Legal Women February 2024

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THE UK MAGAZINE FOR ALL WOMEN WORKING IN LAW

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WINTER 2024

Dastak empowering women and girls in Pakistan Character Strengths for Lawyers Human Rights International Women’s Day LegalWomen | 1

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Contents 10

ACCOUNTS DIRECTOR Joanne Casey

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SALES MANAGER Catherine McCarthy STUDIO MANAGER John Barry MEDIA No. 2043 PUBLISHED February 2024 © Legal Women Magazine, Benham Publishing Limited.

LEGAL NOTICE © Benham Publishing Limited.

None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press. Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us.

DISCLAIMER Legal Women Magazine welcomes all persons eligible to join our community regardless of sex, race, religion, age or sexual orientation.

All views expressed in this publication are the views of the individual writers and not those of Legal Women unless specifically stated to be otherwise. All statements as to the law are for discussion and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance. Members of the public should not seek to rely on anything published in this magazine in court but seek qualified legal advice.

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26th April 2024

For the May 2024 edition Advertising Anyone wishing to advertise please contact Catherine McCarthy before the copy deadline. 0151 236 4141 catherine@benhampublishing.com Editorial To submit editorial, please send to: info@LegalWomen.org.uk Editor-in-Chief: Coral Hill. Features Editor: Molly Bellamy. Sub-editors: Gillian Fielden, Tilly Rubens, Joanne Skolnick. Editorial Team: Ramsha Khan, Charity Mafuba, Elizabeth Shimmell and Emma Webb.

Researcher: David Smith.

9 The Jury’s Out? 10 Dr Molly Bellamy interviews Sheila Webster

12 University

Challenge: the gentlemanly gaze

14 Empowering Lives 17 Domestic Violence 18 International

14

Women's Day

19 Let's work to be 17

COVER INFORMATION Sindh Awareness Campiagn on Women Rights, Dastak

Copy Deadline

5 Foreword 8 What's Love Got To

equal, not to be the same

20 “It's a South London Thing.”

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24 LW Likes 25 LW Recommends 26 Reflecting on life

as a human Rights Lawyer

29 Book Review

Find us online at: www.LegalWomen.org.uk LegalWomen | 3

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Introduction

Foreword WINTER 2024

I

want to offer a warm welcome to Jenine Abdo who is joining our Editorial Board. Below is a summary of her career to date and I’m sure she will really enjoy working with our fantastic Editorial Board. You can find all the biographies here Editorial (legalwomen.org.uk) Many thanks to all of them.

Jenine has been helping Legal Women organise its first in-person event in Wales. Lady Justice Nicola Davies will be speaking in Cardiff later in the year. It will be part of our International Women’s Day programme, although will run a little later than the March events. I am delighted that this year we will hold an event in all of the capital cities of the UK and hear from Lady Justice Dorrian in Edinburgh, Lady Chief Justice Keegan in Belfast and the shadow Attorney General, Emily Thornberry MP in London. Page 18 gives fuller details and ensure you are subscribed to receive all messages about events.

The theme of the 2024 International Women’s Day is #Inspire Inclusion and all four speakers will give their insights. Legal Women will also highlight in our social media campaign some of the many outstanding Legal Women internationally. Maroulla Paul, had been conducting these interviews. Page 19 gives an overview. ■

Coral Hill

Founder & Editor-in-Chief

Jenine Abdo

Editorial Board Member for England & Wales

Jenine Abdo is a Partner and Head of the Children and Public Law Team at Hutton’s Law. Jenine is the Immediate Past President and EDI Officer for The Cardiff and District Law Society.

Jenine is also a committee member for Show Racism the Red Card Wales, school governor at Howells School Llandaff and South Wales Resolution (family law) committee member.

Jenine has also previously taught family law students at the University of South Wales as well as held various pro bono clinics within the local community, at domestic violence agencies and prisons to ensure that her legal knowledge and skills are able to help the most vulnerable and marginalised in society seek access to justice.

