid plc. She was an elected member of the Bar Council and sat on the Bar General Management Committee.

2020 Middle Templar

Dr Mathilda Twomey

The Rt Hon Mrs Justice Karen Steyn

A Seychellois, Mathilda graduated from the University of Kent with a BA in English and French Law in 1986 and was Called to the Bar of England and Wales in 1987. She practised in Seychelles as a barrister. She later obtained an LLM in Public Law and a PhD in Law from the National University of Ireland. She was a member of the Seychelles Constitutional Commission in 1993 which was charged with drafting the third constitution of Seychelles. She was appointed the first female justice on the Seychelles Court of Appeal in 2011 and the first woman Chief Justice of the Supreme Court of Seychelles in 2015. Sara Hossain Called to the Bar in 1989, Sara has been practicing at the Supreme Court of Bangladesh for over 25 years, and is currently Deputy Head of Chambers at the law firm of Dr Kamal Hossain and Associates, focusing on the areas of constitutional law, public interest law, and family law. She serves pro bono as the Honorary Executive Director of the Bangladesh Legal Aid and Services Trust (BLAST). David Casement QC Called to the Bar in 1991 as an Astbury Scholar, David took Silk in 2008, was appointed a Recorder in 2005 and a Deputy High Court Judge in 2013. In 2013, he co-founded the British Irish Commercial Bar Association which he now Chairs. His practice is in commercial and chancery litigation and arbitration. His appointments include being a Judge of the International Court of Appeal of the Fédération Internationale De L’Automobile. Juliette Levy Called to the Bar in 1992, Juliette specialises in commercial, chancery and telecommunications law. After starting her career in a set now dissolved, followed by 11 years at Selborne Chambers, she set up Cerulean Chambers in 2016. She is a member of the Hall Committee since 2012 and was its vice-chair from 2014-15 and chair from 2016-19. Her work with Hall Committee has been focussed on supporting junior members, ensuring that members unlock the opportunities that participation in Inn life has to offer them.

Called to the Bar in 1995, Karen practised from 11KBW, specialising in public law, human rights, public international law and information law, and took Silk in 2014. She was appointed a High Court Judge (Queen’s Bench Division) in 2019, having served as a Deputy since 2016. She is married to Alex Glassbrook (also a Middle Templar) and they have two sons. Geraldine Peterson Geraldine ws born in Moose Jaw Saskatchewan and educated in Western Canada. Before reading Law at Cambridge (Lucy Cavendish), she worked as an actor/director and in the Fine Art market. Called to the Bar in 1997, she specialises in immigration and asylum law. Teaches on the Middle Temple pupil advocacy programme. Kate Grange QC Called to the Bar in 1998, Kate is from Nottingham and read Law at Cambridge before joining the Bar. She has a broad practice with emphasis on national security, human rights, immigration, tort, commercial and construction. She took Silk in 2017 and is a Lead Counsel to the Grenfell Tower Inquiry. She has a particular interest in equality and is a Bar Council ‘maternity mentor’. Appointed a Deputy High Court Judge in 2019. Guy Perricone (Honorary) After qualifying as a solicitor with Linklaters, Guy worked for 20 years in investment banking at Salomon Brothers, SG Warburg and ABN AMRO. In 2005, he left investment banking to become Managing Director of the Institute of Contemporary Arts in London. From 2009-13, he was Chief Executive of the Associated Board of the Royal Schools of Music. He was Under Treasurer from 2013 to 2020. He was, until 2018, the Chairman and Treasurer of the Council of Christ’s Hospital School. Currently Chairman of the Board of Trustees of the Royal Academy of Dance, a member of the Council of the National Army Museum and a trustee of the Gabrieli Consort & Players.

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NEW STAFF AND LEAVERS

New Staff Katrin Bohland

Gerard McGahon

Katrin joined the Events department in October 2019 as the Events Manager, having worked as the Assistant Events Manager at London Zoo and CH & Co.

Gerard joined the Estates Department as a Surveyor in December 2019, with over 19 years of experience across the commercial, retail and residential sectors.

Jonathan Boyd

Faiso Mohamed

Jonny joined the Education Department as the Education Office Assistant in November 2019. He has since been promoted to the role of Education Services Coordinator. He previous worked as an Online Fulfilment Assistant at Blackwell’s Bookshop.

Faiso joined the Human Resources Department as the HR Officer in August 2019, having previously worked as a HR Coordinator for Memery Crystal LLP.

Bernard Oppong-Kyekyeku Nicola Callander Nicola joined the Events Department as the Events Sales Executive in December 2019, having previously worked as the Meetings & Events Sales Executive at The Royal Horseguards Hotel.

Bernard joined the Inn’s Security team in October 2019, having previously worked as a Security Guard at Show & Event Security.

James Rogerson Alexandra Evans Alex joined the Inn’s Garden team in March 2020, having worked as a Seasonal Gardener at Hampton Court Palace.

James re-joins the Inn as Development Officer, having previously worked as Membership Officer in the Membership Department.

Andrew Stow Fiona Healey-Hutchinson Fiona joined the Development Department as Associate Director of Development in September 2019, having worked as an Independent Consultant for Bankside Open Spaces Trust, SASBAH, Animal Welfare Charity, Charleston Farmhouse and many more. Francis Leeder Francis joined the Membership Department as the Membership Officer in August 2019, having previously worked as an Events & Marketing Coordinator in the Education Service at the Diocese of Westminster.

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Andrew joined the IT Department as the Digital Content Manager in October 2019, having previously worked as the Digital Content Manager at the College of Podiatry.

Francesca Tate Francesca joined the Archive Department as the Projects Archivist in October 2019, having previously worked as a Volunteer Archive Assistant at the Scottish Jewish Archives.

Leavers and Retirements The Inn thanks the following members of staff who have retired or left Middle Temple for all their hard work and wishes them well for the future. Anne Atkinson Head of Catering and Events

Ernest Knight Cleaner

Chloe Bernard Events Sales Executive

Bogdan Neaga Chef de Partie

Siobhan Cawkwell Events Manager

Tamara Obeng Online Communications and Services Manager

Isabel Corr HR Administrator

Mark Taylor Commercial and Operations Director

Nicholas Dinnall Estates Security Officer

Migena Toci Human Resources Officer

Sarah Hankinson Assistant Students Officer

Bill Windsor Head of Facilities

MERCHANDISE at Middle Temple

Luxurious leather-bound notepads, silk scarves and ties or cute Barrister Bears â&#x20AC;&#x201C; Middle Temple has a range of beautiful gifts available to purchase from our website. To view the full collection visit:

middletemple.org.uk/merchandise

For queries and information please call 020 7427 4800

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OBITUARY: MASTER DONALD NICHOLLS

