New Evidence & Justice Forum launches this month – Emily Allbon
Credit: me'nthedogs
The City Law School will launch their new Evidence and Justice Forum (EJF) with a guest lecture by Michael Mansfield QC on February 22nd at 6.30pm.
Earthquakes, tsunamis, volcanic eruptions, hurricanes and floods show us the extreme and unpredictable power of Mother Nature. These events leave devastation in their wake both human and physical. We can monitor the earth, we can build barriers, and nations can sign climate change agreements but there is little we can do to protect ourselves.
Is it time now to move beyond goodwill? Is it time to invoke the law - an international law on Ecocide, the environmental equivalent of genocide? Is it legally possible?
In September 2011, at London's Supreme Court, a Mock Trial played out as though this crime were already adopted by the UN. Michael Mansfield QC, the prosecuting barrister, and Nick Lickley QC, the defence barrister led the case for and against two fictional CEOs. The trial outcome was not pre-scripted; it was for the jury to declare whether or not the Earth's Right to Life had been violated and if the crime of Ecocide was proven. This trial was one of the first steps in a sustained campaign to raise awareness of these issues and to air them within Government, business and communities. This lecture continues that momentum. In his lecture, Michael Mansfield will give evidence to support such a law and aim to set out the implications for businesses - regardless of whether they simply provide the funding for activities which impact the environment or are the main protagonists.
(Background: Polly Higgins, barrister and international environmental lawyer proposed to the UN in April 2010 the need for an international law on Ecocide.)
The objects of the EJF are the advancement of research (including facilitation of the supervision of research students), scholarship and education in the fields of evidence and justice within both criminal and civil jurisdictions. 'Evidence and justice' covers such subjects as the process of proof, accuracy in fact-determination, probability theory, adversarial, inquisitorial and alternative dispute resolution processes, pre-trial, trial and post-trial procedure, advocacy, the roles of judges, magistrates, jurors and witnesses, including expert witnesses, and the use of 'special advocates' in relation to secret evidence. It also covers non-legal disciplines that have a bearing on evidence and justice, including, for example, psychology and the forensic sciences.
Be sure to book online for this launch event.
The Criminal Bar: what is the future for eager graduates cramming their way into a tighter knit profession?…. Dola Ajibade
Our author, Dola.
Given the financial climate at the moment it’s little wonder that all the chambers evenings directed at GDL students come purely from commercial sets. Legal aid reforms, designed to cut public expenses, have hit the criminal sector hard so when 6 King’s Bench Walk (6KBW) decided to hold a chambers evening I had to attend. A brave invitation I thought by 6kbw, which came with a clear warning from David Herling (Director of the GDL), that only those interested in this field should attend.
Truth is none of us were sure if it was the route to pursue, and what were the reasons for 6kBW inviting us? They were not short of applicants i’m sure. However there is no denying the quality of the GDL cohort at City, a course known for its additional edge of academic rigour in an already intensive (and what many would describe as) painful nine months. The result? Some of the best barristers in England and Wales.
On the evening direct questions about the criminal bar were fired (it may have been the wine)...
How much will I earn? Will I ever be able to leave my parents house? Why is so much emphasis placed on academic ability when we are helping people mostly from working class backgrounds? How does someone with a first class honours and from a middle class background relate to criminals from a different background to their own?
Their answers to these very general questions? They stated that, yes the bar does place great emphasis on intellectual ability because historically that is how it has always been. They acknowledged the problem of being able to relate to clients and represent them to the best of your ability when you are not from the same background, especially in criminal law. Yet they stated they did not rule out people with a high 2:2 who demonstrate other qualities, similarly those with a first class honours with no experience do not just walk straight through the doors. Reassuring advice, I thought, useful to a post-graduate, I was won over already.
Legal Careers Event for Disabled students
OPEN 2012 is taking place on 3rd February 2012, and its aims are described by the organisers:
"...designed to provide people with disabilities and long-term health conditions an insight into the true nature of the opportunities for graduates interested in pursuing a career in law"
Sessions planned include a guide to the recruitment process and clarification over the requesting of adjustments. You'll also get a chance to meet the firms, network and listen to panel discussions with senior representatives from the law firms participating. Firms include: Allen & Overy, Ashurst, Clifford Chance, Eversheds, Freshfields, Hogan Lovells and Linklaters.
So how do you sign up? Places are limited so you'll need to email over your CV and covering letter.
Find out full details of the event and how to apply at the OPEN 2012 website.
Immigration Detention: Past, Present, Future (Book launch) – Anjum Kasmani
As a former student of Dr Dan Wilsher during my LLB days at City, when I read on the Lawbore events section that he had recently written a new book on Immigration detention, the launch of which would be at City, I found myself compelled to attend. Despite continuing on at City Law School to do the LPC, this would be my first opportunity to go back to ‘old City’, to meet with some of my old teachers and to be part of an academic celebration.
