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ESSENTIAL READING FOR BARRISTERS
3 rd J une - 31 st J uly 2014 TRINITY TERM ISSUE
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Features
BREYER AT MIDDLE TEMPLE HALL
Chambers 13 Acquiring Premises
Term 2014 The year 2014 began with what may well be seen as two significant and historically important events which can now be shared with readers of ‘The Barrister’ – you cannot be exempt from knowing about them even if you missed the CPD points we achieved for both of them! The first was a fascinating ‘off-the-cuff’ lecture on ‘Judicial Independence’ by Justice Stephen Breyer at Middle Temple; the second a formal speech by the incoming Lord Chief Justice, Lord Thomas of Cwmgiedd on ‘Reshaping Justice’ delivered to the organisation ‘JUSTICE’ at Freshfields.
The weather was dreadful outside on 5th February 2014, and the trains were not running because of a strike. But even the rough winds of almost gale force and non-existent underground transport couldn’t deter a determined audience of assorted lawyers --
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Maintaining Judicial Orthodoxy Two historic judicial events held in Hilary
E st . 1999
By Scott Leonard, partner in the Corporate and Commercial team at Russell-Cooke LLP
Forensic Science 16 Rationing By Jo Millington BSc (Hons)
MSc PGCert MIABPA, Senior Forensic Scientist, Manlove Forensics Ltd
the Use of Technology 25 How Can Lessen the Impact of Increasing Regulation of Chambers By Helen Ford, Managing Director, Bar Squared Ltd
Phillip Taylor MBE, Richmond Green Chambers
constraints in the 28 Budget legal system reduces the
quality of evidence that appears before the courts By Matthew Jackson, Director, Senior Forensic Consultant and Expert Witness at Athena Forensics.
p.7
The Ballad of Reading (in) Gaol: Injecting Legal Analysis into the “Book Ban” Debate
News
“Books were the great saviour inside, and
to a restriction on the parcels prisoners
I sincerely believe books and education
can receive; an exclusion extending to
are the great rehabilitators.” This, from
underwear, clothing, and other gifts; letters
a prisoner who over the course of three
are still permitted. Though changes to the
decades was contained in over 30 different
“Incentives and Earned Privileges Scheme”
prisons.
came into effect in November 2013, the
Such statements can trigger our emotions.
issue has recently resurfaced in the public
But as the effects of the much-hyped “book
domain following an article from Frances
ban” unfold, it is important that we limit the
Cook, Chief Executive of the Howard
Publishing Director: Derek Payne
stock we place in our instinctive reactions,
League for Penal Reform. The “book ban”
email: info@barristermagazine.com
and instead consider the objective legal
has been widely debated and scorned by
issues at play.
academics and authors alike. Below
The popularly named “book ban” refers
we recount the reaction to the
03
Bar Chairman Welcomes "A Viable Pathway for the Criminal Justice System"
05
Statement From Bar Leaders on Very High Cost Cases
0845 5190 176 Publishers: media management corporation ltd Design and Production: Alan Pritchard email: info@soinspire.me.uk
p.8
phone: 24hr: email: web:
00
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Bar Chairman Welcomes "A Viable Pathway for the Criminal Justice System" The Bar Council, which represents barristers in England and Wales, has welcomed today's (27 March 2014) announcement by the Ministry of Justice of revised plans for criminal advocacy including deferring implementation of any cuts in the Advocates Graduated Fee Scheme (AGFS) for at least a year. The announcement follows months of mounting concern among the legal profession and beyond about the effects of the Government's proposed cuts to legal aid for Crown Court advocacy on access to justice and on the provision of legal representation by suitably skilled and experienced advocates. Nicholas Lavender QC, Chairman of the Bar, said:
"Yet
the
administration particularly complex
efficient
making them more efficient.
There is no objection in
justice,
We have much to contribute
principle
most
to Sir Brian Leveson's review
undertaking VHCCs, if that is
depends
of
in
the
cases,
to
barristers
and look forward to working
what they choose to do."
on having advocates of the
with Sir Brian.
Nicholas Lavender QC added:
highest quality. It is in the
"We welcome the Ministry's
"The Government has today
public interest to ensure that
decision to commission a
demonstrated
people of ability at different
study of the economics of
listened to the Bar's concerns
stages
careers
practice at the criminal Bar,
and addressed a number of
in
can
their
develop
that
it
has
successful
which will take account of
them. It is also testament to
practices at the Bar. That is
previous funding cuts and
the profession's commitment
why I believe that today's
their effects on barristers and
to speaking with one voice in
announcement points to a
sets of chambers. The results
making sincere and evidence-
better future from the one
could
based arguments, steeped in
which many have feared,
evidence on which to base
and is to be welcomed. This
future
is
not
affecting the structure of the
"On behalf of the Bar Council,
just for the Bar, but more
Bar and avoid recourse to
I want to see us build on
importantly, for the criminal
further salami slicing of legal
today's announcement by the
justice system.
aid to achieve savings.
Ministry of Justice to ensure
a
viable
"The
Bar
always
pathway
Council
valuable
policy
the public interest.
decisions
has
that the criminal Bar has a
that
"We think that there may be
sustainable future. There are,
had
better ways of arranging for
and will remain, challenging
to face tough decisions in
the payment of fees in the
times ahead. We cannot alter
making savings in public
most complex cases than
that, but we must address
expenditure. The Ministry of
under
them. By doing so I believe
Justice has not been immune
scheme, so we welcome the
that
from those difficult choices.
Ministry's announcement of
strong and independent Bar
But legal aid barristers who
the opportunity to re-consider
which is properly valued for
are working at the front
that
its unique contribution to the
line of public service, often
a
"The Bar has consistently
in difficult and demanding
working
opposed the Government's
circumstances,
Indeed
deeply unpopular plans to
often found themselves at the
developed an alternative GFS
of
cut once again the fees paid
sharp end of those decisions.
Plus scheme some years ago.
and
This has been reflected up
"As
suggested
"In the meantime it is up to
take this opportunity to move
and down the country on
previously, a deferment in
each barrister what work
forwards, by engaging with
each of the circuits. It is
AGFS
they do. The Bar Council
the reviews which have been
hardly surprising that, after
everyone to take stock of the
recognises
the
announced today, resuming
successive waves of cuts to
outcome of the independent
revised rates approved by
normal working relationships
legal aid, barristers have felt
review of criminal advocacy
Parliament last autumn some
with our partners in the
demoralised and devalued
by Sir Bill Jeffrey. We have
barristers may be unwilling
criminal justice system and
when faced with the prospect
always been willing to look at
to undertake work on these
calling off any further days
of having to bear the brunt of
ways of improving criminal
cases. That is a matter for
of action. We can do so in the
the highest cuts anywhere in
proceedings with a view to
them. We will respect their
confidence that our voice has
the public services.
streamlining procedures and
right to make that decision.
been heard."
the
recognised
provide
Government
has
have
too
the
current
scheme
resumption
VHCC
following of
normal
we
can
administration of justice.
Bar
Council
"That is why, in the interests building high
sustainable quality
representation, have
changes
will
allow
a
relationships. the
for Crown Court advocacy. we
maintain
that
at
we
legal should
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First4Lawyers forms partnership with Exchange Chambers as clinical negligence expansion gathers pace First4lawyers has become the first claims management company (CMC) to form a partnership with a set of chambers, amid plans to grow its clinical negligence service to customers and lawyers alike. The agreement with leading northern set Exchange Chambers is the first of several steps by First4lawyers to increase its capabilities in clinical negligence work. The marketing collective is in the process of growing its panel of specialist clinical negligence law firms and also has plans to create the first TV advertisement dedicated to this serious area of law. The partnership with Exchange Chambers will give law firms on the First4lawyers panel access to the expert advice of counsel when screening difficult cases,
while Exchange Chambers will usually be the first port of call for panel firms seeking advocates. Led by well-known QC Bill Braithwaite, the clinical negligence team at Exchange Chambers boasts a wealth of expertise in handling the most severe catastrophic claims. It has four other silks, supported by over 20 juniors. First4Lawyers head of business development Chris Rodgers says: “The number of clinical negligence claims is rising fast, meaning an increasing number of CMCs are looking to muscle into an area they know little about. This is a dangerous trend. There is an urgent need for ethical companies like First4Lawyers to show they have the confidence of the legal profession and ensure that potential claimants get the best possible advice from
the start. “In our view, augmenting our panel of expert solicitors with some of the best clinical negligence barristers in the country should achieve both of those goals.” Tom Handley, Director of Chambers at Exchange Chambers, says: “Working with First4Lawyers is a good fit all round. They are experts in helping the victims of medical negligence find the right expert solicitor for their case, while our team has extensive experience acting for claimants in complex, high-value clinical negligence matters. About First4Lawyers For six years’, First4Lawyers has been the driving force behind successful personal injury and clinical negligence law firms. Operating as a genuine marketing collective, the firm’s exacting standards
consistently claimants.
deliver
quality
High-impact marketing campaigns, including a hugely successful TV campaign fronted by sports personality, turned TV presenter, Andrew Castle, a vigorous approach to vetting and customer services, delivered by an expert customer team, and a guiding principle to deliver a truly ethical and effective service for claimants seeking access to justice, ensures First4Lawyers is the most trusted brand in the claims market. The company has won the Personal Injury Awards’ Claims Management Company of the Year for the past two years and operates a zero tolerance policy on fraud. www.first4lawyers.com
myBarrister Partners with leading search firm for the Bar, Hewetson Shah myBarrister, the leading online find-a-barrister service, is partnering with Hewetson Shah LLP - the Bar Council’s exclusive Service Partner for Legal Search & Recruitment, to further build on the established direct-access barrister platform. Hewetson Shah will now play a pivotal role in the growth of myBarrister, acting as an ambassador for direct access to the Bar, promoting the value and benefits of the service. myBarrister has been live since June 2013 and is now moving quickly into its next phase of development. The service offers barristers
access to a significant flow of direct enquiries from businesses and individuals. Ronald DeKoven, CEO of myBarrister, comments: "The website went live in June last year and since then strong and consistent growth has proven our business model. We’re now moving to the next phase in the development of myBarrister and are focused on significantly increasing the number of member barristers on the site. “We are confident that working closely with Hewetson Shah will enable us to achieve this goal and establish myBarrister as the leading direct access portal in the UK. Hewetson Shah have
unparalleled contacts within the legal sector both here in the UK and internationally, and we are certain their influence in the market will be of real benefit to our business move forward.” Guy Hewetson, one of the founding partners of Hewetson Shah, added: "We have been involved in myBarrister since its inception and we believe this to be the only credible and proven direct access portal to the Bar. It is widely recognised that the two key areas of growth for the Bar lie in direct and international instructions. “We have noticed an increase in demand for barristers to
be instructed directly and consequently an uplift in barristers being trained to accept direct instructions. We believe myBarrister to be a very timely offering for a market that demands a commercially viable route to the Bar." Hewetson Shah has six lead partners, including an exSenior Clerk (with 25 years' experience) previously with 20 Essex Street and magic circle set Essex Court Chambers, and an ex-Senior Clerk (with 45 years’ experience) who more recently was the former CEO of St Philips Chambers, one of the largest chambers in the UK.
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Statement From Bar Leaders on Very High Cost Cases The leaders of the Bar, who represent barristers in England and Wales, have published the following joint statement: Very High Costs Cases (VHCCs) are the most substantial, complex and difficult cases to be tried in the Crown Court. They are cases where the trial is expected to last more than 60 days. Skilled and experienced advocates are required to present these cases. In April 2013 the Government announced its intention to cut the fees paid to advocates conducting VHCC cases by 30%. We opposed this proposal, as did many others. The cut was introduced with effect from December 2013. In a debate in the House of Lords on 11 December 2013 all speakers opposed the cut,
including Lord Faulks QC, who is now a Minister of State at the Ministry for Justice. Lord Faulks QC said: “these further cuts really threaten our justice system”. Lord Faulks QC added, in relation to the criminal justice system, that: “Its reputation, hard-won as it is, is now at serious risk.” Each advocate who had signed a contract to undertake a VHCC case was presented by the Government with a choice: either to accept a 30% cut in their fees or to terminate their contract. They chose to terminate their contracts. Since then, we understand that no barrister has signed a new contract to undertake a VHCC at the reduced rates. We stated on 27 March 2014, on the day we
reached agreement with the Government, and we repeat: • Whilst it is an individual choice for any barrister as to what work they choose to do, there is no objection, in principle to barristers undertaking VHCCs. • There is no reason why barristers who want to work on VHCCs should not do so. Nicholas Lavender QC, Chairman of the Bar Council Nigel Lithman QC, Chairman of the Criminal Bar Association John Elvidge QC, Leader of the North Eastern Circuit Sarah Forshaw QC, Leader of the South Eastern Circuit Andrew Langdon QC, Leader of the Western Circuit Paul Lewis QC, Leader of the Wales and Chester Circuit
Andrew O’Byrne QC, Leader of the Northern Circuit Mark Wall QC, Leader of the Midland Circuit 1. Further information is available from the Bar Council Press Office on 020 7222 2525 andPress@BarCouncil. org.uk. 2. The Bar Council represents barristers in England and Wales. It promotes: • The Bar’s high quality specialist advocacy and advisory services • Fair access to justice for all • The highest standards of ethics, equality and diversity across the profession, and • The development of business opportunities for barristers at home and abroad.
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Any practising barrister or anyone with rights of audience in relation to proceedings in the High Court in England and Wales with at least 10 yearsʼ experience in the field of trusts and/or estates can join STEP through our Advocacy Route. Apply by submitting three anonymous opinions demonstrating your trust and estate experience.