JOHN NICHOLLS QC

Master Donald Nicholls 1933 – 2019

Donald was born on Wednesday 25 January 1933 in Bebington on the Wirral. Early tragedy struck when his mother died when he was aged just six. His father remarried but then spent most of the war years in India, not returning until 1946. In the meantime, Donald at the age of 10 won a scholarship to Birkenhead School. He left school at 16 and then (having been rejected by Lloyds Bank, where his father worked)

joined Lever Brothers in the registrars’ department, embarking upon various courses run by the Chartered Institute of Secretaries. One of the subjects was the elementary law of contract, which was Donald’s first exposure to the law and which instantly fascinated him. National Service then intervened for two years but during that time his parents reconsidered their previous opposition to Donald attending a university, and in September 1953 Donald duly became the first member of his family to do so when he went to Liverpool University to

study law. Unable to afford the substantial premium at that time needed to obtain articles to a solicitor, he decided that, once he had graduated, he would like turn his attention to the Bar. He joined Middle Temple in 1955 with the aid of a Blackstone Entrance Scholarship. However, when he obtained a first class degree, the dean of the law faculty at Liverpool suggested he should seek to further his legal education at Trinity Hall, Cambridge. Donald spent two years at Trinity Hall, studying part II of the Law Tripos and the LLB course, obtaining a starred first in each. It was at Cambridge that Donald first met Jennifer Thomas, a fellow undergraduate reading law and also a student member of the Middle Temple (indeed, he had previously spotted her in Middle Temple Hall while they were each eating their dinners). They were to wed a few years later, and to remain blissfully happily married for almost 60 years. Jenny survives Donald, as do their three children. After Donald’s exceptional academic results, he was offered a law fellowship at Trinity Hall, but he declined this, instead taking Bar finals (obtaining a certificate of honour, working largely from the lecture notes made by Jenny for her own earlier Bar finals) and being Called to the Bar by Middle Temple in November 1958. With the benefit of further scholarships (including a Harmsworth Scholarship from the Inn), he then joined the chambers of Harold Christie at 13 Old Square, Lincoln’s Inn, initially as the pupil of Peter Oliver (later Lord Oliver of Aylmerton) and then as a tenant for the next 25 years. Donald’s practice as a junior was largely Chancery based, and his advice and advocacy were soon in considerable demand. He took Silk in 1974, and his practice became ever broader and more high-profile, both in England and abroad.

Master Nicholls with the Queen Mother in 1997

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Donald was appointed a High Court Judge in the Chancery Division in 1983 and knighted. He heard front page news cases involving Elton John, Terry Venables, and Arthur Scargill and the National Union of Mineworkers. He was, amusingly and aptly, nicknamed ‘the Don’ by his judicial clerks. In 1986, he was elevated to the Court of Appeal, whereupon he became one of Her Majesty’s Privy Council. He was enormously honoured and pleased at that point to be elected an honorary fellow of Trinity Hall, appointed President of Birkenhead School, and awarded an honorary doctorate in law by Liverpool University.

Reynolds, the former Taoiseach of Ireland, against the Sunday Times). Donald also sat as a judge of Hong Kong’s Court of Final Appeal.

In 1991, Donald was appointed Vice-Chancellor, as the head of the Chancery Division was known at that time, and subsequently from 1994 until 2007 a Lord of Appeal in Ordinary. In the latter role, he gave seminal judgments on matters as varied as torture (the extradition of Senator Pinochet), divorce (White v White) and libel (claim by Mr

Throughout his professional career, Donald was an active member of the Middle Temple. He lunched in Hall every day for many years. He became a Master of the Bench in 1981, a Trustee in 1983 and ultimately Treasurer in 1997. He and Jennifer lived during the week in a flat at the top of Devereux Chambers, from where they were able to enjoy

Donald’s manner in court was as in the remainder of his life; modest and even somewhat shy, he was unfailingly calm, patient and courteous. In his judgments, he would always seek to identify the principles at stake and then explain them and their application as simply and succinctly as possible. And at the core of Donald’s thinking in every decision were the words which he chose for his Coat of Arms (and for his 2015 autobiography), Let Equity Prevail.

wonderful views over Fountain Court including of the planted border on the North East side which he had helped to instigate. In his year as Treasurer, Donald was delighted to welcome to dinner in the Inn the Queen Mother as one of its then Royal Benchers; it was Donald who that summer represented the Inn at Westminster Abbey at the funeral of the Inn’s other Royal Bencher, Diana, Princess of Wales, following her tragic death in Paris. In retirement, Donald had more time to pursue his other interests, notably gardening, walking, reading and music. Above all, and as was always the case, he loved spending time with Jennifer, their children and their families, and a particular highlight was a magnificent family weekend at Cliveden to celebrate his 80th birthday. Donald died on Wednesday 25 September 2019 with his family by his side. Details of a memorial service to celebrate his life will be announced in due course.

Leave a Gift in Your Will Your lasting gift will become part of the Middle Temple history, giving students and pupils from all backgrounds the assistance they need to continue their studies. The Inns have been the gatekeepers for the rule of law for centuries and a bequest will keep that heritage alive for generations to come. Any gift, whether small or large, will make a lasting difference to Middle Temple and help students and young barristers about to achieve their potential. Leaving a gift in your Will is a wonderful way to let your passion for justice and the law live on, long into the future. For more information please contact development@middletemple.org.uk Development Department The Honourable Society of the Middle Temple Ashley Building, Middle Temple Lane, London, EC4Y 9BT

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OBITUARY: MASTER PAT EDWARDS

MASTER MARILYNNE MORGAN

Master Pat Edwards 1944 – 2020

Master Pat Edwards, who has died of acute myeloid leukaemia, was a distinguished government lawyer who in retirement was one of the most supportive and hardworking Benchers of this Inn. One of her last visits to the Inn was to attend the opening of the Women in Law exhibition in which she featured. Patricia Anne Edwards was born on Monday 29 May 1944, the daughter of Marion and Maurice Edwards, a marine surveyor. She spent her childhood in Wales until 1958 when the family moved to London. Following a state school education, she read law at King’s College London from 1962 to 1965, the first in her family to attend university. She had no family connections with the law and no one, including Pat herself, knew quite what sparked the aspiration to become a lawyer. After studying for Bar Final exams by correspondence course while working full-time, she was Called to the Bar on Tuesday 18 July 1967; she was awarded the Chrystal Macmillan Prize by Middle Temple for being the woman member with the highest marks in her finals that year. Pat did not do a pupillage in chambers. In those days it was quite common to go straight from Call into employment as a barrister. Pat had worked at the Criminal Appeal Office, which supported judges of the Court of Appeal (Criminal Division), while doing Bar Finals, and stayed there as a qualified lawyer for a further seven years, latterly as Deputy Assistant Registrar. In 1974, she secured a post in the Law Officers’ Department – a highly unusual move which reflected how well Pat was thought of, rather than being recruited directly its legal staff were seconded from the government legal service and at a more senior level. One of the things she did there was to be joint secretary to a public inquiry, another unusual opportunity for a junior lawyer. In 1977 she moved to the Home Office where she was to stay until 1994. There Pat did the more conventional work of a government lawyer, drafting legislation, advising on issues from immigration to dangerous dogs, negotiating international treaties and getting involved in litigation in the ECJ and ECHR. From 1994 to 1996 Pat was Deputy Parliamentary Ombudsman, and in 1996 was appointed to her last post, Legal Director of the Office of Fair Trading, heading a team specialising in competition and consumer protection law. She retired in 2004. Pat became a Bencher in 2003. She was a member of various committees, but particularly the Scholarships and Prizes Sub-committee, which she chaired between 2014 and 2018. Pat was always careful to spend time with students and was a good role model for them. She regularly volunteered for scholarship interviewing and attended moots. In 2014 she took part in the mooting excursion to the University of North Carolina. She was due