LW magazine is for everyone; lawyers, solicitors, barristers, advocates, judges, legal executives and those working as paralegals, legal secretaries, advisers or recruiters, the list is endless. We welcome the many male champions as readers and contributors.

Our mission is to: ■ Provide clear information on gender parity ■ Inspire practical initiatives to create real change ■ Promote innovation in leadership and practice LegalWomen | 5

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Introduction

Many thanks to our Sponsors

Editorial Board Donaghey & Chance Limited

We are delighted to receive advice from the distinguished members of our Editorial Board.

Full biographies are available on our website. www.LegalWomen.org.uk ENGLAND & WALES Christina Blacklaws Millicent Grant QC (Hon) FCILEx Janem Jones Sally Penni MBE Jenine Abdo NORTHERN IRELAND

K AY GEORGIOU

Karen O’Leary

S O L I C I T O R S

SCOTLAND Alison Atack

LegalWomen | 7

Smart Working

What’s Love Got To Do With It…..

The ideal strengths of a lawyer.

W

ell, the late great Tina Turner said it’s a second-hand emotion. The question is what has love got to do with the law? Absolutely nothing, zilch, nada…. That is how it is dismissed when I ask law students, friends and family about the character strengths of lawyers. Love goes to the bottom of the list of the necessary character strengths of lawyers, along with humility, spirituality and forgiveness.

Character Strengths are the foundation of Positive Psychology (science of happiness) which focusses on human flourishing and what is right with us. Martin Seligman and Christopher Peterson spent over three years researching across cultures, religions, and philosophies to identify what is positive about people and they scientifically identified 24 Character Strengths.

The Character Strengths are divided into these core virtues: • Widom and knowledge: creativity, curiosity, judgement, love of learning, perspective.

• Courage: bravery, persistence, integrity, zest.

• Love and humanity: love, kindness, social intelligence.

• Justice: teamwork, fairness, leadership.

• Temperance: forgiveness, humility, prudence, self-control.

• Transcendence: appreciation of beauty and excellence, gratitude, hope, humour, spirituality.

The Jubilee Centre for Character and Virtues did research on the place of character in the legal profession: :https://www.jubileecentre. ac.uk/?project=virtuous-character-for-the-practice-of-law The Report was launched by the former President of the Supreme Court, Lord Neuberge, in 2014. The Report is based on a survey of 996 lawyers (both barristers and solicitors) and aspiring lawyers at various stages of their careers. It included a survey on the top character strengths of the “ideal lawyer”. So, were there any surprises in the findings? Well, honesty, fairness, perseverance, judgement and perspective were among the top character strengths for an “ideal lawyer”. No great surprises. This list is echoed by students in my character strengths’ workshops. These strengths are classified as the “mind strengths” compared to the “heart strengths” of kindness and love.

image from Wikipedia 8 | LegalWomen

You might say that the ideal lawyer is someone with these mind strengths – good judgment and perspective. However, these are strengths of the job. What about strengths of the person? A lawyer is much more than the job. The practice of law is a people’s business. In this current challenging and competitive environment, it is essential to be able to relate to clients and their needs and also to work happily with team members. To do this heart strengths are needed e.g. kindness, social intelligence and dare I say it love!

Just like a couple in love, a client wants to believe that he or she is the most important person to that solicitor. A lawyer who is able to make the client think that he or she is the centre of the universe will probably retain the client’s business. It’s not rocket science, but common sense is not necessarily common practice.

In addition, self-love and compassion are important for wellbeing.

It goes without saying that sod’s law exists so if anything can go wrong it will. We have all experienced that. Despite our best efforts a case or transaction has not gone as expected. There will be failures and mistakes. Self-love and being kind to oneself are essential for resilience.

What are your top Character Strengths? You can find out by doing a free Character Strengths Survey at viacharacterstrengths.org. The research states that when we use our top Character Strengths we feel more energised, authentic and happier. The heart strengths are just as important as the mind strengths.