For more information about STEP call +44 (0)20 7340 0500 or visit www.step.org/advocacy to download an application form This route is available in England and Wales only
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Law Society says the benefits of family law changes will be undermined by legal aid cuts The benefits of speeding up the way that the family law courts work will be undermined by cuts to civil legal aid, the Law Society said.
and Punishment of Offenders Act 2012 is leading to more delay.
The changes will speed up court processes for dealing with issues arising from divorce and separation, and for taking children who are at risk into local authority care. However the fact that more and more people are representing themselves in the family courts as a result of civil legal aid cuts introduced in the Legal Aid, Sentencing
• Restrictions on the use of expert evidence, requiring judges to have regard to the impact of delay on the child when deciding whether to permit expert evidence. • The creation of a single Family Court for England and Wales which should operate more efficiently for court users. • A 26 week time limit
The main changes which came into effect in April include:
for completing care and supervision cases, to speed up the process of finding a permanent placement for a child. A judge will have the discretion to extend cases by up to 8 weeks at a time if necessary. • Child Arrangements Orders’ in place of ‘residence’ and ‘contact’ orders. • A requirement to attend a meeting to find out about mediation before making an application to the family court in disputes over money or the upbringing of children. The Law Society has played a
key role in developing these changes with government and the family judiciary. Law Society President Nicholas Fluck said: “The Law Society supports these changes, but the problem for many separating and divorcing couples is getting access to legal advice to help them through the court process, or to find alternatives to court. The cuts in legal aid for family law have put people off from seeking advice and support from solicitors who can explain where they stand and what their rights are.
Briefed: A Platform for the Modern Professional to Cut the Hours out of Admin Briefed is the story of a barrister using digital technology to solve a problem her colleagues face every day, that could just as easily have come from a different industry. Orlagh McGahan was running a successful practice but was drowning in the office work that most people don’t see behind any legal case. The modern barrister must be not just a lawyer but also a good office administrator, as well as being under increasing demand to provide excellent customer service. There had to be a better way to handle the admin. Orlagh couldn’t find one. So she built it instead. Briefed is an online case management platform for barristers and their staff to manage most of the admin behind their cases. Those mountains of paperwork can now be accessed digitally, and new documentation can
be created and sent swiftly using template content. Tasks and appointments, such as court appearances, are easy to manage. The system also looks after other parts of the job, including fees and even CPD points. Critically, it brings these functions together in one place, linking paperwork with events and fees and so on, when for most barristers they are probably all still disconnected. It’s also easy to customise, such as by adding new template content. Briefed is secure, cloud-based and mobile, so barristers can now do their work in what used to be down-time – waiting outside courtrooms, in airport lounges and taxis. An outsider to the industry might assume that for the respectable legal professional the admin was someone else’s job. But barristers are largely like any independent businesspeople, tasked with managing their own back
offices, usually in the unpaid hours. And having a little experience of barristers’ chambers from a previous life, I’ve seen the skyscrapers of case notes and the scraps of paper with scrawled lists of hours worked and people to call. Besides the need to for self-management, Orlagh described a confluence of further issues that amplify the need for an application like Briefed at this time. The whole legal industry is tightening its purse strings. Funding for legal aid has dropped. Barristers are under increasing competition from solicitors and the new role of the solicitor advocate. Clients are demanding more transparency on the work their barristers are doing for them. Generally, too, connected technology is underpinning all sectors and becoming instinctive to everyone. This is a good time
to put down the fountain pen, leave the dusty photocopies and move into the cloud. In launching Briefed, Orlagh McGahan has become the first Northern Irish barrister to be permitted by the industry to operate another business. And by working closely with the Bar Councils of Belfast, Dublin and London, the application is the first of its kind to be promoted at the top level of the Bar. There is an opportunity here for Briefed to become a standard tool in a more digitally-savvy legal industry. But the case management functions provided by the platform could have wider applications too, not just for other legal professionals like solicitors. Anyone needing to manage complex paper trails and client rosters might benefit from Briefed in future. Although Orlagh admits her “heart will always be with the barrister market”.
the barrister
and the occasional well-known p.1 journalist -- from crowding Middle Temple Hall almost to capacity to hear The Honourable Justice Stephen Breyer, Associate Justice of the Supreme Court of the United States, deliver the ninth annual Dame Ann Ebsworth Memorial Lecture. And what a lecture it was! The South Eastern Circuit sponsored the event and it was introduced by Sarah Forshaw QC, the Circuit Leader. The subject was ‘Judicial Independence’, with particular emphasis on the rule of law. With his engagingly informal, yet no-nonsense manner, Breyer revealed, among other things, any number of historically significant anecdotes and insights into pivotal events, specific cases and judicial decisions which influenced the course of American history, not to mention world opinion, whilst cementing the concept of judicial independence. Take, for example, the case of Bush versus Gore. That’s Al Gore and George Bush. Remember them? It was of course George Bush who eventually became President but that particular election in 2000 was a close-run thing. You may also recall the issue of the ‘hanging chads’ spewed out by presumably faulty voting machines which imposed a giant question mark over the final result of the election. The split among the American electorate was 50:50. It was about a month before the great American public, as well as the world, knew who exactly had been elected president. With such inconclusive results, apparently unprecedented in American history, it became the responsibility of the U.S. Supreme Court to make the final decision – and indeed they did – and the rest is history. Obviously and inevitably, as Breyer reminded us, the decision was unpopular with half the U.S. population. But as he pointed out, ‘there was no rioting in the streets.’ The rule of law – and public
respect for the rule of law – prevailed. In such a situation, he said, 311 million Americans have to be convinced of the value of following the judges’ decisions, even if they are unpopular. Going further back into relatively recent history, Breyer touched on the issue of racial segregation in the southern United States, declared ‘unconstitutional’ by the Supreme Court in 1954, but with no immediate result. ‘Nothing happened,’ he said, until the attempt to desegregate schools in Arkansas in 1957, which floundered in the face of defiant, almost fanatical opposition led by the then state governor Faubus. ‘I control the State Police,’ he declared -- and according to any number of reports, ‘black kids walked away in front of the Press.’
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Supreme Court. ‘The result,’ he added, ‘was an integrated society imperfect to this day… accomplished by the judges, yes, and by other people.’ If anything, these events and their results do prove that societal change really can be brought about by legislation, even though the actual implementation of it may prove appallingly tough.
All of which led Eisenhower, the then President, to declare -- equally defiantly -- that ‘we have to do it’ and sent paratroops from the 101st Airborne to escort black children into the previously all white school. The schools were then shut and for a time, nobody got educated, until eventually the schools were re-opened under a new Board of Education who collectively said, ‘back to school.’
In offering such illuminating and illustrative glimpses into American judicial history, Breyer spoke with the authority of erudition and experience. Born in 1938 in San Francisco, he received a BA in Philosophy from Stanford University, a BA from Magdalen College, Oxford as a Marshall Scholar and a Bachelor of Laws (LL.B) from Harvard Law School. In 1967 he became a law professor and lecturer at Harvard Law School, specializing in administrative law. Before his nomination to the Supreme Court, he served in a number of roles, including assistant to the United States Assistant Attorney General for Antitrust and interestingly, as special prosecutor of the Watergate Special Prosecution Force in the early 1970s. He has also written an excellent book on “America’s Supreme Court” which I reviewed a while back.
‘Something had been started by those paratroopers,’ said Breyer on this historic chain of events initiated by the
While still teaching at Harvard, he also served as a professor at Harvard’s Kennedy School of Government. His
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the barrister
It is worthwhile for readers of ‘The Barrister’ to check out the South Eastern Circuit’s website for information on other forthcoming lectures and events in future and if you are a barrister in the south east, you might consider joining the Circuit. Also, you won’t forget, will you, that next year is the 800th anniversary of Magna Carta, as Breyer and no doubt the entire American Bar Association would amiably but firmly remind you. Magna Carta was a rich theme which ran throughout his address.
appointment to the Supreme Court by Clinton followed the retirement of Harry Blackman in 1994. His biographical details reveal a number of other academic achievements and also that he was the second longest serving junior justice in the history of the Supreme Court. Appointed by a Democratic president, Breyer’s approach to law has been described in such terms as ‘liberal’ and ‘pragmatic.’ He is a judge who regards the U.S. constitution as ‘a beautiful thing,’ but certainly a thing that ideally should be scrutinized as to its purpose and its consequences. One of the Court’s most controversial decisions has been on the issue of abortion rights on which Breyer has consistently voted in favour. He does not look with favour, however, on the proliferation of guns, or on capital punishment. Breyer parried pointed questions from the floor with the ease and the caution of the established senior judge. Of course, he gave no specifics on the matter of judicial independence which would have disappointed the keenest jurisprudents. ‘How do you reconcile the principle of judicial independence with an elected judiciary?’ he was asked. ‘I can’t,’ was his terse two-word reply, much to the amusement of most of his audience, who shortly afterward were reminded
of the significance of Magna Carta. ‘Those barons at Runnymede really started something,’ he might have said, but didn’t. Instead he quoted from Rudyard Kipling’s poem, ‘At Runnymede.’ ‘Magna Carta’, he then remarked, was the first ever attack on the ‘Right Divine’, that is the divine right of kings to, as it were, rule the roost with the authority of the Divinity Himself. It took a long time from the thirteenth century onward -- and considerable blood and tears to consign this annoying concept to history (we hope) to the point where we at least have a constitutional monarchy which the world, even the Americans, might envy.
The Breyer speech sets out a special precedent establishing and confirming the orthodoxy of judicial independence which remains a cornerstone of our democratic constitutions in both the U.S. and U.K. For many present it was a legal history lesson in how to set out the judicial stall without ever appearing partisan - Breyer did just that in a memorable performance. A SHORT ADDRESS BY THE NEW “CHIEF” ON A VERY BIG ISSUE: ‘RESHAPING JUSTICE’.
The South Eastern Circuit and Dame Ann Ebsworth
And then we heard from Lord Thomas a month later. It has not been the norm for a Lord Chief Justice to deliver the type of short address I saw given on 3rd March 2014 at a meeting at Freshfields of ‘JUSTICE’ - a cross party legal organisation chaired by the splendid Baroness Helena Kennedy who never fails to impress with her passion over legal issues.
Breyer’s lecture was a fitting tribute by the South Eastern Circuit to Dame Ann Ebsworth, who, had she lived would have approved of its spirit and content. Dame Ann Marian Ebsworth was a distinguished barrister and judge who in 1992, became the sixth female High Court Judge and the first to be assigned to the Queen’s Bench Division. She also taught advocacy at Gray’s Inn and for the South Eastern Circuit and additionally, at an annual course at Keble College Oxford.
JUSTICE was established in 1957 and became the U.K. section of the International Commission of Jurists one year later. The organisation covers representatives from all the main political parties as it seeks to advance the fair administration of justice and to persuade decision-makers by the strength of its legal research. It has a reputation for being far-sighted, independent and practical in its approach to legal reform hence the invitation to Lord Thomas on the latest
the barrister
initiative known as ‘Reshaping Justice’. Thomas had two purposes with his address which can be read in full on the judiciary website. He said: “The first is to make clear that our system of justice does need reshaping to deal with the fundamental change that is occurring in the role of the State. It is retrenching. The budget for justice is being reduced substantially. We must ensure that our system remains able to maintain the rule of law by administering justice effectively, speedily and impartially in this new age. The second is warmly to welcome the re-shaping of Justice and to say how very encouraged I am that Justice in its re-shaped form can and must play a vital role in reshaping our system of justice.”
The speech then went into some detail and some journalists picked themes afterwards mainly on the possibility that some form of inquisitorial procedure might be introduced and that a two tier Crown Court might be established. All well and good but the real issue was that the Lord Chief Justice had actually come out of the shadows to talk about the future of the courts and the way we do our business without damaging the concept of “judicial independence” or talking political money. It was a brilliantly professional performance, like Breyer, with absolutely nothing given away except the contents of the speech itself, and deft handling of questions. What I liked of these two events, apart from the sharp intellect of both men, was the presence throughout of some forward thinking. Breyer and the Americans still revere Magna Carta in a way we British do not - that may change next year. Thomas went further (some would say he had to) by looking at the very basis of how we administer Justice
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in the future. He urged us: “we must do what the Evershed committee did not. We have to keep an open mind even on radical options”. Exactly! This is when the ears pricked up and reference was made to the Judicature Acts and the length of time it took the Victorians to reform the administration of justice in the nineteenth century. We do not have the privilege of that length of time for reform this time round, Thomas might have said, as he sailed close to the financial wind (he had to) but the words ‘information technology’ appeared in paragraph 14 of his speech. This was what we wanted to hear after years of computer neglect in the Law! Since, “Reshaping Justice” has now been introduced as a research topic by a number of organisations who have sent up groups to review how we are going to administer Justice in future. Time is not on our side unlike Victorian England so I came away from both events gratified that our model of “judicial independence” remains intact but I was delighted to see a much more modern approach as to how we will do Our LLM in Employment Law is the perfect qualification our legal business for legal practitioners who wish to expand their in future whilst knowledge and understanding of UK employment law judicial orthodoxy and its development. There is no need to take a career break to study with us; our LLM in Employment Law is is preserved.
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p.1 “ban” and discuss whether such
necessities to purchase, books become
receive parcels; the difficulty occurs as
an unaffordable luxury.
there are differing conceptions as to the
assessed and reviewed in a jurisdiction
As the debate has continued the
status of prisoners’ rights.
which has yet to firmly establish the
argument has broadened to assert that
Liora Lazarus brought our attention
status and extent of prisoners’ rights.
in reference to the aims of educating
to this issue in her 2006 Modern
Changes to the “Incentives and Earned
and rehabilitating prisons, the “book
Law Review article “Conceptions of
Privileges Scheme” were introduced
ban” simply cannot be a good thing.