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to return last year and was much involved in the planning. She was so looking forward to the trip but sadly was too ill to attend. She made many friends out there, one of whom wrote after her death: ‘There was something about her, something utterly genuine, warm and yet ‘‘flinty’’, that made me admire her from our first meeting’, a description with which all her friends can agree. Pat was Lent Reader in 2017; no one present will forget her Reading on the theme of London’s Burning, given in a Hall lit with red flames, while Pat herself wore a dress appropriately flecked with red and gold. In 1970 Pat married Roger Cox, a member of Gray’s Inn, then practising at the Bar (he later became a Circuit Judge). On becoming Reader, Pat was enthralled by the College of Arms’ suggestion that she could use a punning reference to her married name in her coat of arms, in peacock feathers (‘P Cox’). Pat’s interests were not exclusively at Middle Temple. For years she was involved in organisations and charities in and around Dulwich, where she continued to live after Roger’s death in 2009. In 2018 she was awarded a BEM for her local charity work. It was typical of Pat, who was essentially a very private person, that she never spoke of this. She always enjoyed travelling, in later years often with her mother Marion. Marion died last August, aged 99. Within a few weeks Pat was taken ill with pneumonia and diagnosed with leukaemia; despite weeks of gruelling treatment she died peacefully in hospital on Friday 24 January 2020. A memorial service will take place in Temple Church when circumstances allow.

Master Edwards during the 2013 trip to North Carolina

2020 Middle Templar

OBITUARY: MASTER BERTRAND DE SPEVILLE

MASTER ROBERT SEABROOK

Master Bertrand de Speville 1941 – 2020

Master Bertrand de Speville, who died peacefully at his home in Kew on Sunday 29 March 2020, was born in Durban, South Africa. The de Speville family was well connected in France but with a strong presence in Mauritius, from where both of his parents came. Bertrand’s father, a successful civil engineer, brought his family to live in Salisbury in Southern Rhodesia (now Harare in Zimbabwe), where Bertrand and his three sisters spent their childhood. Bertrand (‘Burd’ as he was known at school, or ’Bertie‘ as he was known to his many friends) was sent to St George’s College, a Jesuit school in Harare, where I met him at the age of 11. He was a popular schoolboy and a champion diver, with a touch of mischief and unfailing good humour. For his friends, it was something of an exotic pleasure to visit the de Speville French speaking home, with different customs, delicious and different food and three lovely sisters. Like many ‘Rhodesians’ at the time, Bertrand came to England in 1960 to read law at UCL. Following his Call to the Bar in 1964, he completed pupillages with both Master John Griffiths and the late Master Patrick Mayhew. He was given tenancy in the chambers of the late Master George Bean (father of Master David Bean) and shared a room with Master Alan Moses at 1 Temple Gardens. They were hard times. The ‘staple diet’ was careless driving briefs for Amery Parkes, then the AA’s solicitors, and two or three guinea brief fees did not go a long way. Master Moses describes how they often went to the cinema together in the afternoons or played a game called ‘leggy’ with a tennis ball in their room. He recalls them working by candlelight during the ‘three-day week’. He adds: ‘He was really too nice and too measured to make a success at the Bar’. He was tough and had a quiet strength and patience and never complained about a lack of work. The only time he was cross was when Master Moses lost their typewriter, on which they typed their draft Particulars of Claim, with carbon paper copies, and which he had left on a train. Bertrand left Chambers and joined the then Customs and Excise. But not for long. Master Griffiths, who was by this time Attorney General in Hong Kong, persuaded Bertrand to join the Government legal service there. He wanted to recruit a number of ‘super poms’. It was in Hong Kong that Bertrand showed his worth and made his mark. In due course he became Solicitor General in 1991, followed by Head of the Hong Kong Independent Commission Against Corruption in 1993, a position which he was widely thought to have held with distinction until ‘hand over’ in 1997. In Hong Kong Bertrand’s formidable sailing talent was recognised and flourished. He had begun his sailing in a small reservoir near Harare. He could anticipate wind

Master de Speville and his wife, Carol

change uncannily and ‘always seemed to be in front’. As a skipper, unusually, he never raised his voice even with an incompetent crew. He captained the British Universities sailing team and sailed with Castaways. In Hong Kong he excelled and became President of the Hong Kong Yachting Association from 1992 to 1995. He managed the Hong Kong Olympic sailing teams for Seoul in 1988 and Atlanta in 1996. At the latter he stole the headlines by scooping Hong Kong’s only gold medal winner in Olympic history, Lee Lai San, off her wind-surfing board as she surfed up to the quay side. He was one of the first two umpires appointed for the America’s Cup for the final between USA and Italy in San Diego in 1992 and he became an Olympic Games juror. It was said that he ‘applied his quick legal mind to resolving rules issues in world sailing’ – not an easy task as anyone who sails will know. After leaving Hong Kong, Bertrand headed an anticorruption consultancy, which took him to 51 different countries, advising governments and institutions. His book, Fighting Corruption: The Essentials was translated into a dozen languages. He believed that ‘policy’ was not the way to fight corruption because the execution of policy was so often entrusted to the corrupt. There has to be a process, independent of government, that protects the anonymity of the complainant. This put him at odds with the World Bank. What was essential was ‘good governance, good citizenship and good process’. In 2012 he was awarded the Gusi Peace Prize to honour contribution to global peace and progress, in Manila in the Philippines, for his anti-corruption work. His election as a Bencher in 2007 gave Bertrand immense pride and joy. Domus was where so many of his legal roots and friends were. Although he maintained a delightful family home in Mauritius, Britain had long ago become his home. He is survived by Carol and their children and families, who will miss him greatly. He was a loving family man and a dear friend.

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OBITUARY: MASTER SIMON KVERNDAL

MICHAEL HOWARD QC

Master Simon Kverndal 1958 – 2020

My dear friend Simon Kverndal QC died, far too young at 62, on Sunday 14 June 2020, peacefully, and surrounded by his immediate family. Many members of Quadrant could have written those awful words; but I have the advantage of having known Simon longer than most. It is often said of people who have lived with long illnesses that they fought them courageously. Simon certainly did that; but he also bore his affliction with discretion and with cheerfulness. Until very recently, he kept the awareness of the illness from which he had been suffering for more than two years from all but a few of his intimates, and even to them he was always upbeat and cheerful. For him, his chemotherapy clinic was a ‘cocktail lounge’. Though in many ways a typical English gentleman (a recurring theme in many of the tributes which have already started to pour in), as his surname suggests he was ultimately of Norwegian stock. His family were part of the shipping industry for several generations, and one branch had come to England and settled here in the 19th Century. But he remained proud of his Norwegian roots. Most summers he went with his family to the lakeside cabin in Norway he shared with his Norwegian cousins. His sons were named Thor and Finn in tribute to their forefathers. The word clubbable might have been invented for Simon. He was a member of Hawks, Queen’s, the MCC, the Garrick and the Worshipful Company of Shipwrights. The first three announce his sporting prowess. He was good enough at racquets to play in the national Amateur Racquets Championship when over 40, good enough at real tennis to play for Cambridge for four years, being captain for two, the latter possibly a unique distinction. The

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Garrick and the Shipwrights were places where he could exercise his enormous talent for friendship, for bonhomie without superficiality, for wide-ranging conversation and for charm at all times. It was a matter of great pride to him that he had become Prime Warden of the Shipwrights this year, and it is sad indeed that he was unable to complete his term of office. He was well-known for his real expertise in matters of wine. He had a blue (technically, a half-blue) for wine-tasting as well as real tennis. He served on the wine committees of the Garrick, the Shipwrights and of the Middle Temple, in essence yet another club, where he was a Bencher. Not many Silks can point to articles in Decanter in their CVs. As it happens, Simon did not mention them in his CV either, because at bottom he was a serious professional. He was a hardworking and popular silk. Having always been a diligent and fluent advocate, he had blossomed in addition into a very effective arbitrator, renowned for his pleasantness and efficiency and, an unusual gift, for getting the right answer. Relatively recently he had started to act as a mediator and his personal qualities were generating a rapidly growing and enthusiastic following.