All 24 Character Strengths are essential to practice law and to flourish. Let’s celebrate what is positive in our character rather than looking at the negatives and love definitely has a lot to do with it! ■

Elizabeth Ajai-Ajagbe • Skills Coach - Solicitor Apprenticeship Programme at University of Law • Speaker on happiness skills for aspiring solicitors • https:// www.linkedin/in/ elizabethajagbe/

Sexual Offences and Justice

Part three of a three-part series

The Jury’s Out?

This is the final part of Dr Molly Bellamy's consideration of the pilot scheme in Scotland to hold judge-only trials for rape cases.

Everyone wants justice in these cases but there are widely different views on how we might achieve it. You can refer to the earlier discussions in the Summer and Autumn 2023 editions.

?

Grazia Robertson Criminal Defence Lawyer

Shiela Webster, President of the Law Society Scotland

Fiona Leverick, Professor of Criminal Law and Criminal Justice, University of Glasgow

Baroness Helena Kennedy KC

LegalWomen | 9

Sexual Offences and Justice

Dr Molly Bellamy interviews Sheila Webster Sheila Webster is President of the Law Society Scotland, and the sixth female President out of 54 predecessors. “So we’ve a bit of work to do!” she smiles, when I ask about her plans for the coming year.

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heila took up office in September 2023, as the Scottish Parliament put out a call for evidence in relation to the Victims, Witnesses, and Justice Reform (Scotland) Bill: with its contentious Part 6 featuring a pilot scheme for juryless rape trials in Scotland. The purpose of the Bill is to advocate for a more ‘complainer/victim-centred’ system to improve the complainer’s experience.

When I met Sheila last year at the beginning of her first year as President, she was bringing together a response from the Law Society to the Bill. She was in sympathy with the spirit of the Bill she said in conversation, as she too is concerned about the gap between the number of cases of rape reported and those that actually go to prosecution. “There has to be a more person-centred approach to our practices in our criminal justice system” she says, “but with the right to a fair trial”.

The Bill is based on Lady Dorrian Lord Justice Clerk’s Review Group’s report on ‘Improving the Management of Sexual Offence Cases’. It identifies a pilot scheme for juryless trails, and the setting up of a Specialist Court of National Jurisdiction across the Country, specifically for rape trials to be heard by a single judge. This model would provide trauma-informed training across the court for all staff; Judges, Lawyers, Clerks. It would, according to Lady Dorrian be the most effective way of managing a huge increase in the number of cases of rape being reported in Scotland.

Shiela Webster, President of the Law Society Scotland

This is not truly a pilot… we are dealing with real life cases which as we understand it will not be optional.

She was then asked whether the Law Society was supportive of the Bill’s objective to improve the complainer/victim’s experience, not least in relation to trauma-informed training for legal staff, some of whose conduct had been highly criticised by complainer witnesses in an earlier hearing; victims who had found themselves on the receiving end of deeply inappropriate behaviour.

Her response was, The Law Society is supportive of the Bill in relation to its traumainformed training. We encourage it, we provide training in it. But there is another way to approach this issue - which is to stop it before it happens, rather than fix it afterwards.

When pressed gently on this by one committee member, as a point relating to potential parliamentary regulation of professional legal conduct, she responded, I think this (suggestion) comes too late - I think the Judiciary is (already) stepping in and that there is regulatory action. I think the Judiciary, and we as the Law Society are involved in this action and we see the most important thing (as being) to stop it happening in the first place.

And finally, when asked what victims and witnesses stand to lose by there not being a jury – she responded sharply, Diversity! A jury of their peers!

Since my first meeting with Sheila, I have been following the recorded Hearings of the Scottish Parliament’s Committee enquiry that are central to Stage 1 of the Bill. On 24th January 2024 Sheila herself appeared before the Committee to present her evidence as the Law Society President. I found her original dual sympathy, for the spirit of the Bill and concern for the justice system informing a clear position at the Hearing.