Liberty Deprivation”. Lazarus stated
in April 2013, under Prison Service
Mark Haddon, author of The Curious
that we “must determine what is
Instruction
There
Incident of the Dog in the Night-Time
contained in the custodial sanction
are only two exceptions to the rule;
stated that it is a “counterproductive”
as a sentence as distinct from what
a one-off parcel which can be sent
policy, “gratuitous and mean-spirited”
is entailed in the administration of
following conviction and, in exceptional
which “fails to acknowledge the vital
the custodial sentence.” She noted
circumstances, parcels may be sent at
part books play in educating and
that it is “imperative to distinguish
the discretion of the prison governor.
rehabilitating prisoners.”
between the liberty and rights lost as a
Cook referred to the changes as part
Furthermore, Geoffrey Robertson QC
consequence of the custodial sanction,
of an “irrational punishment regime”
has argued that the government could
and that lost as a consequence of
stating that ‘”punishing reading is
be acting illegally in inflicting “cruel
prison administration.” She refers to
as nasty as it is bizarre”. There has
and unusual punishment” on literate
this as the necessity to recognise the
been an outpouring of criticism from
prisoners. Robertson, joint head of
“key distinction”.
authors and academics including Mary
Doughty Street Chambers has stated
The “primary importance of liberty”
Beard, Carol Ann Duffy and Philip
that Chris Grayling “has no power
demands that any rights limitations
Pullman. The reaction has been hugely
to impose additional punishment on
are justified. The context in which a
emotive, with Pullman stating that
prisoners over and above that which is
prisoner’s rights are limited must be
the prohibition was “one of the most
imposed by the courts. The action has
explicit: “A failure to make explicit
disgusting, mean, vindictive acts of a
nothing to do with prison security or
in which context the limitation of
barbaric government”; Duffy said it
any other legitimate purpose."
a right is or is not justified would
hurt the "soul of the country".
From a literary and liberal background
not only undermine the rigour of the
The particulars and realities of the PSI
such
understandable.
proportionality exercise, it would result
have been widely debated. Criticisms
However
beyond
in unsatisfactory legal opacity” writes
of the changes have been rebutted
and emotional arguments, and to
Lazarus.
with clarifications that there is in fact
review whether the PSI conflicts with
The
no “book ban”; prisoners remain able
rehabilitative
withstands
implementation of PSI 30/2013 have
to purchase items from the NOMS
legality tests, we must examine both
failed in this regard by entangling rights
National
Product
the purpose of imprisonment and the
lost due to administration with rights
suppliers
approved
status of prisoners’ rights.
lost due to sentence. The prohibition
governor and access to prison libraries
The imposition of this policy deprives
on parcels has been justified by the
remains. Those advocating the removal
prisoners of the right to receive parcels
administrative concern of smuggling
of the “ban” have countered that prison
outside of the exceptions provided. To
contraband items: “it is inconceivable
libraries are often badly stocked and
assess the legitimacy of this policy we
that we could impose the additional
inadequate, with understaffing leading
must first ask what rights prisoners
operational burden on our staff of
to
compromised
have to receive parcels, and what
carrying out detailed assessments of
library visits. The Howard League
limitations those rights are subject to.
an unlimited number of parcels coming
notes that an employed prisoner is
It has never been stated that there is
into prisons” and in reference to the
paid approximately £8-10 a week. With
a fundamental right for prisoners to
curtailment of rights as part of the
changes can ever be properly
PSI
inconsistent
30/2013.
List by
and
or the
through prison
outrage to
is move
aims
and
heated
arguments
supporting
the
the barrister
11
ought
As Lazarus emphasises without guidance
imprisonment constitutionally defined”;
only be rewarded to those prisoners
on the distinction between personal and
the German Prison Act was passed in
who engage in "proper rehabilitative
residual liberty “the English conception
1976 to give expression to the above
activity".
of the prisoner’s legal status is not
principles.
In implementing the PSI Chris Grayling
sufficiently robust to fulfil the principles
Meanwhile the approach to the prison
muddles two differing aims and fails
of legality and proportionality,” meaning
system in England and Wales is politically
to
changes in policy cannot be properly
responsive,
Without recognising in which context
assessed or challenged.
interest and to the fluctuations of party
a right is limited it is impossible to
Lazarus
review whether the curtailment of the
maintaining
custodial
sentence;
recognise
the
privileges
key
distinction.
subject
both
to
public
integral
to
politics. Courts in England and Wales
distinction
is
courts have developed two lines of cases
right is legitimate and proportionate.
the need to have “guidance as to the
“one which has tacitly accepted and
Grayling’s statements are not altogether
purpose or rationale of both the penal
built upon the key distinction, the other
surprising since, as Lazarus states, in
sanction and the purpose of prison
operating on an implicit conception of
England and Wales “there is no clearly
administration.” Lazarus compares the
the indivisible of the offenders’ liberty.”
articulated
the
jurisdictions of Germany and England.
Whilst Daly, a case concerned with
limitation of rights as a result of the
Germany has the advantage, not merely
the
imposition for the criminal sentence and
of recognising the divisible nature of
correspondence saw Lord Bingham state
limitation of rights during the day-to-
prisoners’ rights, but additionally of
that a custodial “order does not wholly
day administration of prisons.”
having the “resocialisation purpose of
deprive the person confined of all rights
distinction
between
outlines the
that key
surveillance
of
prisoners
legal
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12
T
the barrister
The above highlights the difficulty
the purposes of the prison system.
in
purely
Lazarus suggests that, “the primary
arguments
importance of liberty demands that
Establishing
legislature and courts deliver stable and
defined purposes for both prison
clear frameworks which determine the
administration and for imprisonment
exercise and extent of its deprivation. A
would define how changes and reforms
new Prison Act clearly delineating the
could be challenged and reviewed
prisoner’s legal status in England would
in future. As Lazarus states “If we
be a crucial advance in this process.”
were to decide that the purpose of
Whether a new Prison Act is introduced,
prison administration was primarily
or whether courts begin to take a more
punitive, there would be little room
consistent approach regarding divisible
to argue against severe limitations of
rights, steps need to be taken, without
prisoners’ residual liberty and human
progress prisoners’ rights will remain
rights within prisons.” Alternatively if
undefined and subject to arbitrary and
the purpose of prison administration
fluctuating limitations.
moving
heated
and
against
the
forward emotive changes.
from
enjoyed by otherhe citizens. Some rights,
was tailored towards rehabilitation
perhaps in an attenuated or qualified
then “the justification for a punitive
form, survive the making of the order”
style of prisoner administration, and
Nilson countered that “it is not so easy
its consequent restrictions on prisoner’s
to define the test of what are the natural
rights, would be limited.”
incidents
imprisonment,
Whilst there is ambiguity regarding
and these are certainly susceptible
the purposes of imprisonment and
to change as a result of changes in
the purpose of prison administration
attitude to punishment.” Wavering from
there is no purpose against which
commitments to rehabilitative justice to
the proportionality of a measure can
stronger ‘prison works’ mantras, “there
be assessed. Furthermore without a
is no fixed political or legal consensus
definite view of what prison is for there
as to the nature and purpose of the
is no guidance for which reforms and
sanction of imprisonment or, for that
changes should be made.
matter, of prison administration within
For now the campaign to overturn
the English system.”
the changes continues to grow, with
As
Haven
of
penal
Distribution,
a
charity
international
artists
joining
the
which provides books to prisoners has
movement of British academics and
stated, “From our experience there is
writers
a constant battle between punishment
to
and rehabilitation and the two are at
shifting political beliefs on the aims of
loggerheads in prisons. The punishment
imprisonment and a tendency to echo
is the loss of a person’s liberty otherwise
the public interest in policy changes,
called imprisonment. Rehabilitation or
it may be that the campaign succeeds
resettlement should be trying to turn a
in reversing the changes. However a
person’s life around by convincing them
reversal of the changes in this instance
of the error of their ways. The banning
would not detract from the necessity
of books seems to just be an additional
for the entrenchment of the divisibility
punishment to us.”
of rights and a definitive decision to
petitioning
review
the
the
“book
government ban”.
With
Maleha Khan Creative Copywriter, Justis Publishing Limited.
The barrister magazine cannot accept responsibility for information supplied by other parties, views expressed may not necessarily be that of the editor or publishers.
the barrister
Acquiring Chambers Premises As with any business, premises issues are of fundamental importance to a Chambers. Not only is premises one of the largest overheads, but it can also play an important role in attracting and retaining members. By Scott Leonard, partner in the Corporate and Commercial team at Russell-Cooke LLP
S
ets are also increasingly recognising that their premises can play an important role in their branding and many see modern, high specification meeting rooms and other client facilities as essential in this context. As a result, there has been a trend over the
last decade or more for Chambers to seek new premises which better accommodate their needs.
Having made the
decision to move, the next question is whether to lease new premises from a third party landlord or for Chambers itself to acquire a property. Many have concluded that they would prefer to be their own landlord. Not only does this allow for a greater degree of control over the premises but it also provides members with an opportunity to invest in commercial property at potentially attractive rates of return. Purchasing a property can be a challenging process from getting consensus for the purchase in the first place, to determining the appropriate structure to use and the logistics of the move. This article looks at the preliminary decisionmaking process, suggests a typical structure that might be used and discusses some of the associated issues that will need to be considered. THE DECISION TO PURCHASE There are two distinct issues that need to be considered when deciding whether to purchase a property. The principal consideration is for Chambers as an entity. Is there a commercial rationale for Chambers moving from
13
14
the barrister
its current premises (with all the
(who can be individuals or companies),
associated costs and disruption) and, if
who hold the property on a bare trust
so, is the premises under consideration
for the members of Chambers who
suitable for Chambers’ needs (both
have
currently and taking into account any
price, in shares proportionate to their
future expansion)?
contributions. The trustees borrow part
If that test is passed, the next question is whether the property concerned stacks up as an investment proposition,
contributed
to
the
purchase
of the purchase price from a bank with the borrowing being secured by a first legal charge over the property.
taking into account the potential rental
The property is leased to Chambers
yield and prospects for future capital
at a commercial rent supported by a
appreciation.
professional valuation. Each investor
If the response to both questions is positive, the next question is whether there is sufficient appetite amongst the members to fund the purchase. Somewhere between 30 to 50 per cent of the purchase costs will need to be
is entitled to their proportion of the rental income, which may be used to discharge their share of any borrowing. Each investor also indemnifies the trustees against their share of all trust expenses.
applicable). The structure is flexible enough to accommodate both SIPP and non SIPP investments. In fact an investor can hold part of their share in a SIPP and part in their personal capacity and may even transfer units between the two (on commercial terms and subject to compliance with the other requirements of pensions legislation). There are annual limits on pension contributions and a lifetime limit on the size of an individual’s pension funds. There are also restrictions on the maximum amount which a SIPP may borrow. Whilst attractive for many, investing through a SIPP may not be suitable for all and it is important that
raised from members’ own resources
The bare trust is tax transparent and
members take independent financial
(with the balance being borrowed
has no separate legal personality. A
advice for deciding to do so.
from a bank). Occasionally the project
trust deed regulates the relationship
will fall at this hurdle with members
between the trustees and the investors.
reluctant to commit to a property
Amongst other things, the trust deed
Finding a lender who understands
investment of this type.
will deal with the sale and purchase of
Chambers’ requirements, is able to
shares in the property and set out what
offer competitive terms and move
happens in relation to their share if a
quickly enough to meet the transaction
member leaves Chambers.
timetable is essential.
A SUGGESTED STRUCTURE A bare trust is a popular structure for purchasing Chambers property.
BORROWING
Naturally Chambers’ existing bankers
Using this structure, the property is
PENSIONS
will often be the first port of call, but
purchased by two or more trustees
The tax transparency of a bare trust
they are not always the best option
makes it attractive to hold a share in
and it is prudent to talk to a number
the property through a self-invested
of potential lenders to establish what
personal pension scheme (“SIPP”).
terms are available in the market
The main advantage of doing so is that all rental income and capital gains (on disposal of the share) will be tax free in the SIPP. Using a SIPP can also assist members with raising the necessary funds, either by transferring an existing pension fund to their SIPP or by making a pension contribution. The net pension contribution will be boosted by tax relief at 20% which is reclaimed by the SIPP (with higher rate tax relief being claimed on the investor’s tax return, if
and get a feel for which bank is best equipped to deal with a transaction of this type. Commonly lenders will propose that Chambers moves its banking to them as a condition of the loan. However Chambers are often reluctant (for good reason) to disrupt their banking arrangements and most banks are prepared to treat the property purchase in isolation if pushed. The bank will be looking to ensure
the barrister
15
that the property represents adequate security and that the loan repayments can be comfortably serviced from the rental income. This will be “stress tested” to ensure that there is adequate rental cover should interest rates increase over the term of the loan. In deciding upon the lender, clearly the interest rate, arrangement fee and other fees charged will be significant factors. However it is also important to seek a commitment from the bank to a lengthy loan term, ideally 10 or 15 years to reflect the term of the lease. Banks will often seek a right to review the facility after a relatively short period of say 2 or 3 years. This should be resisted if
lease with potentially significant rental
and do fall, and those participating must
possible as refinancing can be a costly
and other liabilities over the term, it is
accept that risk).
and time consuming process.
a good idea for Chambers to review the
VAT VAT is another potentially thorny issue. Commonly the property to be acquired
arrangements in place for discharging Chambers’ costs and indemnifying those (often the Head of Chambers) assuming liabilities on behalf of Chambers.