Simon had, from the outset of his career, been a member of Quadrant Chambers in its successive iterations. About a dozen strong when he joined, Chambers membership is now almost 70. Always approachable, always ready to help or advise, he was much-loved throughout Chambers, not merely by his contemporaries, but from senior Silks to junior juniors and even pupils, as a flood of sorrowful emails and WhatsApp messages attests. For Simon, Quadrant was another club. He put in many hours sitting on other less glamorous committees where he would offer sage advice on the organisation of legal institutions and the clubs of which he was a member. The London Shipping Law Centre and the Lloyd’s Salvage Working party were among those to whom he lent his spare time and commitment. So also, was his local church, to whose doings he was quietly but firmly committed. This was a full life indeed; but it is right to end where I began – with Simon’s family. For all his love of wine, music, friends, sport and conviviality, Simon’s chief interest and concern at all times was his family. No-one who knew him could doubt that the centre of his focus was Sophie, on whom he doted, with his two sons only just behind. Their loss is a shocking one; and so is ours.

Master Kverndal during a game of racquets

2020 Middle Templar

OBITUARY: MASTER DAVID EVANS

MASTER HOWARD GODFREY

Master David Evans 1944 – 2019

David Howard Evans QC died on Saturday 9 November 2019 after an incredibly brave fight against cancer. He was 75. David was Called to the Bar in 1972, took Silk in 1991, and was made a Bencher in 2004. He came to the Bar with three degrees and a career at the Treasury under his belt. Was was born in Rugby on Thursday 27 July 1944, just weeks after D-Day. On leaving school he went to the London School of Economics (LSE), graduating with a BSc in Economics, followed by a Masters specialising in Banking. From LSE he joined the Treasury as an Assistant Economic Adviser, becoming a speech writer for George Brown at the Department for Economic Affairs in the Harold Wilson government. This was a period of economic turmoil, culminating in the great devaluation of 1967. In 1968 David changed course. He left The Treasury and went to Oxford to read law at Wadham College, completing his degree in two years. When at Oxford he met his future wife Anne, marrying in 1973. They were a devoted couple. She survives him together with their two married sons, Oliver and Edward, and five grandchildren. After pupillage with Master Jeremy Connor, David became a tenant at the chambers of William Howard QC at 3 King’s Bench Walk, which merged with the chambers of Master Dan Hollis in 1982 at Queen Elizabeth Building (QEB), subsequently known as ‘Hollis Whiteman Chambers’ when joined by Peter Whiteman QC. David practised at QEB until 2010 when he joined 33 Chancery Lane, the chambers of Andrew Mitchell QC. David thrived at the Bar. He was a born advocate with a commanding presence, and a fine criminal lawyer. He both prosecuted and defended. Before taking Silk, he was appointed by the Attorney General to the list of Supplementary Treasury Counsel and prosecuted ‘heavy’ cases at the Old Bailey. On taking Silk, he still prosecuted for a while but then developed a busy leading defence practice, specialising in complex frauds. He was instructed in many ‘high profile’ fraud cases, too numerous to mention, but perhaps the best known of which was the ‘Blue Arrow’ case, instructed by UBS. His ability to understand, and be prepared to challenge complex financial detail, stood him in good stead. He had an amazing grasp and sense of which parts of the evidence really mattered. He used his powers of advocacy to maximum effect, with great skill, but never at unnecessary length. On the contrary, his advocacy was concise and to the point, leaving no one in doubt that he knew exactly where he was going with his questions. He was a formidable cross examiner, and never feared taking witnesses apart, even ‘expert’ witnesses, when instructed that they were in error. He also had an instinctive feel for what would appeal to the jury,

Master Evans’ chambers at 33 Chancery Lane (Copyright – 33 Chancery Lane)

something that many clever lawyers never grasp. In truth, David was in his element at the Bar. A fine speech maker, always aimed at the jury, he was never pompous and never gave any impression of superiority. When he sat down his client felt that no one could have done better. To those of us privileged to have worked with him in numerous cases, he will perhaps be best remembered as being hysterically funny. He was a gifted mimic with the ability to see the funny side of things. When away from London conducting trials away from home, he was the life and soul of the party, but always looked forward to returning home to his beloved wife Anne and sons, who he adored. In his final year in practice, in 2013, he was engaged in a long fraud trial in Gibraltar when he was suddenly taken ill and had to return to London for major emergency surgery. Prior to that tragic event, he had, in 40 years of practice, never missed a day in court through ill health. Compelled through ill health to retire, and suffering from incurable cancer, he was as brave and uncomplaining as anyone could imagine. Supported by his loving family, he continued to travel when he could, especially to visit his sons who were, by then, living in the USA and Israel. His was a rare breed. It was a privilege to know him and work with him. He is, and will be, sorely missed.

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OBITUARY: MASTER OWEN STABLE

VICTORIA STABLE

Master Owen Stable 1923 – 2019

Dad was born in London in 1923, to Lucie and Owlie, in their flat in Olympia but then, when not away at school, spent his childhood at their home, Plas Llwyn Owen, Llanbrynmair, in mid-Wales. A magical house, still cherished by our cousin James and his family, and where Dad continued to have many holidays all through his life – with all generations of family, black Labradors and springer spaniels – rough shooting, family cricket on the lawn and picnics in the rain. Nothing has really changed, except the cast of characters, and the central heating, over the last hundred years. He had a very happy childhood, the adored youngest of three children, his brother, Philip, and his half-sister Fiona, Granny’s daughter from her first marriage. He went to Horris Hill prep school, and then on to Winchester College. He loved Winchester, blissfully untroubled by the future sporting blues and intellectuals it is famous for, but it must have seeded his lifelong loves of sacred music, cathedrals and, he insisted, brown bread ice cream. Dad joined the Rifle Brigade straight from school, aged 17, one year into the War, but he then contracted severe meningitis, which took him out of any further active service. I am just glad he survived, and was able to follow his very distinguished father, Wintringham, aka Owlie, later a High Court Judge, and Philip, his brother, into a career at the Bar. He was Called to the Bar in 1948 by Middle Temple and joined Mr. Scarman’s Chambers at 2 Crown Office Row. In 1949, Dad was acting as his father’s Marshall when Grandpa was on Circuit. A dinner was given for some dignitaries and Dad’s job was to make sure it all went smoothly, and everyone got fed, including the visiting drivers. One of whom, was sitting outside, in the freezing car with the dogs. Dad was told by one of the guests, a Major Holliday, that his ‘driver was fine, because it was his daughter, and she’d got some sandwiches’. Well, I think you can imagine Dad’s reaction to that?. The driver was duly hauled in to dinner (which she probably hated). That is how Yvonne, our lovely mum, met Dad. After the birth of Emma and I, and once established in Perry Green, Dad threw himself into building up his practice. He worked like a demon, writing up pages of reports, in that immaculate, blue-black handwriting – the anxiety of getting to court and conferences every day on time, with the dodgy trains, must have been a challenge. Dad was once witnessed having been snowed in at Bucklers, being driven to the station, by our dear farming neighbour, John Prior. Dad was standing up on the back of John’s tractor, immaculate in his bowler hat and overcoat, with rolled umbrella and briefcase, looking like a charioteer