When asked by one committee member about her views on Lady Dorrian’s proposal for a specialist sex crimes court, Sheila responded respectfully, I think we understand why the Lord Justice Clerk is working for that change… I’m not sure it will deliver or that it is the solution to the problem. I think her working group itself was divided on this question so whilst we recognise what Lady Dorrian is trying to do we remain unconvinced across the profession.

When asked what she thought about the pilot for juryless rape trials she countered, 10 | LegalWomen

Sexual Offences and Justice

One of the concerns Sheila Webster shares at the committee meeting, with peers of the legal bar (such as Vice President of Scottish Solicitors Bar Association, Simon Brown and Tony Lenehan KC president of Faculty of Advocates) was that of the ‘fair trial’. A notable “strength of feeling” in the profession revolves around that principle, which it is felt would be undermined by the proposal to substitute jury trials with single judge trials.

Simon Brown, who was questioned vigorously by one member of the Committee about the position of the Association on its resistance to juryless rape trials responded, Our stance is we don’t believe our clients would receive a fair trial.

The same member of the committee countered, that Scottish Parliament had the constitutional power to legislate for this Bill, so on what basis could the Association have the right not to follow the Rule of Law? Brown responded, We are not not following the Rule of Law. Our job is to see that an accused person gets a fair trial - if we are faced with a forum where we believe a person won’t get a fair trial, we can say we won’t be a part of that…

Professor Fiona Leverick2 makes the point in her discussion of rape myth evidence, that different kinds of research approach produce different kinds of findings, that may not necessarily be commensurate. This disparity got explored, albeit often with little understanding of the research process, whereby at times the difference became an alibi to score a point. Fiona’s own in-depth approach to the subject matter seeks nuance over scale and may have been overlooked in this sense.

Abigail Bobb Semple’s critical accounts3 of the rape trial process and its impact on survivors, derived from her professional experience, resonated with the lived experiences of witnesses.

And notably, Helena Kennedy’s analysis4 of a culture of misogyny, the internalisation of the rape myth by women, and women’s lack of faith in the Criminal Justice System - was borne out ceaselessly in this cross examination of ‘the juryless rape trial' during the Scottish Criminal Justice Committee process.

The committee member doubled down, stating that the Association’s stance would suggest it thinks its own view should prevail over that of a democratically elected parliament. He asked again how Association members could effectively say they were not going to follow the Rule of Law if parliament were to agree to this legislation?

Brown responded, We don’t see it as not following the Rule of Law. We are choosing not to take part in a process; it is a different thing.

A question of sovereignty was raised, and a distinction was drawn in the exchange between the gentlemen.

So what is it really about? Justice? The Separation of Powers? The Rule of Law? Sovereignty?

Tony Lenehan KC, President of Faculty of Advocates noted: I can’t think of anything that has created more disquiet in the profession than the question of moving towards juryless trials in rape cases.

Is it a coincidence perhaps, that both Scottish and English Parliaments are flexing their muscle in relation to the Judiciary at the moment - with the juryless rape trial pilot in Scotland and the rejected Supreme Court decision on Rwanda in Westminster?

Is there a power struggle over who is holding whom to account; a ‘particular suspicion’ as Lady Hale said ‘about any attempt to subvert the Rule of law’5.

That Parliament has supremacy is a point that was exercised by one committee member forcefully, but that it does not always choose to use it, is also the case. It did use it in the Rwanda case recently, as it may in the juryless rape trial case….

But why now? Is it to do with Sovereignty? National or International?

And, terrible thought though it is - is there a sense in which the body of the female and the body of the asylum seeker serve as a good enough testing ground for the flexing of this latest Parliamentary muscle? ■

The women I’ve had conversations with over the past six months, in relation to The Jury’s Out? debate, all made insightful points that have been explored in full over the course of the hearings. Grazia Robertson1, Criminal Defence Lawyer, made the point that before a pilot should be considered, a proper evaluation of the changes already made to rape trials to ascertain their effectiveness needed to be undertaken. This narrative runs in contradistinction to that of rape trial reform being urgent. Lady Dorrian’s own address to the committee on 10th January candidly remarked that the original Review Group itself was divided; so framing the dynamic of the enquiry.