By ensuring that all member of Chambers contribute to their use and enjoyment of Chambers (through their contribution to the rent) and that investors receive a commercial return on their investment,
has been opted to tax and the purchase
This is likely to involve a review of
Chambers can ensure that everyone,
price is therefore subject to VAT. In order
the Chambers’ constitution to ensure
including members who do not own a
to recover the VAT, the trust will need to
that the indemnity arrangements are
share in the premises and investors who
opt the property to tax and register for
adequate and holding a Chambers’
have left Chambers, is treated fairly and
VAT. This will also mean that the trust is
meeting to approve the lease terms. It is
that Chambers enjoys the benefits of the
able to recover any VAT which it incurs
not uncommon for Chambers to put in
move for many years to come.
in connection with the purchase and any
place specific indemnity arrangements
subsequent refurbishment.
in respect of liabilities under the lease,
The registration process itself is an administrative task and not unduly burdensome. However, if VAT is payable there are two knock-on consequences. The first is that Stamp Duty Land Tax is payable on the VAT element of the purchase price in addition to the price itself (tax on tax!). Secondly, although the VAT may be reclaimed it will need to be funded in the short term, which causes a cash flow issue which needs to be addressed. CHAMBERS INDEMNITIES As Chambers will be entering into a
in addition to the standard constitutional
Scott Leonard is a partner in the
arrangements.
Corporate and Commercial team at Russell-Cooke LLP and has advised
CONCLUSION
many Chambers in connection with
Many Chambers have taken the plunge and purchased premises and for most it has been extremely successful, providing modern
new
facilities,
a
healthy
investment return and the flexibility of being their own landlord. An essential element of a successful purchase is to ensure that the move works both for Chambers as a practice and also quite separately as an investment proposition (although of course property values can
their property purchases.
16
the barrister
Rationing Forensic Science The commoditisation of the forensic market in England and Wales means that police Casework Submission Units select forensic services from a menu of largely fixed-cost options. If their administrators are not aware of the potential strengths and limitations of forensic analysis, and submissions are under extreme financial scrutiny, the question of science- versus cost-led investigation arises. Are robust strategy decisions being made, or is cost the defining factor? Is forensic science being rationed to the detriment of the court? By Jo Millington BSc (Hons) MSc PGCert MIABPA, Senior Forensic Scientist, Manlove Forensics Ltd
I
mpartiality, independence and
a transition from public service to
potential to be stifled when budget is
integrity are the foundations
commercial enterprise that is difficult
limited and when budget is a defining
of
a
for practitioners who have spent a
factor in decision making it becomes
forensic
forensic
science.
scientist,
As
are
significant proportion of their careers
increasingly difficult to maintain best-
qualities that evolve during
in the ‘old world’. In some eyes the
practice. If this state is to continue,
our
formative
they
in
new horizon is colonized with limit and
then investment in training is urgently
science and we arguably donate them
training
imbalance and we should take care to
required so that individuals tasked with
to our profession for free.
navigate it properly.
making these decisions are informed in
It is our
personal responsibility to nurture and
terms of what the forensic science can
sustain them and we entrust them to
It would be futile to present an argument
deliver, given the questions that are
a system which we hope will protect
against change but we must ensure
being asked, and where their limited
and develop them. Historically, these
that undue restrictions are not placed
resources would be best directed. It
qualities and the ‘civil service ethos’ fit
on the provision and scope of forensic
is also necessary to ensure that those
extremely well with the way in which
investigation and that quality is not
delivering
forensic services were commissioned
undermined. These restrictions can be
services are not being asked to run
in the UK. However, since the closure
‘budgetary’, for example because spend
before they can walk. Whilst graduates
of the Forensic Science Service (FSS),
on an offence type may be capped (volume
may offer a cost-effective solution in
and in a transitioning market, we have
crime events rarely command unlimited
the delivery of time and cost limited
a professional responsibility to ensure
resources) or because the instructing
services, their effectiveness in the UKCJS
that these virtues are protected, that an
administrator has been asked to reduce
is only resolved if their contribution is
unbiased approach is encouraged and
the number of items being submitted for
appropriately validated and certified.
that forensic practitioners are able to
‘costly’ examination. Or the restrictions
Is it appropriate to call as a witness an
continue to deliver robust science to the
may
expert who has never had court training
UK Criminal Justice System. Reasonable
relative inexperience of practitioners
expectations we might assume, but has
who are being asked to screen items
the market changed so radically that it is
for a particular evidence type before
Traditionally
no longer practical to retain this system?
submission, without necessarily having
forensic
The
commoditisation
of
be
‘intellectual’,
due
to
the
high
throughput
forensic
or set foot inside a court room? the
strategy
compilation would
of
evolve
a in
forensic
a wider awareness of forensic potential.
conjunction with a laboratory-based
science through the national forensic
These may be generalisations, but if only
practitioner. More frequently it is being
procurement
continues
a fraction of decisions are influenced
developed in forensic submission units
to present a significant challenge to
on this basis, the broader rationale for
in consultation with a readymade menu
forensic provision. The approach that
forensic submission and examination
of forensic options and costs. This means
it encourages can sit uncomfortably
requires review.
that the experience that was relied upon
with
the
framework
traditional
ethos
of
the
forensic scientist and it can require
to support effective decision making is Effective strategy decisions have the
being diluted, or worse, lost from the
the barrister
17
market. This approach develops a self-
of a non-partisan forensic strategy.
will undergo an informed review in light
fulfilling rationale that forensic tests
It is arguably impossible for police
of changing scenarios, or in preparation
do not offer value for money because
laboratories,
for trial and because of this, the defence
misdirected requests have generated
not,
inconclusive or failed test results. A clear
which investigate the prosecution and
primary examinations and presenting
example is the prominence of tests that
defence hypotheses; a) because their
prima facia evidence to the court.
are directed towards the recovery of
investigations are unavoidably offender-
Arguably neutralising any perceived
DNA. Surely DNA will tell us ‘who did it’?
centred and b) because the work that they
cost-efficiencies that were sought at the
Recent rulings by the Court of Criminal
procure is subject to extreme financial
start of the process. Is this acceptable?
Appeal for England and Wales, including
scrutiny. This leads inevitably to the
Scientific provision in the defence market
of Dlugosz, have demonstrated that DNA
situation where in order to investigate
is
is not the Holy Grail of forensic science
an allegation of kicking and stamping to
industry benchmark accreditation has
as originally thought, and the more
the head of the complainant only a left
been achieved by a number of providers
appropriate question is not necessarily
training shoe is submitted for forensic
who offer defence services, the results
‘who could it have come from’?, but
analysis. It is also the reason why
that they generate are not compelled
‘how did it get there’?
complex forensic findings are distilled
to be disclosed and in almost all cases
into one line summary reports for
are not subject to independent re-
The development of police in-house
charging purposes and it is why forensic
testing or review. Surely all forensic
services, which has been accelerated
examinations are conducted in a staged
providers should function at the same
by
financial
pressures
within
to
whether
commission
accredited
or
examinations
are
instructing
arguably
increasingly
less-regulated.
more
Although
the
approach and stopped at the first sight
level of accreditation, proficiency and
market and the dissolution of the FSS,
of a ‘positive finding’. There is very little
competence?
increases concerns over the delivery
cogent evidence that a forensic strategy
Whilst the preference is that all defence
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Unlike off-the-shelf packages, which are appropriate for most clients, HNWIs need a bespoke policy that is tailored to cover their particular assets. “Our ‘Client Managers’ are risk specialists who can meet clients at their home to assess the property that they want to have covered in their policy and what aspects of their lifestyle may heighten risks,” says Matthew Schofield, head of Zurich Private Clients. “Our risk survey identifies and evaluates risks to assets such as works of art and high-value vehicles, but also specifically reviews the adequacy of security and fire protection.” When policyholders do have to call on Zurich Private Clients, when the unexpected happens, they can expect excellence in claims handling, with flexibility in the solution to fit the individual’s needs. He adds: “We can often directly source customised replacements and repairs with luxury cars or watch brands, for example. We can have one-off items of jewellery remade to replace the lost or stolen originals where clients have photographs of them or we can, of course, simply arrange for a cash settlement. Our real time customer feedback currently rates our claims service as ‘world class’ and we’re delighted to have been shortlisted as finalists for two insurance industry claims excellence awards in 2014.”
Aware of the extensive needs of HNWI’s, Zurich Private Client’s Home, Travel and Motor policies provide some of the widest covers available in the market, which is backed by specialist underwriting teams who can tailor policies to exactly match the requirements of the customer. Mr Schofield concludes:
“At Zurich Private Clients our philosophy is simple – we treat every client as an individual and tailor everything we do to meet his or her specific needs.” To find out more, contact your existing insurance intermediary and ask about Zurich Private Clients or if you don’t deal with an intermediary currently, please contact us on 0845 305 0000 or email enquires@zurichprivateclients.co.uk quoting reference ‘Barrister’
Zurich Private Clients – where excellence meets expertise.
_061NU_137462A01 (A4Single).indd 1
07/05/2014 11:47
18
the barrister
been sexually assaulted at his home. The complainant stated that after leaving a bar in the early hours of the morning, she had no recollection of anything until her next memory of being in an underpass in the morning. This raised the issue of whether or not she would have been capable of giving consent. DNA matching that of the defendant had been detected on samples taken from the complainant and the case went to trial. The defendant stated consent and that the complainant had worn an item of his clothing at times during the evening, including when they were intimate, which she denied. The defence reviews should be done by regulated
and efficiencies are more difficult to
instructed an examination in order to
practitioners
developed
achieve, justification to finance these
investigate if there was any evidence
industry standard competence and are
who
have
‘ancillary services’ become increasingly
that the defendant’s clothing had been
working in an appropriately (UKAS)
difficult.
worn by the complainant as alleged. A
accredited facility, funding pressures
With collaboration and training in
sample of material from the inside back
(including those conferred by the Legal
what our discipline can offer, Casework
was recovered in order to establish if
Aid Authority) and a variable profile of
Submission Units and other users will
DNA matching the complainant, which
providers from lone minds to collectives,
be able to make an informed decision
may have transferred had she worn the
means that the market is as vulnerable
based on what forensic providers can
item, was present. The DNA analysis
to disparity as the market which serves
actually deliver. From there we can
indicated a mixture of DNA consistent
the Crown. It is interesting to note that
reverse the trend of rationed forensic
with the defendant (the routine wearer)
the LAA cap remuneration rates for a
science being presented to the court
and the complainant having contributed.
forensic scientist to review and comment
and focus on delivering cost-effective
Furthermore, hairs in keeping with
on the scientific findings generated in
answers to case-relevant questions.
those of the complainant were observed.
a case at a rate which is largely below
Although this evidence could not assist
the rate that Crown laboratories charge
Forensic analysis cannot provide the
in progressing the issue of consent,
to copy (or allow access to) the records
wider context for deliberation, it cannot
presented
that the scientist has been instructed to
direct a jury and should not be taken
of
review.
in isolation. When forensic science is
the findings were more likely if the
against
circumstances
the and
framework probabilities,
utilised we must be absolutely satisfied
complainant had worn the clothing than
If forensic provision is to be spread
that
is
if she had not. Circumstantially, the
across the whole market, and conducted
presented is complete, fit for purpose
new evidence was significant and it was
by all players within it, then the field
and in context with the whole case
successfully argued in court that she
needs to be levelled and investment
circumstances: the whole truth and
had been a willing participant and not
must be targeted evenly in all aspects.
nothing but the truth. In my opinion,
incapable of giving consent. Proceedings
This includes in the framework on
the new forensic market has not yet
were discontinued.
which robust science depends: research,
provided
development of services and people,
to demonstrate that forensic science
Streamlined Forensic Reporting – a case
collaboration and continued learning.
submitted to the Crown for consideration
example
None of these elements form part of
is any of these things.
In August 2011, the shooting of Mark
the
forensic
the
evidence
assurances
that
necessary
the procurement framework or the
Duggan sparked violence in London
Legal Aid framework, and as costs are
Fit for purpose testing? - a case example
which eventually spread to almost every
squeezed, at different rates depending
A male was charged with the rape of
major city in England. During this time
on the sector that is being employed,
an individual who alleged that she had
hundreds of individuals were charged
the barrister
19
During the civil disturbances hundreds
approximately two years after the case
of
entered the forensic process. It was
police
dogs
were
It
would
operationally.
employed not
be
only then that the UKCJS was furnished
unreasonable to consider that they
with all of the scientific information on
may have been injured as a result, by
which to consider their case. Although
treading on broken glass for example.
the strengths of Streamlined Forensic
In a forensic context, the presence of
Reporting are apparent, arguably the
animal DNA could be significant. Its
limitations of this process, in a forensic
non-disclosure is also significant and
context, are less well understood.
could be due to a number of issues which are developing in the forensic market. Firstly,
with crimes related to the rioting, over half for burglary. One of these involved the Commercial Burglary of an electrical store in South-West London. During the examination of the scene a blood sample was recovered from the floor of the warehouse. This blood was submitted for DNA profiling and a DNA match conveyed to the police in the form of a Streamlined Forensic Report (SFR), an abbreviated document which is currently being rolled out nationwide to deliver forensic results to the court and fast. The individual was charged and court proceedings began. DNA in a forensic context can provide extremely
Author: Jo Millington BSc (Hons) MSc Senior
reported as fact and any interpretation
Forensics Ltd
of what that finding could mean in the
Post: MFL, Unit 12, The Quadrangle,
context of the case is not presented.
Grove
In addition, the chain of analysis is
Oxfordshire, OX12 9FA
becoming
Email:
increasingly
fragmented.
The sample was recovered by a Scenes of Crime Officer with no confirmation of whether blood had actually been present in the stain. Although it was said to have ‘looked like blood’, it wasn’t tested
chemically.