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as they chugged off to the station in the snow. Dad and his brother both took Silk in 1963, and Dad was made a Bencher of Middle Temple in 1969. 2 Crown Office Row was such a distinguished set of Chambers, that later became Fountain Court. Dad was enormously proud of the fact that the late, great Lord Bingham, was his pupil in 1959/1960 and he, Dad, was able to watch Tom’s fine career to Master of the Rolls, the Lord Chief Justice and finally the Senior Law Lord. Dad always said, of course, he had taught Tom everything he knew (tongue firmly in cheek). I can’t talk about Dad’s career without mentioning the dreaded Robert Maxwell, who cast such a long shadow. In 1969, Dad was appointed as one of two inspectors to investigate the financial shenanigans behind the sale of Pergamon Press, Robert Maxwell’s publishing company. After three long years, the inspectors reported back that Robert Maxwell was not, in their opinion, fit to run a publicly quoted company. This was brave stuff because Maxwell was a very wealthy, litigious bully and he appealed against this ruling, which fortunately was thrown out. But the City Establishment chose only to remember that Maxwell had appealed, and much to Dad’s despair and chagrin, instead of going to prison for serious fraud, Maxwell got back into business within a few years, ultimately buying up The Mirror Group Newspapers. In 1991, when Maxwell was found drowned in the Atlantic having fallen off his boat, did the depth of his long-term criminality come to light; he had been looting millions of pounds from The Mirror’s Pension Fund to shore up his other companies. Although it did take 20 years, it was a very sweet ‘I told you so’ moment for Dad, as Sky News, ITN and the BBC all traipsed out to Snaresbrook to interview him. Although he believed in fun, he knew that life was serious and precarious, which is probably what made him a good Judge, eventually becoming Senior Presiding Judge at Snaresbrook Crown Court. Dad was very proud of Snaresbrook and loved his time there. According to people who have written to us, he had a profound effect on the staff and the atmosphere, as it seems it was a happy place to work. He loved the HR element to the job. His door was always open, and he liked knowing everyone and taking an interest in what was happening to all of his staff. Dad had immaculate dress sense and always looked terrific. I am sure he was the last man standing to wear spats; Dad would play it down, and say they were just to keep his feet warm. Well, he did have some summer ones as well! So we know he wore them because they were smart (he even mowed the lawn in them). He was always elegant whether in the white dinner jacket, the Panama hats, the seersucker suits, using giant silk handkerchiefs, beautiful Italian silk ties, and always the tie pin. Towards the end of Dad’s life, he was still able to tie his own bow tie, long after he had forgotten where he lived.

2020 Middle Templar

OBITUARY: MASTER VICTOR GLOVER

RASHAD DAUREEAWO SC

Dad was very generous, whether with his time, presents or hospitality. He loved introducing his great nieces and nephews to opera and classical music, taking every opportunity to march them off to the Theatre Hafren in mid-Wales. He was such an optimist. One great niece, Rhiannon, wrote to us this week, saying how when she got her Degree, one would think she had won the Nobel Prize for Science, such was Dad’s enthusiasm. She also said that, as a small child, she thought he was called Great Uncle Owen, because he was just so great. He adored entertaining, with Mum, whether Sunday lunches at home, or dinners and lunches in Boodles; his club he loved so much. I am sure many of you in this Church have probably had one or other of them, and I hope you’ve all tasted one of his memorable White Ladies. In 1995 he retired from Snaresbrook and had to learn how to occupy himself without annoying Mum. Trips back to Plas Llwyn Owen, with his adored black Labradors, and his return to playing the flute occupied his time. In Much Hadham, Elizabeth Abbot was Dad’s patient accompanist, and she remembers fondly the sound of Dad, with bottles

of red wine, clanking up to her door at the Rectory. I have to mention his love of Italy and the wonderful holidays we had. Mum, Emma and me doing the Renaissance, and Dad counting the knives and forks in the Michelin Guide for where we were to have lunch. He used to drive us heroically through France and Switzerland to get there. His only grasp of foreign languages was limited to ordering a gin e tonica and asking for the bill. My thanks to Emma, who gave up her very successful career as a Film Editor in Australia, to come back to Much Hadham years ago, when the ship was beginning to founder – first to help look after Mum and then to give Dad such a happy time at home for as long as possible, helping him do all the things he liked, watching the racing, looking smart, and sitting in the drawing room, with Bertie, and a large gin and tonic. This excerpt was taken from Master Stable’s daughter’s eulogy given at his funeral on Monday 16 December 2019. With kind permission, it has been edited and reproduced for the Middle Templar.

Master Victor Glover 1932 – 2020

On Sunday 2 February 2020, the sad news of Sir Victor Glover was announced. He departed this world painlessly and peacefully. I consider it my privilege to have known him since I joined the Bar, in 1971, and witnessed his ascending judicial career throughout different jurisdictions and positions held. Sir Victor had a brilliant academic record. He read law at Oxford University and was Called to the Bar in 1957. He joined the Attorney General’s Office in 1962, after having practised at the Bar. He served in different capacities, including that of Parliamentary Counsel. He held several posts and became judge of the Supreme Court at the age of 44. In 1982, he became Senior Puisne Judge, before being elevated to Chief Justice in 1988 until his retirement in 1994. In 2010, he was appointed, amongst other responsibilities, as Chairman of the Presidential Commission of the Royal Prerogative of Mercy. Sir Victor was elected a Bencher of the Inn in 1992. The Mauritius Middle Temple Association (MMTA), founded in 2008, was lucky to have Sir Victor Glover as our first Honorary President. He had a rich and accomplished career and he will be remembered by all those who had known him in whatever capacity, as a highly respectable and respected person with a great sense of humanity, humility and simplicity. I remember meeting him at the marketplace; he confided in me: ‘Unless you carry regularly

the “tente bazaar” you will never have the experience of ground reality of common man to dispense effective justice’. It became clear from his judgement that he was more concerned with the principles of fairness and justice in application of the law. Socrates described the attributes of a good judge as: ‘To hear courteously, to answer wisely, to consider soberly and to decide impartially’. Sir Victor held all these qualities. The present generation of judicial officers have in him an excellent role model and a source of inspiration. He never believed that to be effective and efficient one has to be stern and an authoritarian. Sir Victor had ‘les pieds sur terre, la tête sur les èpaules, le coeur rempli d’humanisme’. He will always be remembered for his jurisprudential contribution and his quiet, dignified and passionate commitment for justice. Sir Victor wrote in one of the MMTA’s magazines the following: ‘And why should not our effort bring about a desire by members of the other Inns of Court to follow suit? That can only be for the improvement of fellowship and good relations between all the members of the Mauritius Bar’. He is a great loss to the legal fraternity, the judiciary and the Republic of Mauritius. The MMTA extends to the entire bereaved family our heartfelt sympathies, especially to Gavin and Brian. The huge presence of personalities of all walks of life, gathered at the funeral held at Notre Dame de Lourdes, manifest the love and affection and deep sense of loss. May his soul rest in peace.