Another point made by Grazia was that the desire to lower the conviction rate should not be a driving force for change. This anticipated Simon Brown’s concern about “unconscious bias” of judges towards conviction.

Dr. Molly Bellamy 1

You can read Grazia’s conversation from the Autumn 2023 issue here: https://issuu.com/benham/docs/1942_legal_women_november_2023_hl 2 You can read Fiona’s conversation from the Autumn 2023 issue here: https://issuu.com/benham/docs/1942_legal_women_november_2023_hl 3 You can read Abigail’s conversation from the Summer 2023 issue here: https://issuu.com/benham/docs/1941_legal_women_august_2023_new 4 You can read Helena Kennedy’s conversation from the Summer 2023 issue here: https://issuu.com/benham/docs/1941_legal_women_august_2023_new 5 Jackson versus Attorney General [2006] 1 AC 262

Pics: We're Sew Done - 'Textile art responses to the harassment and threats of violence that women face every day' LegalWomen | 11

University Challenge

University Challenge: the gentlemanly gaze.

academics of law in University therefore, is to address this legacy, mindful that the intention was ‘to pull down rather than build up’ a stifling tradition of Aristotelian thought.

So I asked Dr Sarah Corbett, Associate Professor at The University of Law and Criminal Defence Barrister to discuss her approach; she is well placed not least because her doctoral research explores how criminal law and evidence construct gendered and racialised legal subjects. In a short extract from a longer conversation, I ask her to talk about the ways in which her teaching seeks to challenge the ‘gentlemanly gaze’ of the enlightenment legacy.

'Clandestine conversation circles in the 17th century challenged the status quo'

A

ll lawyers learn about the 17th century coffee shops in London where ‘enlightenment thinking’ influenced the development of law as much as any other sector of society. The coffee shop conversations were exclusively for gentleman. The coffee shops were periodically subject to forced closures due to the topics being promoted which directly challenged the status quo, for example, arguments for religious toleration during a time of violent schisms.

As a result, gentlemen scholars moved to clandestine locations in exile to hold conversation circles where they sought to replace notions of Aristotelian certainty with probability and reasonableness, values that became the foundation to the UK common law system. The conversational circles had rules, handwritten in Latin by the English philosopher and political theorist, John Locke; to practise a Ciceronian ethic of civilita towards each speaker; to take turns in the conversation; to be constructively critical; to be self-aware; and not to rebuke unless absolutely necessary, but to impose silence upon any member of the circle who fell victim to his own ‘enthusiasms’.

What emerged from these exclusionary conversation circles was a code of gentlemanly conduct, reflected for centuries in the City’s term ‘My word is my bond’. The values nurtured and respected were ‘truthfulness’ and ‘honour’ privileging ‘birth wealth and virtue’ - a paradigm that has deeply impacted on how the law today evaluates evidence in court.

The original ambition of the men of letters was a ‘Commonwealth of Learning’; a progressive endeavour for the time. However, many historians of law have charted the patriarchal and colonial legacy of the ‘gentlemanly gaze’ which pervades legal knowledge and practice today. The challenge for feminist 12 | LegalWomen

MB: Does the Equality Act 2010 deal with the legacy of the development of our law, in particular, does it adequately cover aspects of intersectionality?

Sarah: I think the intersectionality aspect highlights the complex way in which things get played out. So you know, for Black women it’s not just the fact they experience sexism, but that they experience it in a different way to white women and experience racism in a different way to black men. I think that the key point about intersectionality is the way that it plays out in the context of colonialism and racial capitalism, particularly neoliberalism.

The vast majority of cases take place in the lower courts, whereas students tend to consider Supreme Court. These higher court decisions don’t necessarily reflect what is happening on the ground for the marginalised communities, such as their experiences of racialised stop and search.

MB: So are you saying the idea of intersectionality has not trickled down into practice?