In
addition,
although
general
photographs the
of
scene
were
available, were
of
none sufficient
resolution to allow the shape of the stain to be investigated. In other words, it wasn’t possible to determine how the
evidence of association. The match itself
stain may have been
in this case seemed to provide a black and
originally deposited:
white framework for conviction, except
had
for two things. Firstly, the defendant had
onto the floor or
worked in the warehouse and felt that
transferred through
his DNA could have been legitimately
contact. Was it paw-
present, in saliva for example. Secondly,
shaped?
all of the information present in the DNA
The
result had not been disclosed in the SFR,
animal
specifically that there were indications
not
of animal DNA in the sample, potentially
the court until the
from a dog.
defence
equally
does
for elaboration. Scientific results are
compelling
and
evidence
Reporting
PGCert MIABPA
of
elimination
compelling
Streamlined
not provide a framework that allows
it
dripped
presence DNA
disclosed
of was to
review,
co.uk
Forensic
Technology
Scientist,
Park,
Manlove
Wantage,
j.millington@manloveforensics.
20
the barrister
What is a Sukuk? The word sukuk has become popularised – or at least better known than it was before at the English Bar and in broader legal and financial circles – by the government’s announced intention (in October of last year) to issue a first sovereign sukuk denominated in pounds sterling in an amount of about £200 million this year or next. By Scott Morrison, Door Tenant, Temple Court Chambers (London) Associate Professor, Akita University (Akita, Japan)
A newly familiar instrument
P
reparations
Some observers consider ‘sakk’ as the
Walmsley in Sohail Jaffer, ed. Islamic
etymological origin of the contemporary
Investment Banking, Euromoney 2010 at 47).
are
conventional instrument, the cheque.
under way led by HM
The Dictionary of Islamic Finance (Aly
Treasury.
to
Khorshid, ed., Euromoney 2011 at 41)
this end have been in
Efforts
traces sukuk to the Umayyad period
progress
since
Definition of sukuk
2007
(661-750 CE) of early Islamic history,
An
with a variety of expert
when soldiers and civil servants were
organisation
groups, consultations and feasibility
paid in the form of sukuk redeemable
Bahrain – the Accounting and Auditing
studies conducted under the auspices
for cash and commodities such as grain.
Organisation
of the government since then. After
international
standards-setting
based of
in
Islamic
Manama, Financial
Institutions (‘AAOIFI’) -- formulated
several years of concluding that such an
In
the
the most widely cited contemporary
issuance would not be value for money,
governments of Bahrain (2000) and
definition (‘the AAOIFI definition’) of
the plan is one among several measures
Malaysia
sukuk as
designed to promote the UK (and the
pioneering sovereign sukuk. In 2004,
City of London most especially) as a
the German state of Saxony-Anhalt
Certificates of equal value representing
world centre of Islamic finance.
completed the first sovereign sukuk
undivided
issuance in Europe. Dubai (United
tangible assets, usufruct and services (in
In addition to the aim of encouraging
Arab Emirates), Saudi Arabia, Kuwait,
the ownership of) the assets of particular
the
Muslims,
Qatar and Pakistan among others have
projects or special investment activity
these measures and the sukuk issue
also closed large sovereign or quasi-
[Standard 17(2)]
in particular have the potential of
sovereign
attracting inward investment and of
Mohamed in Ariff, Iqbal, and Mohamad,
Three principal attributes of sukuk
inviting further access to liquidity and
eds., The Islamic Debt Market for Sukuk
emerge from the AAOIFI definition.
foreign investment in the foreseeable
Securities, Edward Elgar 2012 at 29-35).
First, as a certificate, sukuk are a kind
future by means of corporate issuances
Part of the appeal of the UK sovereign
of security -- like a share or a bond.
of sukuk as well as continued and
sukuk is the possibility of tapping
Some types of sukuk can be traded on
increased listing of foreign sukuk on the
liquidity pools abroad – particularly but
a secondary market, although others
London Stock Exchange.
not only in the oil and gas wealthy states
cannot. (Frequently investors buy and
of the Gulf.
hold until the maturity date due to the
inclusion
of
British
their
modern (2002)
sukuk
instantiation each
(Ariff,
originated
Safari
shares
in
ownership
of
and
‘Sukuk’: a genealogy
limited availability of sukuk secondary The LSE has listed at least 25 sukuk
markets worldwide.)
In Arabic the word ‘sukūk’ is the plural of
issuances with the first corporate sukuk
‘sakk’ – which means legal instrument,
listed there in 2006 (Tabreed Finance)
Second, ownership – as a result of a
document,
(Hans
and the sovereign sukuk of other
true sale/purchase. The ownership is
Wehr Dictionary of Modern Arabic).
countries not long thereafter (Gillian
fractional and each individual certificate
deed,
or
cheque
the barrister
21
on the Islamic finance and banking industry due to the added difficulty and lead-time required to locate assets (that are also lawful). A further reason for the insistence on ownership in a sukuk issuance is a result of Islamic law’s preference for commerce and the collective participation in a commercial enterprise. In addition there is a disapproval of the commodification of money (which is instead deemed a medium of exchange only) and a ban on trading in debt. Interest-based debt transactions are unlawful and charging or paying interest is anathema at Islamic law.
represents an equal part of the whole.
6 Actors' Benevolent.pdf 6 Actors' Benevolent.pdf
6 Actors' Benevolent.pdf
be excluded as the
there is a broader definition of asset that goes beyond a physical or tangible asset
of a sukuk. 6 Actors' Benevolent.pdf
Although
the
(for example, an airplane), to include
evidence is mixed
rights of use (for example, lease rentals)
and opinion divided
and services or investment activities. The asset may be a single asset or a
some
proponents
claim
that
emphasis on asset basing (or backing)
for general operating costs or financial
in Islamic financial
needs; this requirement strengthens the
transactions
claim to being asset-based.
reduces
1
would
be
those
involving
alcohol,
pornography, pork or gambling. For this reason some scholars would consider for example a resort or a restaurant or the hospitality industry broadly conceived haram due to the associated sale and consumption of alcoholic beverages. Some scholars would also consider arms and industries associated with military equipment and procurement off-limits. Depending
upon
the
stringency
of
interpretation a substantial number of assets and associated industries would
09:09
Patron: H.R.H. The Prince of Wales Patron: H.R.H. The Prince of Wales 09:09
09/02/2011
Patron: H.R.H. The Prince of Wales
Patron: H.R.H. The Prince of Wales Patron: H.R.H. The Prince of Wales
the
…a helping hand …a helping hand for actors since for actors since 1882… …a helping hand 1882… …a helping hand …afor helping actorshand since for actors since for actors1882… since 1882… 1882… acting profession is
risk
‘The public’s perception of the ‘The public’s perception of the acting profession is that we are glamorous and well paid but the image that we are glamorous andof well paid but the imageis …apublic’s helping hand ‘The perception the acting poses – both to the of fame and fortune is not the reality forprofession most of ‘The public’s perception of the acting profession for actors since ‘The public’s perception of the acting is is of fame and fortune is not the reality for most that we are glamorous andthe well paidprofession but theof image the profession and for some show will not go 1882… local and to the that we are glamorous and well paid but the that we are glamorous and well paid but the image the profession and for some the show will not go fortune is not thewho reality most ofimage onof– fame thoseand actors and actresses arefor suffering of fame and fortune not thethe reality forsuffering most of goof ofthe and fortune issome not reality for most global financial on –fame those actors andisfor actresses who are profession and the show will not hardship because of illness, accident or old age. the and some thethe show will not go go hardship because offor accident orare old age.not the profession and for some show will onprofession – those actors and actresses who suffering system. The perception asset ‘The public’s of the acting profession isillness, on – those actors and actresses who are suffering on –fund those actors and actresses who areold suffering hardship because of illness, accident or age. that we are glamorous paid but the image The was founded to provide financial support requirement and and well hardship because illness, accident or old age. The fund was founded to provide financial support hardship because illness, accident ormaking old age. of fame and fortune is not thefor reality for most ofofof such individuals. Please help them by the emphasis on forThe such individuals. help themnancial by making fund was founded to provide support the profession and for some the show will not go Please a donation or remembering the fundfiin your will. was founded Please to provide fithem nancial aThe donation or remembering fund in your will. limiting andactors sharing forfund such individuals. help by support making on – those and actresses who are suffering The fund was founded to the provide financial support Thank you.’ for such individuals. Please help them by making Thank you.’ a donation remembering the fund in your will. hardship because of illness, accident or individuals. oldorage. risk disallows a high for such Please help them by making Penelope Keith, C.B.E., DL a donation or rememberingPenelope the fundKeith, in your will.DL C.B.E., Thank you.’ President a donation or remembering the fund in your will. degree of leveraging Thank you.’ President Penelope Keith, C.B.E., DL The fund was founded to provide financial support Thank you.’ -- of the sort that DL Dame Penelope Keith, C.B.E., D President for such individuals. Please help them by making 6 Adam Street, London, WC2N 6ADPenelope Keith, C.B.E., DL President 6Tel: Adam Street, London, WC2N contributed the 020 7836 6378 Fax: 7836 6AD 8978 a donation ortoremembering the fund in your will.020 President Tel: 020 office@abf.org.uk 7836 6378 Fax: 020 7836 8978 E-mail: 6 Adam Street, London, WC2N 6AD Thank you.’ global 2007-2009 E-mail: office@abf.org.uk Registered Charity No. 206524 6 Adam Street, London, WC2N 6AD Tel: 020 7836C.B.E., 6378 Fax: 020 7836 8978 Penelope Keith, DL Registered Charity No. 206524 economic crisis. Tel: 020 7836 6378London, Fax: 020 7836 8978 6 E-mail: Adam Street, WC2N 6AD office@abf.org.uk President Registered Charity No. 206524 E-mail: office@abf.org.uk Tel: 020 7836 6378 Fax: 020 7836 8978 From another Registered Charity No. 206524 that Islamic finance
Assets that would be unlawful (haram)
09:09 09:09
09/02/2011
the
used for particular projects rather than
The asset itself must be lawful (halal).
09/02/2011 09/02/2011
Patron: H.R.H. The Prince of Wales
pool of assets. Sukuk are intended to be
Assets and ownership
1
6 Actors' Benevolent.pdf 1 09/02/2011 09:09 6 Actors' Benevolent.pdf 1 09/02/2011 09:09
potential asset base Third, sukuk are asset-based. However
1 1
E-mail: office@abf.org.uk
perspective the WC2N 6ADwww.actorsbenevolentfund.co.uk Registered Charity No. 206524 6 Adam Street, London, Tel: 020 7836 6378 Fax:Actors 020 7836 8978Ad.indd 1 Benevolent 9/12/05 16:24:10 asset requirement Actors Benevolent Ad.indd 1 9/12/05 16:24:10 E-mail: office@abf.org.uk
Registered Charity No. 206524 also acts as a brake Actors Benevolent Ad.indd 1 Actors Benevolent Ad.indd 1
Actors Benevolent Ad.indd 1 Actors Benevolent Ad.indd 1
9/12/05 16:24:10 9/12/05 16:24:10
9/12/05 16:24 9/12/05 16:24:10
22
the barrister
In addition to the ban on interest (riba),
ex post. These scholars should also have
accessed 17 March 2014) in October
speculation or excessive uncertainty
a role in reviewing and approving the
2012 (Patrick Jenkins and Camilla
(gharar) and gambling or games of
actual
documentation.
Hall, “HSBC’s Islamic closures highlight
chance (maysir) are also prohibited.
International
standards-setting
dilemma” Financial Times 7 October
Risk and uncertainty are inevitable in
organisations including the AAOIFI and
2012) although it remains an active
any transaction so gharar is (arguably)
also (in Malaysia) the Islamic Financial
participant in the global sukuk market.
best interpreted as a ban on excessive
Services Board (‘IFSB’) have published
levels of risk and uncertainty.
guidance on the attributes and the
Types
responsibilities
underpinning sukuk
transactional
of
shari’a
scholars
of
nominate
contracts
Sukuk are not infrequently equated with
-- who are typically constellated as a
bonds producing the appellation ‘Islamic
shari’a board, and employed by an
As a capital market overlay, sukuk
bonds.’ This is a helpful shorthand for
Islamic financial institution.
sit atop a contract or a series of
those familiar with conventional finance;
nominate contracts. There are fourteen
furthermore the economic function of
The corporate governance of Islamic
contract types that have received wide
sukuk can mirror that of conventional
financial
recognition both by the AAOIFI and
bonds. However scholars of Islamic law
challenges, as well as regulatory issues
by
would maintain that the equation is not
with
Conduct
Each contract type may be used singly
strictly accurate as the requirement of
Authority (‘FCA’) must deal. For example
or combined with the other contract
assets and ownership render sukuk
possible divergence between shari’a
types as the underlying commercial and
equity, not debt, instruments.
boards could be exploited in a form of
contractual basis for a sukuk.
institutions
which
the
poses
specific
Financial
shari’a
scholars
internationally.
arbitrage, undermining the perceived Shari’a compliance
shari’a compliance of the issue (and of
The sequence of consultation papers and
the sector more broadly). Depending
responses published by HM Treasury (in
instruments
upon the incentive structures in which
collaboration with the Debt Management
authorised in Islamic banking and
shari’a scholars are embedded, conflicts
Office and with the Financial Services
finance claim consistency with the
of interest are also possible. In addition
Authority as it then was) took up for
principles
Sukuk
and
all
of
other
commercial
to specialising in Islamic commercial
consideration
jurisprudence (fiqh al-mu’āmalāt). This
Islamic
jurisprudence shari’a scholars must
types out of the fourteen (“Government
central tenet of the business enterprise
possess a sufficient understanding of
sterling sukuk issuance: a consultation”
is commonly summarised as that of
modern economics, financial law and
November 2007).
‘shari’a compliance.’