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OBITUARY: MASTER ROY MARTIN

MASTER STEPHEN HOCKMAN

Master Roy Martin 1950 – 2019

Members of the Inn, and of his chambers at Six Pump Court, were shocked and saddened to learn of Roy’s passing in August 2019, at the age of 69, after a short illness. He was Called by Middle Temple to the Bar of England and Wales in 1990 and took Silk here in 2008. He had a flat in the Inn where he spent much time in his later years and served the Inn as a member of the Estates Committee. His roots however remained in Scotland, and we are indebted to Lord Stephen Woolman, who sits as a Senator of the College of Justice in the Inner House in Edinburgh, for permission to use the following extracts from his eulogy, delivered at Roy’s memorial service in the Chapel of Loretto School. Although proud of his Paisley upbringing, Roy was not technically a ‘Buddy’. He was born in a nursing home in Sauchiehall Street, Glasgow. He and his younger sister Candy were always close. But annual holidays in the car did not bring out their best. Their father Robert built a wall of luggage on the back seat to avoid strife. Their mother Janet did not believe that her children fought. Holidays played an important role in Roy’s life. In March 1984 he met Fiona, when they were both skiing in Switzerland. He glimpsed her across a crowded bar. He was smitten. Soon he realised that she was the love of his life. Their wedding took place later that year. Rory, Camilla and Phoebe arrived and enriched the texture of life. They bonded over dogs, cars and horses. The children recall familiar scenes. Waiting for a breakdown lorry to tow some exotic car, perhaps the Lagonda, back to the garage. Roy transforming himself into a man of the turf with a keen interest in point to point competitions as well as the occasional flutter. Roy often told affectionate stories about his family. The droller his tone, the more evident was the great bond of love that he felt. He was a devoted husband and father. That was shown clearly at the wedding of Rory and Emily in April of this year. Roy was so happy and proud. After Paisley Grammar and the University, Glasgow (never Glasgow University, according to ‘stickler’ Roy), he was articled to a firm of Edinburgh solicitors, where he stayed on after qualification. He then elected to try a career at the Bar. He devilled to two distinguished lawyers: Arthur Hamilton & Robin McEwan. Roy passed advocate in 1976 (again being a stickler, he insisted that no-one was ever ‘Called’ to the Scots Bar).

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The Faculty of Advocates is an intellectual bourse. Stocks rise and fall. Roy proved to be a ‘blue riband’ share from the outset. Solicitors and clients clamoured for his services. He became the ‘go to’ counsel for important inquiries, such as those concerning the Harris super-quarry, the ICL Stockline explosion, and Edinburgh Trams. He rose early to prepare his cases and brought his considerable intellect to his written and oral work. But his study door was always open. The family could ask for his advice and support at any time. His fellow advocates recognised Roy’s fine qualities. They bestowed on him their highest honour by electing him Dean of Faculty. He served in that office with distinction, as he had previously done as Vice Dean. He championed the interests of every member of Faculty. Why did Roy not become a Senator of the College of Justice? That question has exercised many minds, including his own. My view is that his independence was too precious to him. He prized the buccaneering aspect of his role. That is evident in the ‘Bench and Bar’ painting that hangs in the box corridor of Parliament House. It shows Roy addressing a full bench of judges with undisguised brio. Latterly, he found it highly rewarding to sit as an appeal judge in the Channel Islands. In late June 2019 he issued the leading judgment in a case involving an abstruse point of Jersey trust law. In a concurring opinion, the senior judge of Jersey, the Bailiff, paid tribute to the ‘clarity and insight‘ of Roy’s opinion. Roy had a fine mind, one he kept constantly engaged. Whether it was politics, law, or syntax, Roy had a view. Often, it was a decided view. He would advance it with power and skill. It was therefore best to know his prejudices. But he was always open to counterargument. He enjoyed big and small questions. A discussion on the use of the semi-colon might breeze without friction to Brexit, horseracing, or Blower Bentleys. Roy liked to socialise. He proclaimed himself a boy from Paisley but moved easily in all company. Whether asking for directions in the East End of Glasgow, or lunching at the New Club or the Garrick, he treated everyone the same. It was always fun to be in his company and a lottery win to be placed beside him at lunch or dinner. Like his favourite drink, champagne, he fizzed. But he was man of great integrity. He did not break a confidence entrusted to him. If manners maketh the man, then Roy was a made man. He displayed exquisite courtesy on all occasions.

2020 Middle Templar

OBITUARY: MASTER BRIAN LEARY

CHRISTOPHER PLUMMER

Master Brian Leary 1929 – 2020

Master Brian Leary died peacefully at his home in Mexico City on Saturday 15 February after a three-year struggle with dementia. Brian was a New Year’s Baby, born in Stockwell, London to Mildred and Albert Leary. Albert was a prosperous osteopath while Mildred worked for the Palmer Tyre Company until devoting herself to home and children fulltime. The family lived in Beckenham and took holidays at their house in Bognor Regis. Brian attended the King’s School, Canterbury. During the war, the school was evacuated to the Carlyon Bay Hotel in Cornwall where he said he much enjoyed himself. A gifted student academically, Brian won a scholarship and was captain of the Colts, until his lifelong asthma curtailed his sporting activities. After school, Brian served in the Army in Greece as the 1st Officer of the British commanding General’s boat, which he used after the war to move around the country. It was most likely this experience that resulted in his lifelong passion for all things nautical. After his military service, Brian took a break and barnstormed around the country as the announcer at motor races, but went to Wadham College, Oxford as a Harmsworth Scholar, where he earned his MA. At the suggestion of his friend, John Matthews, Brian joined the Middle Temple in January 1950 and was Called to the Bar in 1953, practising criminal law at the Chambers of John Matthews at 5 Paper Buildings throughout his career. In October 1964, Brian was appointed to the Treasury Counsel as Fourth Junior Prosecuting Counsel to the Crown at the Old Bailey. By May 1971, he was appointed Fifth Senior Prosecuting Counsel. A hard worker, Brian read his briefs in the early morning hours before driving up to London, and usually withdrew to his study after lunch on Sundays to prepare for the week ahead. It was during his years at the Treasury Counsel that Brian’s most high-profile cases were prosecuted, including The Trials of Oz pornography case, in which Brian secured a conviction, opposed by his long-time friend, barrister and playwright, John Mortimer. Notwithstanding the conviction, subsequently overturned on appeal, the defendants appreciated Brian’s’ treatment of them, and we received a Christmas card every year from one of them, Felix Dennis, who went on to become one the richest men in the UK. Brian’s style at the Bar was professional and detached, but as a man he was kind and extremely charming. As Treasury Counsel Brian prosecuted the last capital case in Bermuda. Brian took Silk in 1978 and travelled the South Eastern Circuit, though his cases took him far and wide, including Hong Kong and Gibraltar.