Sarah: I think the law is making changes, but it can be quite surface change that does not necessarily get to the heart of the matter.

MB: How do you draw on your own professional experience as a Criminal Defence Barrister teaching prospective lawyers, to address this complexity?

Sarah: I might ask them to consider how the law has a tendency to divide women into binary categories of either victim or offender. I have observed this dynamic as a criminal defence lawyer, where women I have represented may be victims of male violence; sometimes they’ve been coerced into committing offences or fought back against a violent partner, or got pressured into prostitution and had to deal with violent partners who are also their pimps. Many of the women may also have a problem with class A drugs, or come from marginalised areas of society, have grown up in care, or have experienced sexual abuse often as a child but also as an adult and because of this, they’re in situations very dangerous to their physical and mental health. Then their life choices can be extremely limited. So I point out that there’s often an overlap between suffering harm and getting into trouble themselves. I try to encourage discussion of how and why the criminal justice system seeks to draw these false binary divides between women as offenders and women as victims.

MB: And in terms of men?

Sarah: Similarly, if you are framing individual men as a danger, I think we have to look at how we conceptualise sexual harm

University Challenge

and rape. This goes right back to slavery and colonialism.

There is some really interesting work by Ida B. Wells and Angela Davis that discusses the links between the discourses that falsely portray black men as rapists and those that serve to render invisible the sexual assaults suffered by black women.

This narrative was deployed as a means of protecting white supremacy in the post-slavery period in the US..

relationship. The key point is about empowering students by encouraging them to relate their lived experiences to these debates and giving them the theoretical tools to analyse these issues.

It is a narrative that has not gone away in the post slavery period, and continues to permeate cases today. Recently, child sexual grooming cases have been portrayed in terms of black perpetrator/white victim - in ways that don’t accord with the facts, which were - that all of the defendants in one West Midlands case1 are white. This though didn’t seem to change the government narrative with Suella Braverman talking about there being a problem with Pakistani men. Nor did it change some media narratives that joined in portraying sexual deviance in racialised terms. So, I raise awareness around how we conceptualise sexual harm and rape.

MB: What can the University do to challenge this kind of negative representation?

Sarah: Well, in relation to criminal law we can encourage students to recognise the partiality of the law, so we would focus on approaches to giving evidence by looking at mechanisms for excluding evidence - to see whether what has been obtained has been done so fairly and we would emphasise that these exclusionary provisions, don’t necessarily get to the crux of the matter. It’s important not to inadvertently legitimise unfair legal practice and recognise there is a lot of unfair evidence practice, as students from marginalised backgrounds see how such mechanisms work on the ground. Excluding prejudicial evidence is helpful but it doesn’t address the underlying unfairness in the legal system.

MB: And how do the students respond to this kind of critical discussion??

Sarah: Students are interested in these contemporary issues.

One came up to me yesterday wanting to write a dissertation on the criminalisation of Rap, Drill and Grime music in response to the Criminal Behaviour Orders that have been banning young people from making or performing certain types of music. So there is debate in the University, and some areas of the media, that however, does not get filtered out to the courts; things like ‘gangs narratives’ are still used frequently by prosecutors in ways that affect character evidence. There is a lot of scope for debate in the university about these subjects, and in academia people are bringing up these issues, like the racialised use of the gang narrative, drill music and character evidence. But in courts, discourses such as the gang narrative are still used very frequently by prosecutors. So I think that it’s about marking students aware of those sorts of issues, and also giving students the opportunity to share their experiences, and giving them space to express that.

Molly: And in terms of your own role, representing issues of racialised and gendered narratives that circulate in the criminal justice system - how do you manage that power differential?

Sarah: I think when I mention these issues as a white middleclass woman, students feel more confident to discuss their own issues. They shouldn’t need my validation…. but I think we have to recognise the power dynamic in a student-teacher

This excerpt, from a much longer conversation with Sarah, frames the ways in which as an educator she manages the legacy of our common law system. She works with students to enable them to identify the mechanisms that codify legal customs and norms for conduct, and helps them analyse the court documents, witness statements, the victim’s complaint, and the accused’s defence - which frequently reproduce gendered and racialised subject positions.