UK regulations.
two
possible
contract
The first of these is a purchase and lease It should be noted, however that shari’a
Advising HM Treasury on the Sukuk
is not a comprehensive legal code; nor
back agreement (sukuk al-ijara). The second is a partnership contract (sukuk
could it be considering its pre-modern
No
have
al-mudaraba.) In both cases a trust (a
origins. In the context of contemporary
been made about the composition or
Special Purpose Vehicle; hereinafter
banking
and
finance
shari’a
public
announcements
is
personnel who will comprise the shari’a
‘SPV’) acts as the issuer of the sukuk
better understood as an ensemble of
board for the sovereign issue. However
certificates. The SPV is bankruptcy
principles and accepted practices the
the Treasury has selected Linklaters to
remote from the originator -- in the case
application and enforcement of which
advise on it, together with HSBC Bank
of this sovereign issue, the government.
requires some flexibility, adaptation,
(Natalie
as well as interpretative acumen and
role for Government on UK first-ever
jurisprudential skill.
Sukuk issue” The Lawyer 31 January
Stanton,
“Linklaters
wins Sukuk al-ijara
2014). The selection of HSBC is open
Lease rentals are the source of returns
Hence the UK sovereign issue, as with
to some question since HSBC appears
to
other shari’a-compliant transactions,
to be exiting the Islamic financial
government identifies an asset or pool
must be vetted by Islamic legal scholars
sector,
dedicated
of assets to sell to the SPV (‘the asset’).
who
and
retail division HSBC Amanah in the
The SPV gives the investors the sukuk
principles to the particular transactions
UK and several other countries (bank
certificates in exchange for capital which
ex ante, and who monitor compliance
notice at http://www.hsbcamanah.com
funds the purchase of the asset from the
apply
the
existing
rules
having
closed
its
investors
in
this
contract.
The
the barrister
23
government. The SPV then leases the
At
asset back to the government on pre-
operates. The government buys the
Door Tenant, Temple Court Chambers
agreed commercial terms.
investment asset and the SPV transfers
(London)
the proceeds as the redemption payment
Associate Professor, Akita University
to the holders of the sukuk.
(Akita, Japan)
The government also enters a purchase
maturity
the
purchase
promise
agreement with the SPV, undertaking to buy back the asset at maturity (‘the
Scott Morrison
morrison@gipc.akita-u.ac.jp Conclusion
promise to purchase’). The rental payments for the usage (usufruct) of the asset by the Government (with the government being responsible for its maintenance) are transferred by the SPV to the sukuk holders as periodic distributions -- the equivalent of the periodic coupon payments of a conventional bond. At maturity the promise to purchase operates. The asset is sold back to the government and the SPV transfers the purchase funds to the investors as the redemption payment.
From a low base Islamic finance has grown rapidly over the last decade or so. Although its products -- including most prominently sukuk -- are still novel, there is a critical mass of practitioners and professionals possessing increasing familiarity and with it the ability to better meet the legal, regulatory, accounting and technical challenges that remain. Whilst starting small the initial UK sovereign sukuk is a measured and careful first step in increasing and diversifying the scope of financial services in this country. It is a promising if incremental development.
Sukuk al-mudaraba In this contract type investors purchase the sukuk from the SPV. The SPV transfers the proceeds to the government, which acts as the entrepreneur and which invests that capital in a shari’a compliant investment
activity
(‘the
investment
asset’) on terms set out in the sukuk issuance prospectus. In addition to the mudaraba agreement between the government and the SPV, the government also acts as obligor furnishing an undertaking to purchase the investment asset at maturity (‘the purchase promise’). In a pre-agreed ratio the government transfers the returns from the investment asset to the SPV as periodic profit
Chambermade would like to personally thank all respondents for their recent notifications of interest; the response has been overwhelming Further panel registration announcements will be made shortly
distributions. The SPV in turn channels the distributions to the investors -- in the equivalent of the periodic coupon payments of a conventional bond.
www.chambermade.org
24
the barrister
To disclose or not to disclose: That is the age old question Dexter Flynn, an English Solicitor in the litigation department at Voisin in Jersey, looks at a recent case before Jersey’s Royal Court concerning disclosure of trust documents to a beneficiary.
T
he
disclosure
of
the Court in effect to bless their
role in the decision making process as
by
refusal; the disappointed beneficiary
to how they discharge their own core
a
may make a challenge to the trustees’
obligations”, as this would not afford
beneficiary is an issue
negative exercise of their discretion to
adequate protection to beneficiaries.
that vexes most trust
disclose; or the beneficiary may simply
The Royal Court referred to the judgment
practitioners
a
seek to invoke an original discretion
in In re Rabaiotti (1989) Settlement
daily basis. The Royal Court has recently
in the Court (Breakspear -v- Ackland
[2000] JlR 173 in which the Judge talked
given further assistance in this “knotty”
[2008] EWCH 220).
in terms of the Court, not the trustee,
area.
The
In the case entitled In the Matter of the
established
y Trust [2014] JRC 027, the Court had
Breakspear that, as with any other
Rouse -v- 100F Australia Trustees ltd
blessed the decision of the trustee (the
exercise
discretionary
[1999] 73 S.A.S.R. 484, approved by
“Trustee”) of the y Trust (the “Trust”)
powers, trustees are not obliged to
Rabaiotti, that the discretion of trustees
to refuse disclosure of information
provide reasons for their decision as to
is “a limited one which must always be
concerning the Trust to a former
whether to disclose trust documents to
limited by the general duty of disclosure
beneficiary who had requested the
beneficiaries and that it is not a matter
by a trustee”.
information for the purpose of assisting
for criticism if trustees do not either
The Royal Court held that, once the
her husband’s claim against the settlor
give reasons or apply to the Court for
issues of disclosure of trust documents to
of the Trust. The Court’s blessing was
directions if minded not to accede to
a beneficiary is before the Court, it will
given on the basis that it would have
a beneficiary’s request for disclosure.
exercise its own discretion, not merely
reached the same decision if exercising
Unless the trustees make an application
review a decision of the trustees. The
its own discretion, as it was clear that the
to the Court seeking to surrender their
Court expressly wished to leave open
information was sought by the former
discretion, the decision will be that
the question of whether this jurisdiction
beneficiary with a view to proceedings
of the trustees and it will stand in the
should follow the decision in Breakspear
which might involve an attack upon the
absence of a successful challenge of the
to a future case where full argument can
assets of the Trust, which would not be
decision or invocation of the supervisory
be heard.
in the interests of the beneficiaries as a
jurisdiction. Where the matter is referred
whole.
to the Court, the Court will exercise its
Dexter Flynn, English Solicitor, Voisin
The application raised the issue of
own discretion.
Law Firm
the function of the Court; namely
However, the Royal Court considered
whether the Court was exercising its
that, whilst it is well established that
Dexter,
own
information a
discretion
in
trustee
to
on
supervising
Royal
Court
referred
position
of
trustees’
set
to
the
having a discretion to refuse disclosure
out in and to the Australian court’s view in
admitted
as
a
solicitor
in
and
the Court should not usurp the role of
England and Wales in 1995, has been
intervening in the administration of a
trustees, its function may arguably be
with
trust or merely considering the decision
quite different when it comes to the
for over 15 years. A respected and
of the trustee.
enforcement of trustees’ fundamental
experienced commercial litigator Dexter
A disclosure issue may be presented
obligation to account to beneficiaries
has been involved in many high profile
to the Court in four ways: the trustees
compared
cases over the years representing clients
may seek to surrender their direction
conferred on them by a trust instrument
to the Court; the trustees may, without
and that “intuitively it does not seem
surrendering their discretion, invite
right that ... trustees can have a central
to
exercising
powers
Voisin’s
Litigation
Department
from numerous jurisdictions.
25
the barrister
How the Use of Technology Can Lessen the Impact of Increasing Regulation of Chambers By Helen Ford, Managing Director, Bar Squared Ltd
T
here
been
upfront as a package and then install
require additional services or increased
of
it onto your computer. Software as a
storage capacity, they are immediately
the
Service users, however, subscribe to
available on demand;
legal profession in
the software rather than purchase it,
recent years, none
usually on a monthly basis. Applications
•
more onerous than
are purchased and used online with
updates are immediately available to
files saved in the cloud rather than on
existing customers, so everyone may
individual computers.
benefit from the latest enhancements;
and its staff. Many may soon struggle
SaaS is a scalable platform so, as the
• Device
to fulfil their duties and comply without
requirements of chambers increase,
applications can be accessed via any
increasing their reliance on technology.
services can be expanded without need
internet enabled device, such as mobile
for significant capital expenditure and
phones and tablets. This is a relief for
How will chambers react to mergers,
long lead times. Likewise, in times of
users who don’t always use the same
consolidations, pressures on existing
consolidation, services and fees can
device or operating platform;
staff and further regulation?
be reduced as required, resulting in
a
has myriad
changes
those relating to regulation.
to
These
changes have massively increased the administrative burden on Chambers
What
•
Updates are automated – online
compatibility
-
Remotely Accessible - rather
options are available to them?
immediately cost savings.
SaaS
There are a number of reasons why
individual computers, an application
SaaS is beneficial to chambers:
can be accessed from anywhere with an
Historically, companies were required to buy, build, and maintain their IT infrastructures
despite
exponential
costs. Software as a Service (SaaS) is a model in which applications are hosted by a third party service provider and made available to chambers over a network, typically the internet. SaaS is often referred to as softwareon-demand and utilising it is akin to renting software rather than buying it. With traditional software applications you
would
purchase
the
software
than being restricted to installations on
internet enabled device. •
Usage is scalable - if chambers
26
the barrister
Document Management
of documents can be deposited and
tracking and saving of email into case
distributed in a secure, automated
management systems streamlines the
The increase in Direct Access work
environment
administration of case files ensuring
brings with it additional administration
management
requirements as chambers communicate
to barristers involved in the case.
against the correct file and reduces
Encryption can be enforced throughout
the administration burden in achieving
the process.
this. In conjunction with the delivery
to
the
system
chambers
and
onwards
that
all
communication
is
stored
directly with the client on all aspects of a case.
Document management and
archiving becomes a key requirement and technology can be utilised to ease the burden. There are numerous online document storage and sharing offerings (e.g. Huddle and Dropbox) but the need for integration with chambers management software,
security
and
control
is
paramount. Emailing large files can be extremely hit and miss, as at any point in the process the sender, service provider or recipients’ email system may restrict the size of file that can be delivered and it could be some considerable time before
of files direct to participants in a case,
the sender is aware that the files have In circumstances
Notification of the uploading of new
this technology alone can save many
where delivery is affected this could have
documents may be automatically sent to
hours each day in copying and pasting
serious consequences as work is delayed
those participating in the case (clerks and
information from emails into case files.
or vital information is unavailable to a
barristers) and distribution undertaken
barrister in court.
without compromising security, also
Email is tracked by automatically adding
saving costs of administration, couriers
case reference tags to letters or emails
and DX.
generated from the case management
not been received.
Sourcing an integrated application that runs with your chambers management software is the ideal solution, as access
software enabling resulting replies to Email Tracking
be uploaded automatically into the
and security can be controlled via the
document management area of the
main software application, invitations
Whilst
sent to the client (Direct Access client,
management
Local Authority etc.) to participate in
email traffic of larger files, there is no
There is no doubt that the administration
accessing their own private document
doubt that email will continue to be a
burden wrought on chambers can be
management portal .
major communication tool. Automated
eased by using technology to assist in
Large bundles
the
utilisation systems
of
document
may
relevant case.
reduce
27
the barrister
those tasks that can be automated and
providers to apply for Legal Aid and
otherwise of the upload.
by scheduling delivery of information
manage certificates.
Providers and
will obviate the need for double entry;
direct to barristers, cutting out manual
counsel can use the system to submit
the only additional information required
processing of reports, for example.
claims. CCMS also allows users to scan
will be supporting documentation that
and attach electronic documentation
should be uploaded to the CCMS case
associated with their application or
file.
Using
your
chambers
management
system to schedule the delivery of aged
This upload
claim.
debt, work done and payment summary
Using
technology
in
an
integrated
reports on a regular basis leaves your
Whilst this introduction will reduce the
manner,
administration team free to turn their
burden on the LAA as chambers input
administrative burden but also provides
hand to those tasks that cannot be
information into CCMS, rather than the
a central repository of information that
achieved without their skill and personal
LAA case worker, it will most certainly
can be utilised to confirm compliance,
attention.
increase the burden in chambers as
reduce budgets and provide up-to-date,
clerks/administrators
real-time information to members and
Apps
will
have
no
option other than to manually enter
Apps for your mobile device are also available so that appointments added via. Chambers’ management software
all claims into CCMS, having already entered the information into their case management software.
can be viewed on your mobile phone
This
or tablet.
Diary appointments are
technology can make a huge difference
synchronised between the chambers
- by introducing a bulk upload facility
software application and your device
chambers
within seconds and, given security
provide functionality where claims may
access, appointments may be created on
be generated in chambers management
the mobile app and will synchronise to
software.
the chambers management software.
create a file of information in XML
Time recording may also be utilised via mobile devices and this also reduces the administration burden by minimising
is
a
good
example
software
of
providers
how
will
Creation of each claim will
format, that will be stored securely until such time that all the claims generated are uploaded to CCMS (typically daily).
the amount of re-keying of information
The upload of the XML files will be
onto fee notes/invoices when billing.
achieved by accessing CCMS using the username and password issued by LAA. The logged in user will then identifying
Bulk Upload
the files of information that should be The LAA is introducing online ways
uploaded and save the information in
of
Family
CCMS. The rules engine in CCMS will
Certificated legal aid. The client and
then validate the files of information and
cost management system (CCMS) allows
report back via its portal the success, or
working
for
Civil
and
regulators.
not
only
minimises
the
28
the barrister
Budget constraints in the legal system reduces the quality of evidence that appears before the courts By Matthew Jackson, Director, Senior Forensic Consultant and Expert Witness at Athena Forensics.