In 1964, while at an International Bar Association conference, Brian met the daughter of Kenneth Bannister CBE, a prominent member of the British business community in Mexico. Brian and Myriam were married in April 1965 and in May that year my mother and I (as his stepson), with the cocker spaniel, travelled to London. Brian was a dedicated husband and father, and he moved us to The Old Rectory in Ightham, Kent in April 1967. The beautiful Georgian rectory had large grounds and Brian and Myriam set up a nursery selling herbs, including sending them all over the country by mail order. Brian rarely missed the skiing season, wintering in Verbier and St Moritz, but his great passion was yachting, and as his retirement approached Brian bought a 67ft schooner, which had earlier been seized by Her Majesty’s Customs and Excise. Brian spent many happy seasons sailing the Caribbean on the TS Robert Gordon. Upon retirement, Brian and Myriam moved to Myriam’s beautiful properties in Mexico City and Acapulco and enjoyed a pleasant retirement. Brian was active in the British Community and worked at the British charitable organisation in Mexico, ’Amistad’ (meaning friendship), devoting himself to helping the education of less advantaged children. At least one pupil sponsored by Amistad has since risen to ministerial level in the Mexican government. During his retirement, Brian learnt Spanish, joined the International Association for Arbitration, and represented various American industrial companies in Mexico. Brian loved to spend time at the family beach house in Acapulco, swimming, and windsurfing, and in Mexico City never missed social events at the British Embassy. A lifelong humanitarian and vegetarian, and an exceptionally witty, charming, and intelligent man, Brian was also exceedingly kind and loving. He is missed by Myriam, his stepson Christopher, a grandchild Julia and by his sister, Maureen Perrins, mother of Brian’s nephew and niece, and his goddaughter, Anna Greenacre.

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OBITUARY: MASTER EDWARD ZACCA

Master Edward Zacca 1931 – 2019

Sir Edward Zacca, the former President of the Court of Appeal of Jamaica, passed away on Sunday 10 November 2019. Sir Edward, a Jamaican, served on the Bermuda Court of Appeal for 18 years until his retirement in 2014, passed away at home after a short illness. He was 88. He was appointed a Justice of Appeal of the Court of Appeal for Bermuda in 1996 and served as President from January 2004 to the end of 2014. He was involved in at least 180 reported judgments during that time. Larry Mussenden, the Director of the Department of Public Prosecutions, noted Sir Edward’s extensive service in leading judiciary roles in Bermuda and across the Caribbean. Mr Mussenden said he was able to learn from Sir Edward’s vast experience while he served as a defence lawyer. He said: Sir Edward was able to recognise who the parties were that were appearing in front of him. He was able to relate to the average person and figure out exactly what was going on. This meant he could get right to the heart of the case as he made his decisions. We could all learn from the way he committed himself to his cases and understood the law, and his experience over many years of analysing cases and making good judgments.

Mr Mussenden offered condolences on behalf of the Department of Public Prosecutions Office to Sir Edward’s family. He added: ’We are very grateful for his contribution to the judiciary’. Sir Edward was born in St Andrew, Jamaica, in July 1931.

He was educated at Kingston College and Called to the Bar by Middle Temple in February 1954. After a spell in private practice in Jamaica, he was appointed as Clerk of Courts in 1958. Two years later, he was appointed Resident Magistrate, and eight years after that, he became a Puisne Judge before his appointment as Judge of Appeal in 1975. Sir Edward became Chief Justice of Jamaica in July 1985, and six years later he was made Acting Governor-General. In 1992, he was appointed to the Privy Council. More recently, he served in the Courts of Appeal in the Turks and Caicos Islands, the Cayman Islands and the Bahamas. He was knighted in the 2015 Queen’s Birthday Honours for his service to the Overseas Territories. The Gleaner in Jamaica reported that a minute of silence was observed in Sir Edward’s honour on the day of his passing at the Court of Appeal and the Supreme Court. Paula Llewellyn, the Director of Public Prosecutions in Jamaica, told The Gleaner: I’m almost speechless. He was such a pleasant, urbane and courteous individual who was committed to service throughout the region. He will be remembered as one of the great judicial officers.

Outside the courtroom, Sir Edward’s interests in his younger years included tennis, swimming, and gardening. He is survived by his wife, Hope Margaret, and his children, Christopher, Edward Jr and Karen. Reproduced and edited with permission of The Royal Gazette

In Memoriam The Inn is sad to announce the passing of the following members in the past year.

Masters of the Bench

Members

Roy Martin Esq QC

His Honour Sir Clive Callman

The Rt Hon the Lord Nicholls of Birkenhead

Daniel Alexander Rahnavard Esq

The Rt Hon Edward Zacca KCMG OJ PC

Paul Stephenson Esq

David Evans Esq QC

John Collins Esq

His Honour Owen Stable QC

Ms Caroline Fraser

Ms Pat Edwards

John Lee Esq

Sir Victor Glover GOSK

Matthew Seligman Esq

Brian Leary Esq QC

The Hon Mr Justice Adolphus Godwin Karibi-Whyte

Bertrand de Speville Esq

Miss Renata Jurenko

Simon Kverndal Esq QC

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TEMPLE CHURCH DIARY

Temple Church Special Services, through to Easter 2021 We expect to be streaming all these services on our YouTube channel*. Arrangements for ‘live’ congregations in Church will be subject to the Government’s instructions and guidelines.

2020

2021

October

January

Thursday 1 October, 17:45 Special Choral Evensong for the Start of the Legal Year

Wednesday 6 January, 17:45 Epiphany Carol Service

Sunday 4 October, 11:15 First Choral Mattins of the Legal Year

Sunday 10 January, 11:15 Choral Mattins: First Choral Service of Term

Wednesday 28 October, 17:45 Choral Evensong: For All Souls’ and All Saints’ Days

Wednesday 13 January, 17:45 Choral Evensong: Followed by Treasurer’s Reception for Benchers

November

Wednesday 27 January, 17:45 Choral Evensong: Candlemas

Sunday 8 November, 10:50 Choral Communion: Remembrance Sunday Wednesday 11 November, 17:45 Choral Evensong: 100th Anniversary of the laying to rest of the Unknown Warrior

February Wednesday 17 February, 17:45 Choral Evensong: Ash Wednesday

December

March

Wednesday 2 December, 18:00 Advent Carol Service

Sunday 28 March, 11:15 Choral Mattins: Palm Sunday

Sunday 13 December, 11:15 Temple Church Carol Service, followed (in a normal year) by Christmas Lunch

April

Wednesday 16 December, 18:00 Temple Church Carol Service (Repeat of 13 December) Thursday 24 December, 11:15 Choral Communion: Christmas Eve Friday 25 December, 11:15 Choral Mattins: Christmas Day

Thursday 1 April, 13:15 Choral Communion: Maundy Thursday Friday 2 April, 11:15 Choral Mattins: Good Friday Saturday 3 April, 20:00 Easter Vigil: Holy Saturday Sunday 4 April, 11:15 Choral Communion: Easter Sunday Sunday 18 April, 11:15 Easter Carol Service

*Temple Church YouTube channel – youtube.com/channel/UCKhpEEGN5N4hclynXPKwI6w

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Issue 60 Michaelmas 2020

/ Yearbooks / Chambers Brochures & Presentation folders

2020

WEDDINGS AT TEMPLE CHURCH

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

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2020 Middle Templar

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MIDDLE TEMPLE CALENDAR – 2020-21

Middle Temple Calendar 2020-21 Please note that ALL dates below are subject to change because of the Covid-19 pandemic. The Education Department will be publishing a full calendar of Qualifying Sessions on the website. Events will be run remotely where possible. If events are run on-site, they may be subject to reduced capacities.