What Sarah shares with her counterparts from the 17th century is a scholarly commitment to values of criticality and reflexivity.

She also shares their desire to challenge a tradition of legal theory and practice that no longer reflects the needs of its times.

Her approach is emblematic of how universities are challenging the body of legal knowledge shaped by our gentlemanly philosophes, to make it fit for purpose in the 21st century. ■

Dr. Sarah Corbett

Dr Molly Bellamy was talking to Dr Sarah Corbett.

1 Operation Satchel 2022-2023 (information commission office reference

number: IC-260356-D0H7) https://ico.org.uk/media/action-weve-taken/ decision-notices/2023/4027435/ic-260356-d0h7.pdf

LegalWomen | 13

International

Empowering Lives

Dastak's Work in Women's and Children's Rights in Pakistan D

astak is a leading access to justice centre in Pakistan.

It is for women and children either at risk of or facing abuse, violence or exploitation. Ramsha Khan, a legal counsel based in Pakistan, was impressed by Dastak’s mission of building a shelter offering protection and support for women and children without compromising on their fundamental right to liberty and dignity. Through such initiatives survivors are able to rebuild their lives without feeling like they have lost control. To learn more about the organisation, Here Ramsha discusses the work with Saba Shaikh, the Executive Director of Dastak.

What were some of the barriers / challenges you overcame in the process of achieving Dastak's mission?

Resistance by conservative religious forces were perhaps the biggest challenges faced by its Founder Hina Jilani in the process of establishing Dastak. Religious backlash was experienced because such services were misunderstood and not considered an appropriate response to violence against women and children. Any service that gave agency to women and/or emerge more empowered from situations of distress and and recognized their human rights was considered an anticrisis. The most common feedback by women and girls who thesis to family values. Over the years, however, with consistent have used Dastak’s services efforts to keep the mission alive there has was being heard for the first been greater acceptance of shelters and time in their lives and guided legal aid as a strategy to combat violence ‘Dastak has uplifted women and girls in in a way that it allowed them to against women and girls (VAWG) and that it multiple ways’ make more informed choices for is an integral part of human rights and legal themselves. framework for gender-based violence (GBV) protection.

Can you tell us a little about how Dastak has empowered women through its Women What impact do you believe Dastak has had on the lives of Protection programs / campaigns? women in Pakistan?

Dastak has uplifted women and girls in multiple ways which Restoration of dignity as an essential value of protection in includes provision of legal relief, safe space to live, counselling, Pakistan is perhaps the most significant impact of Dastak’s work. access to education and job opportunities, awareness and Dastak has introduced the concept of ‘protection with dignity’ training. Dastak runs a comprehensive rehabilitation program for and has popularised the human rights-based approach to GBV women and girls which includes introduction to skills courses, art response. The organisation has done pioneering and standard therapy, social integration program and awareness sessions on setting work in the field of legal aid and provision emergency a wide range of topics. shelter. It runs the only shelter in the country which fully complies with the human rights approach and does not restrict the rights It believes in providing help-seekers with an environment where of women and girls in the name of protection, particularly right to they feel comfortable in sharing their stories and gradually dignity and freedom of movement which are often compromised making them feel more informed and confident in their choice by other service providers. by giving them access to accurate and easy to understand information and resources and communicating everything in Dastak has provided physical and legal protection to more than a language they understand best. Respect for consent lies at 10,000 women, girls and children since it was first established. the centre of Dastak’s ethos and that alone is the single most Thousands in addition have benefitted from its training, empowering tool for women and girls. experience and knowledge sharing, and awareness programs.