Senior Lecturer in Law Dan Wilsher
The mood as people filtered into the room was jubilant despite the book’s sombre topic. There was a great sense of anticipation to hear about Dr Wilsher’s work and it was positive to see a mixture of people in attendance, from students to academics to those in other professional fields.
Sir Nicholas Blake QC and Professor Elspeth Guild joined Dr Wilsher in presenting to us on the night. The presentations moved from a brief history of the immigration situation, to praise for the new book, to discussing what the future was for such immigration matters in the UK.
Indeed immigration law is in and out of the headlines frequently, although immigration detention itself is not something so greatly focused on. The event gave an opportunity to discuss and consider this other side of immigration law. The importance of balancing justice and secure borders was refreshing to hear.
State Violence and the Responsibility to Protect: the role of the international community – Tiffany Jeffery
Our author, Tiffany
Genocide, war crimes, ethnic cleansing, and crimes against humanity; these four issues are arguably the four most central problems present in the humanitarian world. Together they have led to a collective international agreement accepted by the United Nations Member States: the Outcome Document of the 2005 World Summit, in the hope of preventing mass atrocities. On Tuesday November 15th 2011, the London School of Economics and Political Science (LSE), hosted an event to examine and discuss the manner in which the Responsibility to Protect, or R2P, was agreed upon at the United Nations General Assembly in 2005, the implementation of R2P at an international level, and the future challenges of the concept of R2P.
The lecture, titled; ‘State violence and the Responsibility to Protect: the role of the international community’ was given by Sir Adam Roberts president of the British Academy and Professor of International Relation at Oxford University, Ignacio Llanos, Counsellor of the Embassy of Chile in the United Kingdom, Dr Chaloka Beyani, senior lecturer in Law at LSE and UN special rapporteur on the Human Rights or Internally Displaced Persons. The diverse backgrounds of each of the three speakers, ranging from the first hand experience of Ignacio Llanos to the academic perspective of Sir Adam Roberts, provided for a dynamic and informative lecture. Each speaker offered an extensive, as well as, distinctive analysis on the theory of R2P in an attempt to conceptualize this term within the broader context of today’s political realities.
Demystifying the mysterious Chambers Evenings – Marie Tay
Author Marie
Chambers evenings. Men and women in posh suits, a formal event over-flowing with intellect from Heads of Chambers, top-notch barristers, Queen’s Counsels and tenants all in the same room. One of the delightful highlights on many a GDL student’s to-do list, ranking up there with mooting and pro bono. Along with the hundred and one things we try to achieve in our short academic year.
“Just what exactly are Chambers evenings?”, pondered many of us en route to tutorials and in between mid-lecture breaks. “It’s sure to be really formal if we must put on our best suits!” exclaimed one excited peer. “And we must be on our best behaviour! And impress the barristers! And snag a pupillage! And network!” And do everything all at once it seems…..
“Relax…”, said the tutors with knowing smiles, but not giving any details away. Going with an open mind and a professional attitude seemed to be their suggestion. And that’s exactly how a mini army of us clad in a sea of somber dark greys, navy blues and black albeit perfectly coiffed and gelled up hair set off for our very first Chambers evenings at Wilberforce Chambers. Many armed with emergency lists of potential questions and witty repartee to hopefully impress the barristers.
Hey! Lawyers! Leave them kids alone! – Emily Allbon
First a little background: the Legal Education and Training Review is a joint project between the Bar Standards Board (BSB), the Solicitors Regulation Authority (SRA) and the Institute of Legal Executives Professional Standards (IPS). As its name suggests, the findings of the research generated by this review will have far-reaching implications on the nature of future legal education and training. The research team are essentially looking at whether the spectrum of legal education and training in the UK is fit for purpose. It has been widely reported to be the most wide-ranging review of legal education since the Ormrod Report in 1971. Final recommendations will be published in December 2012. Research for the Review is being led by Professor Julian Webb of Warwick University.
Legal Education Debate 2011 panel - Thanks to LexisNexis for image
UCL hosted a LexisNexis-sponsored debate on 11th October 2011 'Do Lawyers Need to be Scholars?' with a view to kick-starting discussion around the Review. Chaired by Professor Dame Hazel Genn DBE QC, Dean of UCL Faculty of Laws, the panel was more weighted on the academic side, though their views were far from uniform. It included:
David Bickerton (Managing Partner, Clifford Chance)
Rebecca Huxley-Binns (NTU and winner of Law Teacher of the Year 2010)
Professor Stephen Mayson (Director of Legal Services Policy Institute, College of Law)
Professor Richard Moorhead (Cardiff Law School)
Professor Philippe Sands QC (UCL Faculty of Laws/ Matrix Chambers)
Each panel member got 5 minutes to state their position before some debate amongst themselves and then a final passing over to the audience. Sir Mark Potter who chairs the LETR Panel also said a few words around the review, although he was treading carefully so as to convince us no preconceptions were driving the review.