2020

November

December

September

Wednesday 4 November MTYBA Advocacy Competition (Round Three)

Tuesday 1 December Bench Call

Thursday 24 September Ways of Working in a post Covid-19 World (collaborative virtual event with The Malaysian Middle Temple Alumni – TMMTA)

October Monday 5 October Treasurer’s Lecture Wednesday 7 October Hall Committee: Virtual Courts (virtual event) Tuesday 13 October MTYBA Advocacy Competition (Round One)

Thursday 5 November Annual Dinner Sunday 8 November Sunday Lunch (Remembrance Sunday) Monday 9 November Treasurer’s Lecture Wednesday 11 November Survive & Thrive Tuesday 17 November Reader’s Feast Wednesday 18 November LGTBQ+ Forum Annual Dinner

Friday 16 October Hall Committee TempleFest or Quiz

Saturday 21 November CPD Day

Monday 19 October Scholar’s Dinner

Sunday 22 November Children’s Concerts

Tuesday 20 October MTYBA Advocacy Competition (Round Two)

Wednesday 25 November Call Day (Double)

Monday 26 October Tasting at the Temple Tuesday 27 October Moot Final Friday 30 October MTYBA Annual Dinner

Thursday 26 November Call Day (Double) Friday 27 November Hall Committee Ceilidh Friday 27 November Midland Circuit Dinner (Nottingham) Saturday 28 November Northern and North-Eastern Circuit Joint Dinner (Liverpool)

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2020 Middle Templar

Thursday 3 December Private Guest Night Friday 4 December MTYBA Christmas Party Monday 7 December Tasting at the Temple Wednesday 9 December MTYBA AGM Thursday 10 December Revels Friday 11 December Revels Sunday 13 December Carol Service and Lunch Tuesday 15 December Parliament Dinner Monday 21 December Staff Christmas Drinks with Benchers Tuesday 22 December Hall closes

2021

March

June

January

Thursday 4 March Clerks’ Dinner

Thursday 3 June Celebration of the Arts Dinner

Monday 4 January Hall re-opens

Thursday 11 March Private Guest Night

Tuesday 8 June Bench Call

Wednesday 13 January Treasurer’s Reception

Wednesday 17 March Amity Dinner with Inner Temple (at Middle Temple)

Thursday 10 June Private Guest Night

Wednesday 20 January Reception for New Benchers Saturday 23 January Burns Night Tuesday 26 January Reception for Committee Members

February Monday 1 February Tasting at the Temple Tuesday 2 February Bench Call Monday 8 February Treasurer’s Lecture Friday 12 February Music Night Saturday 13 February Ordinary Dining Night

Wednesday 24 March Call Day (Double) Thursday 25 March Call Day (Double) Friday 26 to Saturday 27 March European Amity Dinner and Conference (at Middle Temple)

April Tuesday 30 April Music Night Thursday 1 April Hall closes Monday 12 April Hall re-opens Tuesday 13 April Bench Call

Sunday 14 February Sunday Lunch

May

Thursday 25 February Private Guest Night

Friday 7 to Sunday 9 May Four Jurisdictions Law Conference (at Middle Temple) Monday 10 May Oxford Society Dinner Monday 17 May Tasting at the Temple Tuesday 18 May New Silks Reception

Monday 14 June Moot Semi-final Wednesday 16 June BACFI and Employed Bar Garden Party Monday 21 June Moot Semi-final Wednesday 23 June Reader’s Feast

July Thursday 1 July Music Night Tuesday 6 July Middle Temple Garden Party Tuesday 13 July Bench Call Thursday 15 July Private Guest Night Wednesday 28 July Call Day (Double) Thursday 29 July Call Day (Double) Friday 30 July Hall closes

August Tuesday 31 August Hall re-opens

Tuesday 18 May Music Night Thursday 20 May Annual Dinner

2020 Middle Templar

145

The Middle Templar Magazine 2020

Articles inside

Temple Church Weddings

Middle Temple Students' Association

New Masters of the Bench 2019-20

Middle Temple Young Barristers' Association

Hall Committee

The COIC Pupillage Matched Funded Scheme

Temple Residents' Association

What Have the Bar Council and the Inn Ever Done for Me?

Behind the Lens

Temple Church During Lockdown

Valedictory: The Rt Hon. Lord Carnwath

Temple Church Choir Summer Review

Lent Reader’s Feast: The Highways, Byways and Blind Alleys of International Law

Autumn Reader's Feast: Current Challenges in the Criminal Justice System

Becoming a Barrister

Talk to Spot

The Divorce Blame Game is Nearly Over

You have the Right to Remain Unidentified

Levelling the Playing Field

A Day in the Country in Lockdown

How Middle Temple Helped Me

Impeachment of a U.S. President

Confronting the Challenges Presented by the Covid-19 Pandemic

Don’t Let Commercial Awareness be a Bar to Success

Student Life at the Inn

In the Shoes of an Out of London Student

The Inns of Court

Turning the Tide against Corruption in the Congo

Troubled Journeys on the Path to Justice

The ICCA Bar Course

My Journey to the Bar and Becoming the First Kurdish Iraqi Barrister

Qualifying Sessions

The Role of an Inn of Court

Volunteering at Call Day

Five Perspectives on Sponsorship

Advocacy at the Inn

Outreach

Sherrard Conversations

Mock Pupillage Interviews

Mooting Trip to Cherokee

Education Update

MTYBA Dark Waters Event

Créme de la Créme Climbing Rose

MTYBA & MTSA International Women's Day

100 Years Since Helena Normanton's First Qualifying Session

Celebrating a Century of Women in Law

The Rule of Law Under Attack

Circuit Societies

Working in the Seychelles

An Increased Use of Technology in Gibraltar's Legal System

Access to Justice during the Coronavirus Pandemic: The Malaysian Experience

Cross Border Practice in Europe and Brexit

Mind the Gap: The General Adjourned Period and the Coronavirus Pandemic in Hong Kong

Business as Usual at the European Court of Justice Pending Brexit

Reflections on a Declaration of Friendship

Amity Visit to Canada

Book Review: Equal Justice by Frederick Wilmot-Smith

Book Review: Court Number One: The Old Bailey Trials that Defined Modern Britain by Thomas Grant

Unshaken & Unshakeable

A Personal Collection of 15th Century Documents

Book Review: Simon Brown's Memoirs by the The Rt Hon The Lord Brown

Lord Carson of Duncairn: Barrister, Statesman and Judge

The Ceremonial Plate of the Middle Temple

Readers of the Temple: From the 16th to the 19th Century

Justiciability – A Forgotten Saga

A Potted History of the Office of the Under Treasurer

Racial Equality, Inclusion and Anti-Racism Working Group

The Spanish Influenza Pandemic

Equality and Diversity at the Bar Council

BAME and the Bar

Black Lives Matter

From the Treasurer

Speech at the Inauguration of the Middle Temple LGBTQ+ Forum

Under Treasurers’ Forewords