A
lmost monthly the
Clearly,
news
the
includes
a
increased
development
of
attention new
and
process. The presence of an image does
detection
not necessarily mean that the user had
press release from
techniques by the authorities will allow
CEOP or the National
for the identification of such material on
Crime
Agency
the Internet which would, in turn, lead to
Having been involved in the examination
relating to unlawful
investigations by those authorities, often
of computer evidence, predominantly
images and the individuals attempting
resulting in the seizure of computers
within legal cases, for over 12 years and
deliberately created it.
experiencing the expectations of working both within a Hi-Tech Crime Unit of a Police Force and as an independent computer
forensic
investigator
and
Expert for Athena Forensics, I have seen the increase in use of digital evidence within criminal cases and the changes of the quality of the evidence that is relied upon over that time and, as a result, there is a continual movement from an original ingrained process whereby an Examiner would manually review the material in front of them to automated software based processes where the Examiner simply has to wait for results to be produced for them. Almost
all
of
the
cases
involving
unlawful images are based upon the to find such material. The Government
and/or mobile phones from a suspect’s
initial findings of the examination of the
has also recently publicised a policy in
home.
computer evidence by Police. Clearly, these initial findings are critical to the
which Service Providers automatically block the ability for the user to access pornographic
websites
under
the
proviso that, rightly or wrongly, this will prevent children from accessing such material and will prevent adults,
However, the mere presence of an
decision as to whether charges are
unlawful image on a computer or mobile
made against an individual as well as
phone is commonly becoming the only
what Charges are brought. However,
evidence used to form criminal cases
the level of detail to which evidence is
involving such material or to support
initially examined by Police is frequently
other charges. Significant issues, such
lacking.
if they were so inclined, from accessing
as, how they had been created are being
unlawful material.
asked, if at all, far later in the court
As an example, due to budgetary
the barrister
29
constraints and to reduce the backlog faced by Hi-Tech Crime Units, it has become frequent for software named C4P to be used by Police forces. This software automatically scans all data on a hard drive and identifies images, thereby reducing the amount of manual work involved in completing the examination of a computer. Where such an examination may previously have involved the manual review of many thousands of images, this process removes that need by comparing images on a hard drive against a database of ‘known’ images (images previously identified by that Examiner) by the software and, in the event of a match, that image is highlighted as being relevant or unlawful. However, whilst the use of this software enables the ability to identify potentially unlawful material more quickly, there is still a need to carry out some manual tasks, including: i.
The review the material identified to confirm its
relevance. ii.
The requirement for the C4P database to be accurate
and correct. iii.
The images present on a hard drive will still require
review or material that is not contained within the C4P database will not be identified. It is apparent that consideration, other than the existence of the images, is not being fully conducted. Questions such as the location of the images on the hard drive, notably, whether they were located within system/hidden directories or whether they
Adaptability is a good thing. Right? Tailored LLM programmes
were located within user defined areas of the hard drive, the time/date of creation of them or the origins of them or any other number of possibilities are not asked. Therefore, individuals can be faced with charges that have resulted from the mere presence of images identified by automated software with no consideration or investigation as to the significance of those images by an Examiner. One such case was one that I was instructed in earlier this year. A significant number of images had been identified by the Prosecution within backup files on one computer of several that had been examined. The material had been identified through the use of C4P and the report findings and material based upon the results of the use of that software. No further action had been taken and no further investigation of the images or other files on the hard drive had been conducted. The images were
A change of direction can be good, but before you wiggle the wig over the teapot, lets look at some options. Southampton Law School offers a range of tailored LLM programmes in the corporate or commercial field; Maritime Law; Insurance Law; Crime Analysis or even a combination of these areas. So why not talk to Professor Hazel Biggs, Head of School, via email H.Biggs@southampton.ac.uk
or call our Student Recruitment Team on
02380 80599457. www.southampton.ac.uk/lawpg email: pgapply.fbl@southampton.ac.uk
30
the barrister
used to support other allegations that
6 months, after months of investigation
computer
had been made against the Defendant.
by Police and Charges being brought,
that whilst some cases will be missed
that reconsideration has resulted in the
others will be brought about wrongly or
A review of the computer evidence
Prosecution case not proceeding even
incorrectly which, surely, simply moves
confirmed the presence of the material
before the computer evidence has been
the cost of rectification elsewhere within
that had been identified using the
disclosed to us.
the legal system.
based
evidence.
Meaning
C4P software and, whilst the content of a number of those images were
Due to the increased pressure on Police
highlighted as being questionable (e.g.
Hi-Tech Crime Units, further measures
the ages of the individuals and the
are
nature of the images themselves), the
evidence more quickly. For example, the
examination also revealed the presence
initial examination of evidence is now
of
lawful
commonly being conducted within local
pornographic images that were also
Police Stations by relatively untrained
contained within the same backup files.
Officers whose line of work is not
Evidence was also identified to confirm
normally the examination of computers
that those images had been copied to
or mobile phones.
a
significant
number
of
being
undertaken
to
process
the hard drive at the same time and had originated from the same source. The
Currently, it is normally the case that if
Charges relating to those images were
any evidence is identified on a computer
Matthew
later dropped by the Prosecution prior
then it is then referred to the more
Forensic Consultant and Expert Witness
to Trial.
specialist department, however, clearly,
at Athena Forensics.
there is a danger that potential cases
0845 882 7386
Normally, the identification of evidence
will currently be missed and it would
athenaforensics.co.uk
requires that any evidence has been
not require too much imagination to
investigated in order to determine its
presume
significance. Even, if the Defendant
would result in the additional work
accepts responsibility for the creation
being seen as unnecessary. This already
of images any number of processes can
occurs with the evidence retrieved
result in the duplication of images. For
from mobile phones whereby generic
example, different system processes
techniques are adopted which results,
on a computer can result in the files,
on occasion, with significant material
including
not being found.
unlawful
material,
being
that
further
developments
duplicated which is then reflected within the Charges. The duplication of files on
Unfortunately, whilst there is a focus on
a computer is not necessarily a manual
highlighting, removing and identifying
action and can take place without any
unlawful
user interaction and once properly
by authorities, those who face the
investigated can result in them being
challenges of examining and presenting
removed from the Charges, greatly
evidence within any cases that occur
affecting the sentencing outcome to
as a result and the lawyers themselves
reflect the actual actions and offences
are being driven to reduce costs in the
committed by that individual.
ensuing legal process. These budget
material
on
the
Internet
reducing attempts are already resulting The simple instruction of an Expert can
in procedures being accepted now that
cause the Prosecution to review their
were not previously and this will impact
findings and on occasion within the last
the presentation and investigation of
Jackson,
Director,
Senior
e-mail: m.jackson@
the barrister
31
Putting the client first – using client service to improve chambers’ standings Putting the client first: how are chambers measuring the effectiveness of their services and value of their people in terms of customer feedback / satisfaction and if the data is collected, is it being used to build / deliver better service offerings? By Catherine Bailey, Managing Director, Bar Marketing
T
he
top
sets
are
organisation understand it, opening the
to
door to customer-centric change and
the
real
beginning appreciate
value in conducting proper client research and
gathering
improved performance. Net Promoter programmes are not traditional
customer
satisfaction
programs, and simply measuring your
•
NPS does not lead to success. Chambers’
enthusiasts who will continue buying
will need to follow a full project of
and will refer others, fuelling growth.
implementations if they are to actually
•
drive improvements in customer loyalty
satisfied but unenthusiastic customers
and enable profitable growth.
who might be receptive to competitive
methodologies sets should be adopting
There
offerings.
to help them understand their current
commitment, and the right business
•
position and improve upon it.
processes and systems in place, to deliver
unhappy customers who can damage
real-time information to employees, so
your brand and impede growth through
they can act on customer feedback and
negative word-of-mouth.
feedback. As a result, they are actively seeking out the opinions of their clients. The paths to collecting the data are varied, ranging from online surveys to telephone interviews and focus group discussions.
This article looks at what
It’s more than just a number Net Promoter® is both a loyalty metric and a discipline for using customer feedback to fuel profitable growth. It’s the basis of many client surveys and it’s really useful. However, it’s not all encompassing for chambers. Developed
by
Satmetrix,
Bain
&
Company, and Fred Reichheld, the concept has been embraced by leading companies worldwide as the standard for measuring and improving customer loyalty. The Net Promoter Score, or NPS®, is a straightforward metric that holds companies and employees accountable for
how
they
treat
customers.
It
must
also
be
leadership
achieve results.
Promoters (score 9-10) are loyal
Passives
(score
Detractors
(score
7-8)
0-6)
are
are
To calculate the Net Promoter Score
The good news is that many chambers
(NPS),
have the business systems in place to
Detractors
deliver the majority of what is required.
Promoters.
How NPS works
Studies examining the NPS “loyalty
To implement the NPS process Chambers (or their representatives) would contact all their clients, past and present with an initial survey. The survey asks two simple questions: 1. Would
subtract from
the
percentage
of
the
percentage
of
effect” have shown that companies with the highest customer loyalty typically increase revenues at more than twice the rate of competitors. However, just knowing your NPS score isn’t enough. You need to build on the information
you
recommend
and understand how it can help you
Chambers to a friend of colleague?
improve.
2.
Building on the NPS
How would you suggest we
improve our services to you?
Alongside the NPS questions chambers
has gained popularity thanks to its
The survey participants respond on a
should also be exploring additional
simplicity and its linkage to profitable
0-to-10 point rating scale divided into
market benchmark criteria including
growth. Employees at all levels of the
three groupings:
the amount of time clients have used
32
the barrister
barristers’ services this year compared
be improved and, finally, how they have
to last, and if they predict that this will
been improved.
increase or not in the coming years.
communication is complete without a
They should also seek out trends such
benefit statement. By this we mean the
as decreased external spend and detect
“so what?” test. For example, if a client
buyer behaviour patterns.
Finally,
has said that they weren’t happy about
any client research should examine
the time it takes a set to respond to them
the primary criteria used when hiring
with a fee proposal writing to them and
counsel and also when not hiring
telling them that you’ve hired an extra
counsel.
clerk will result in them thinking “so
Identifying
how
a
set
compares
Remember that no
what?”
competitive advantage. It’s also worth mentioning that when you do have clients who are avid promoters of chambers you need to be using them to deliver more than just a directory quote! Work with that client to network through other departments in their firm, promoting other practice areas for chambers.
You may also
have the opportunity to work with their clients; adding value for both of you in
in relation to the market is vitally
However, if you write to them and
their client’s eyes by presenting a ‘team’
important in order to identify over or
tell them that you’ve addressed their
solution to their issues.
under-performance.
concerns about turnaround times by
forthcoming
in
Clients are fairly
survey
The closer the links you have with your
responses,
hiring a new clerk and that by doing
particularly if they can see that their
so this clerk will be able to respond to
opinions are valued and will lead to
them quicker meaning that they will
improvements, as this will directly
have a more accurate cost figure for
impact upon the service they experience
themselves and for their clients and that
in the future.
Questions examine the
as a result of the new person they won’t
quality of the advice received, the
be wasting their valuable time chasing
approachability of the team involved,
you for details, they can instantly see the
A free guide for Chambers
the resourcefulness of the clerks’ room
personal benefit of your actions and you
For further information and advice on
and how chambers can improve their
gain kudos. Your chambers’ reputation
how your set can increase your client
client experience, amongst others.
increases and so does the likelihood of
service download our whitepaper on
further instructions.
client service.
In short, the changes introduced by
Catherine Bailey, Managing Director,
chambers, provided they are properly
Bar Marketing
Interpreting the data Having gained a representative number of responses, sets are able to interpret the data in order to understand how they are currently perceived and how they may enhance their client service offerings. They are then formulating long-term plans which place the clients at the heart of their chambers. These plans should include on-going communications with the clients. Each of the NPS categories should receive a quarterly update. It has been proven that clients respond better if they have played a part in improving the services they receive.
promoters, the more you will grow your business and your profits. It will also have the added benefit of making life very difficult for your competition to get a foothold – and that can’t be a bad thing!
communicated, lead to increased client retention, increased instructions and increased turnover, all of which has a positive effect on profitability. An on-going process However,
sets
currently
conducting
this research need to be careful that they don’t fall into the trap of thinking that a one-off survey will do the trick. Increasing
service
and
maintaining
client satisfaction is a continuous process of refinement. Clients’ issues will vary over time, as will the set’s service levels.
Therefore, it is very important to
Taking regular snapshots of the service
communicate with the clients on a
levels and clients’ opinions are essential
regular basis; informing them on the
if they are to keep their improvement
services to be improved, how they will
programmes on track and maintain a
Bar
Marketing
provides
essential
and effective marketing services for chambers’.