Key areas of discussion centred around the standard of the undergraduate law degree, with Phillippe Sands kicking off with a controversial stance, declaring his one regret in life was studying law and not doing something else first, before going to study law as a graduate. His assertion centring around the belief that studying law as an undergraduate in this country is stifling, closing your mind down to thinking in a particular way, at the very point when it should be opening up in new ways.
Berezovsky v Abramovich: A view from the video-link – Hugh Cumber
The Rolls Building on Fetter Lane. Image credit to Law Information Live
The Rolls Building, the newly-opened court centre of the Royals Courts of Justice on Fetter Lane, is currently being put through its paces as it plays host to what promises to be one of the most bitterly-fought legal battles of the year. Boris Berezovsky, represented by Laurence Rabinowitz, is seeking more than £3 billion in damages for alleged breach of trust and breach of contract from his former business partner Roman Abramovich, represented by Jonathan Sumption QC. This week I had the chance to witness a small portion of this mammoth piece of litigation, as Berezovsky took to the witness stand to be cross-examined by Mr Sumption.
Court 26 was unable to contain the hosts of lawyers, journalists, and members of the public who had arrived to participate or observe. Arriving half an hour before the trial was set to recommence, I was directed to one of two adjacent rooms which had been furnished with a live video link to the court room itself. Disappointed not to get a seat in court room itself, I waited in the corridor outside the court a little while longer. All around me, bodyguards, journalists and lawyers loitered listlessly; I caught sight of Mr Berezovsky, deep in conversation, as he waited for his cross-examination to continue. Eventually, the trial started, and I found a seat in one of the video-linked rooms. Even these rooms were busy, with rows of chairs arranged to allow as many people as possible to see the two large monitors. One monitor displayed video footage of the courtroom, showing both a wide view of the court and a close-up of the witness stand. The other showed a live transcript being made of the proceedings.
Football, Broadcasting and the Internal Market: Is a common audio-visual space in sight? Panel Discussion at City Law School – Hugh Cumber
Author Hugh
Just one week after the Grand Chamber of the ECJ gave its preliminary ruling in FA Premier League v QC Leisure and others and Murphy v Media Protection Services, legal experts offered their analysis of the ruling and its potential impact at a panel discussion hosted by City Law School.
Professor Sir Robin Jacob chaired the five-person panel, each of whom offered a differing perspective on the decision and its potential legal and commercial impact. Jeremy Phillips, an academic and IP consultant with Olswang, began, offering a broad commercial context for the decision. He stressed that this was a decision about money, drawing attention to the time scale on which a company acts compared to the time it takes the Luxembourg court to reach a decision. Professor Phillips went on to suggest some ways in which the FAPL licensing scheme could be altered to reflect the court’s decision. He also pointed out that this decision may ultimately prove to be less significant than it might seem now, as the FAPL will have to adopt new licensing models in the future to take into account the rising popularity of online distribution.
City University’s Lorna Woods went next, examining some of the European law surrounding broadcasting which forms the background of this appeal. Professor Woods went on to suggest that European directives relating to IP and broadcasting have not always been consistent or clear, drawing attention to the problems created by overlapping directives created for different purposes but with similar terminology. She also questioned the long line of case law on the special status of sports.
The Future of the Bar – in whose hands? – Marie Tay
Report on Lecture by visiting Professor at City University London, Stephen Hockman QC:
Legal Services Reform: the impact on the Bar - 5th October 2011.
Author Marie
Mention legal services reforms and you will definitely catch the attention of any barrister or solicitor in the room. And chances are, he or she will have plenty to say on the subject, as did visiting Professor at City University, Stephen Hockman QC, who offered a fascinating insider’s view of this red-hot topic in legal circles.
Since the implementation of the Legal Services Act 2007 and the Bar’s revised Code of Conduct, barristers have wondered what their future will look like in a post-Clementi environment filled with economic concerns. Especially now that the traditional boundary between barristers’ and solicitors’ work has been crossed, with barristers being able to carry out a solicitor’s work.
Stephen Hockman tells us that the route to successfully integrating in these circumstances lies in the hands of barristers themselves. While regulation only establishes a minimum standard, “in the end, the only way in which a client can be guaranteed a good service from his lawyer is if that lawyer is sufficiently well-trained and motivated to provide the required level of service.”
In view of Bar Standards Board (BSB) decisions, many unanswered questions are foremost in many a barrister’s mind. Questions of whether the Bar Council will agree to amend its constitution so that it can become an entity regulator and if so, which entity will it decide to regulate? Will the Bar in chambers decide to emulate solicitors in adopting partnerships as the predominant practice mode and what effect will this have on the ethos of personal responsibility? And if members of the Bar decide to practice in LDP rather than in Chambers or in bar-only partnerships in significant numbers, what long-term effects will this have on the Bar Council in its regulatory role?
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