33
the barrister
Considering the Cloud Given the downward pressure on fees in the legal sector, keeping a tight control on IT costs is increasingly vital for legal businesses. The ‘cloud’ could be a way of offering a more flexible approach to costs, and in some areas could considerably reduce the cost of providing services. By Paul Coote, Founder and M.D., Instant On IT
O
have
premise services, meaning on-site in
requirement for proven technologies,
taken bigger strides to
your buildings or offices, 2) private
usually
date when it comes to
cloud services - which are being run
implementing a more cautious future-
the adoption of cloud
specifically for you, outside of your
proofed cloud services plan over a
services.
legal
building and 3) public cloud services
longer time frame.
sector is always more
- which are being run outside of your
cautious in using any new IT services,
building or office, but are not specific to
Cloud can be touted as cheaper than
but it is catching up. Many legal firms
you.
running your own services and, for
ther
sectors
The
results
in
defining
and
some, this is true. In some respects, the
are already using services which would be now sold as ‘cloud’ - for example
Many organisations use a combination
Law Society guidance is very similar
many organisations use offsite backup,
of these three styles of services and our
to advice that could have been given
Legal Reference services, and many
belief is that, over time, the percentage
10-15 years ago when talking about
unauthorised products such as Dropbox.
running private or public cloud services
outsourcing of IT support: the decision
Attitudes in the sector are changing
will increase. This combination of IT
goes beyond cost. Hiring IT staff may
and, in April, the Law Society issued its
services is key to future strategy. Every
be more cost effective than outsourcing
latest practice note, which gives their
client is different and a blanket approach
in some instances but there are still
view when it comes to cloud computing
of all-in cloud services is not appropriate
very
services. http://www.lawsociety.org.uk/
for most established organisations.
organisations
sound,
strategic choose
reasons to
why
outsource,
such as being able to focus exclusively
advice/practice-notes/cloud-computing/ Some of our more entrepreneurial clients
on key business strengths. IT continues
One great starting point for this note is
have very few on-premise services at all;
to have elements of scale that result in
that it helpfully gives definitions in terms
a VOIP phone handset, printer and coffee
reduced costs as the number of users
of what ‘cloud’ means. Cloud is not new;
machine are their token on-premise
increase. Many companies delivering
certainly companies were using the
services. Public services - such as Office
public and private cloud services are
concept in the early 1990s and being able
365 or Google Apps - provide them with
able to benefit from such economies of
to provide services on demand, which
the ability to share information and
scale as well as being able to deliver
can be scaled up and down, goes back
collaborate. These organisations have
strategic advantages for organisations,
further to mainframe delivery of services
no initial need for tailored applications
particularly when it comes to services
in the 1960s. What has driven its recent
or services.
such as email. The storage of everincreasing quantities of email, combined
success is the ability for companies to build and deliver services based on
However, in the legal sector, there needs
with backups, archiving, compliance
virtual infrastructure, combined with
to be a much greater understanding
and DR, mean that the cost of running
a widespread fast internet to connect
of where your data is, who has access
internal email far exceeds the cost of
companies and consumers.
to it and how to control it. IT planning
public cloud delivered services such as
and strategy does not start with a clean
Microsoft’s Office 365.
When we talk cloud services with our
piece of paper either. Legacy investment
clients,
three-tiered
in everything from phones, servers,
For custom-built or securely isolated
cloud model which includes 1) on-
software purchases, combined with a
private cloud services, these are unlikely
we
describe
a
34
the barrister professional services sectors. Instant On IT are cloud specialists, with proven experience in this field for over 7 years. The company has developed an outstanding reputation for knowledge and quality of service over the course of the last 10 years. Their approach is founded on the principles of Integrity, Quality, Dedication and Flexibility. 0207 831 1923 info@instantonit.com www.instantonit.com
to be cheaper than buying hardware,
brought with it new opportunities to lock-
software and services in the short-
in their clients. Take, for example, those IT
medium term. However benefits are
companies advocating cloud-based back-
gained from increased billing flexibility, as
up systems for email, there are limited
opposed to funding (and captialising) up-
ways to extract information from these
front, and the ability to take advantage of
largely proprietary systems. Therefore,
technology more quickly, which can result
if you have to keep your backups for 7
in significant competitive advantage.
or more years, your investment in these systems (or other PAYG Case Management
The similarities in guidance when it
or Diary systems) may have to continue
comes to reviewing cloud services or
long after the system is in fact needed.
outsourcing contracts will be obvious to many. Choosing the right partner is
In summary, the practice note issued by
critical, as is making sure your contracts
the Law Society recognises that the cloud
are well researched and have in-built
brings with it a great many advantages,
flexibility. IT is a fast-changing industry,
and the guidance does not deter its
and so are the companies within it.
adoption. If the right decisions are made,
5 year contracts may be suitable for
the cloud offers a great opportunity for
photocopiers or for public bodies but
enhanced
seem excessive in terms of agile services
security and a more flexible approach to
where developments are more rapid.
costs. The key is navigating the options
service
quality,
improved
available. Even where contractual tie-ins do not seem further
excessive,
flexibility
consideration.
The
warrants growth
Author: Paul Coote, Founder and M.D., Instant On IT
of cloud has been partly achieved by software vendors changing to monthly
Instant On IT provides tailor-made IT
payments rather than upfront charges
guidance,
and, for some IT companies, this has
to SMEs in the Legal sector and other
management
and
support
the barrister
35
Budding legal eagles have their day in court
S
Notre
Nigel Briggs, head of law at Notre Dame
Nigel added: “Through the mock trials
Dame Sixth Form College
Sixth Form College, said: “Learning
and
swapped the classroom
about law in a classroom is one thing,
students have been able to study topics
for the courtroom, when
but seeing how that translates in a real
and practise skills that we are unable to
world situation is completely different.
cover on the A-level syllabus, providing
The mock trial was a huge success,
them with the experience needed to
and it was great to see the students
help them decide if they would like to
The budding lawyers re-enacted a
developing their skills and knowledge in
continue their legal studies.”
recent trial in the law school’s mock
a fun and engaging environment.”
tudents
from
they took part in a mock trial at Leeds-based BPP
Law School.
courtrooms, with students playing the
Streetlaw
workshop
sessions,
Emma Blackstone, Pro Bono Manager at
parts of judge, witnesses, prosecution,
Prior to the mock trial the students also
BPP Law School, said: “We were really
defence and jury.
took part in a workshop run by BPP Law
impressed with the performance of the
School, which aimed to familiarise them
students that took part in the mock trial.
The aim of the day was to allow students,
with a number of court procedures and
Not only did they seize the opportunity
who are currently studying towards an
processes - including cross examination,
to develop their current knowledge and
A-level in Law, to actively practise and
how to play a witness and the impact of
skills, but many of them also showed the
develop the skills they are learning in a
opening and closing speeches.
natural confidence and ability needed to
realistic legal environment. The sessions were held as part of Ayshea
Megyery,
a
successfully pursue a legal career.
professional
the law school’s acclaimed Streetlaw
barrister and tutor on the law school’s
initiative, which was nominated for a
Bar Professional Training Course, was
prestigious LawWorks and Attorney
also on hand to provide feedback on
General Student Pro Bono Award for the
the students’ performance, and answer
work it does to educate members of the
engaging with the local community and
questions on what life as a criminal
public about the legal process and the
sharing the skills they have learnt whilst
barrister is really like.
effect it has on people’s day to day lives.
studying at the centre.”
“We are currently celebrating the 10th anniversary of BPP Law School, and it’s great to see our current students
EXPERT WITNESS SERVICES
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Proven Expert Quality for Two Decades Stockport Psychology Services is the largest independent psychology practice in the North West specialising in Public & Private Family Law, Personal Injury, Clinical Negligence & Criminal cases. Experienced Psychologists (Clinical, Forensic, Child, Educational & Counselling) & Psychiatrists available for expert reports, advice, training, counselling & therapy. Trusted & convenient service providing high quality assessments & a reliable service. We provide a comprehensive range of Adult, Family, Child, Criminal, Cognitive/Capacity & Medico-Legal Assessments. We offer a range of therapeutic services. We also offer Pre-Proceedings Assessments/Screening & run a Psychological Awareness for Parents Programme. We comply with and exceed the requirements of the LAA and the Family Justice System. Tel: 0161 476 4488 Fax: 0161 476 4499 Norbury Chambers
office@sps.uk.net
2 – 6 Norbury Street www.sps.uk.net Stockport
SK1 3SH
Tel: 01249 456360 www.hfhcare.co.uk info@hfhconsulting.co.uk HFH Consulting has over 20 years of Medico-Legal experience and offers a wide range of products and services that will ensure you receive the very best evidence. As an Independent Medico-Legal Consultancy we deal with catastrophic injury cases and all of our Experts are highly experienced Healthcare Professionals and trained in Medico-Legal reporting. Quantum Reports: • Past, Current and Future Care • Rehabilitation Needs • Aids and Equipment • Loss of Services • Expert Physiotherapy • Expert Occupational Therapy
Additional Reports Available: • Liability • Desk Top Reviews • Functional Capacity Evaluations • Critiques • Manual Handling & Risk Assessments • Tissue Viability • Specialist Continence Assessments • Retrospective Reviews • Immediate Needs Asessments
Our team also complete Immediate Needs Assessments. HFH Consulting is part of the HFH Group which includes HFH Healthcare who provide complex care provision at home, HFH Homecare and HFH Case Management.
Healthcare Medico-legal reporting by people who care
Trusted continuity of care at home
Caring at home is where our heart is
the barrister
Barrister 125x85 AdRev2:Barrister Quarter 125x85 24/04/2014 08:48 Pa
ihcs
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Ian Holdsworth Chartered Surveyors Valuation and surveying practitioners who provide expert advice throughout the East of England on matters including:
Central London Expert Valuers and Surveyors Lamberts Chartered Surveyors have been based in Islington for over 25 years and provides specialist Survey and Valuation Services to a wide range of clients acting throughout London and the South East.
Diminution of value to land and property Retrospective valuation of residential property Boundary disputes The valuation of access rights and easements Building and repair disputes We regularly offer advice at Court and Upper Tribunal both as a single and joint expert. Reports can be either Advisory or prepared to satisfy CPR Part 35 requirements. Further details and assistance are available: …on our website at http://www.ihcsurv.com …by email at mail@ihcsurv.com
Lamberts Chartered Surveyors, 387 City Road, London EC1V 1NA
T: 0207 278 8191 F: 0207 837 5790 E: post@lambertsurv.co.uk
…by telephone on 01949 844133
The Practice is a regulated Royal Institution of Chartered Surveyors (RICS) company and operates as RICS Registered Valuers.
Count on Pierce Forensic
Call John Green or Jeremy Rowe on 01254 688100 or email enquiries@pierce.co.uk for a free consultation. www.pierce.co.uk PIERCE FORENSIC LTD Headquarters: Mentor House, Ainsworth Street, Blackburn BB1 6AY. Pierce is a trading name of Pierce C.A. Ltd. Registered to carry on audit work and regulated for a range of investment business activities by the Institute of Chartered Accountants in England and Wales.
EXPERTS IN FIRE INVESTIGATION Services include: • Fire and Explosion Scene Examinations • Case Reviews including current & cold cases • Examination of fire damaged electrical appliances & installations • Microscopic examination of heat damaged clothing Expert Witness Testimony Over 50 years experience in CJS www.prometheus-fs.co.uk Wesley House, Bull Hill, Leatherhead, Surrey KT22 7AH 01372 224025 Email: enquiries@prometheus-fs.co.uk
EXPERT WITNESS SERVICES
The litigation world can be tough terrain that’s why you’ll want the very best in forensic accountancy support.
EXPERT WITNESS SERVICES
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Winser Chartered Surveyors Cost Effective If you need a report on a specialist subject then make sure you
Court Compliant Reports and Opinion * Freehold and leasehold property valuations * Diminution in Value * Building Survey and Homebuyer Report Matters * Dilapidations Matters * Building Defect Matters
Tel: +44 (0)1483 770282 Head office: 7 York Road, Woking, Surrey GU22 7XH, United Kingdom www.winsercharteredsurveyors.co.uk
instruct a Specialist
Chris Drake, Dip OTC, BAPO, CUEW, MEWI Consultant Orthotist and Orthotic Expert Witness Chris has 30 years of experience in the field of orthotics and over 18 years of medical legal reporting experience. As well as his in-depth knowledge of orthotic principles and practice he has specific expertise in: Post trauma orthotic rehabilitation Neuro-rehabilitation Complex disabilities Orthopaedic conditions Adult and paediatric orthotics Lower limb biomechanics Lower limb orthotics Complex foot and ankle conditions Foot orthotics Specialised orthopaedic and bespoke footwear He has a wealth of experience acting as Orthotic Expert for the claimant, defendant and as a single joint expert. He has undergone full Expert Witness training with Bond Solon and holds the: Certificate of Expert Witness Accreditation (CUEW) issued by Bond Solon and Cardiff University Law School is a member of The Expert Witness Institute and registered with the Health & Care Professions Council (HCPC). Consulting at: 152 Harley Street, able to travel throughout the UK for client visits when required. Orthotic Experts Ltd 52 Beresford Avenue, Surbiton Surrey, KT5 9LJ Tel: +44 (0) 7721-514568, Fax: +44 (0) 20 7192 3339 info@OrthoticExperts.co.uk www.OrthoticExperts.co.uk
We have over 18 years experience of providing an Expert Witness service in the field of health and safety working with the Courts in both England and Scotland David Wood has become well known by many of the larger legal practices for his focused and incisive reporting, many of whom will provide references on request Contact us at Plansafe Solutions Ltd 49 Buccleuch St, Dumfries DG1 2AB Tel: 01387 255535 E-Mail: info@plansafe.co.uk
Great Wall of China Trek 13-21 September 2015
Trek the Great Wall of China and raise funds for the cancer charity or hospice of your choice For more information and to register online:
www.actionforcharity.co.uk 01590 646410 | events@dreamchallenges.co.uk
Your Heart in Your Hands When you lead a busy life, sometimes the hardest thing to admit is a problem with your health. If you’ve recently experienced central chest pain, a dull pain or heavy feeling maybe even a mild discomfort in your chest. Don’t push these matters of the heart to the bottom of your priorities. Maybe it’s time to visit your GP The Wellington Hospital has an international reputation for excellence in cardiac care, offering a full range of Outpatient Cardiac Testing, Daycase and Inpatients Cardiac Care.
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