Through litigation and interventions involving multiple forums of What are the main challenges that women in Pakistan face redress, it has had numerable successes which have resulted in accessing justice? in restoring the rights of women and children within family, The barriers and challenges are usually mindsets and workplace and public. inadequate monitoring of service providers which hinder women from accessing help or attaining justice. Law enforcement All those approaching Dastak for support have been treated agencies are seldom proactive or efficient in assisting female with utmost respect and offered a tension and judgement free victims, often becoming abusers themselves leading to environment where they can explore ways to rebuild their lives revictimization of the help-seekers. While there has been a 14 | LegalWomen

International

growth in the establishment of women-centric services within the police, social welfare etc., which often act as first responders for survivors of violence, they still lack the sensitivity and capacity to deal with gender specific abuse or violence and operate without much monitoring and accountability that ensures effective service delivery.

How does Dastak work to address these challenges?

Dastak works in a very open and transparent manner, in accordance with human rights and legal frameworks which gives its credibility as well confidence in the position it takes to

‘Dastak has provided physical and legal protection to more than 10,000 women, girls and children ’ address women rights violations. It also believes in the power of collective action and strong networks which allows it to respond to help-seekers in a more holistic way instead of turning them away for not having adequate resources or solutions. Dastak consciously makes an effort to not work in a silos and actively form collaborations with the government and non-government entities to fill the gaps.

Moreover, it routinely carries out awareness and training programs to gradually whittle away hardened mindsets that resist change and bridge the gaps between services and survivors.

What are your plans for the future?

In recent years, Dastak has opened its legal aid program to all women and girls and not those limited to its shelter residents. It hopes to continue this expansion by publicising its services more and would like to use your magazine’s platform to reach out to more people. The organisation also wants to further develop its rehabilitation/economic empowerment program and offer vocational skill training to a wider group of women and girls in the same way as its legal aid program. It is currently designing a suitable rehabilitation program and will then seek partners and grantors accordingly.

Girl reading Dastak poster

How do you think or suggest our community can help in achieving Dastak's mission?

Firstly, help in creating awareness and knowledge on available services such as Dastak, particularly in South Asia.

Inspire women and girls to come forward to speak up and seek justice.

Campaign with Salon Owners on Marital Rights.

Encourage lawyers to use strategic litigation as a tool to change unjust laws and practices by setting important legal precedents and breathing life into existing laws and policies not adequately implemented or being enforced according to their true spirit. ■ Website: https://dastak.org.pk/ Instagram: https://www.instagram.com/dastaktrust/

Ramsha Khan

Legal Counsel

Self Defence Classes at Dastak LegalWomen | 15

Advertising Feature

Four ways to help your team embrace new technology ‘Better the devil you know’ is a phrase that many people subscribe to. It’s also one that stifles innovation and experimentation.

The Change Perception Index by psychologist Jim Bright found that: • 34% of people would avoid change if they could • 32.2% of people are inclined to give up on something if they don’t see immediate results • 21% report that they fear failure when they try something new

3. Train your team thoroughly with the new software A one-off training session is almost certainly not enough to familiarise your team with a piece of technology, however intuitive it is. People will be used to working a certain way, and lasting change takes more than a simple tour of a system.

Bearing in mind those statistics represent a more general population sample and factoring in the legal profession is renowned for being particularly conservative, changing anything in your law firm is likely to be met with resistance.

Training can and should be ongoing. You should also, as far as possible, be sensitive to the learning styles of your team. The broad styles are ‘auditory, visual and kinaesthetic’, which is to say people who learn best by listening, watching or doing. Few individuals are exclusively one or the other, and there’s no need to excessively tailor your training, but it helps to teach people in a way that makes them comfortable.

That’s not ideal when you want to introduce technology as figures show that a third or more of your team are going to resist, protest or refuse new software.

To help a 1. Choose technology that solves your team’s problems 2. Involve your team in the choice of new technology 3. Train your team thoroughly with the new software 4. Phase in the new system 1. Choose technology that solves your team’s problems Resistance to new systems often takes the form of ‘What’s in it for me?’ (WIIFM). From your team’s point of view, the system they already use might be perceived as just fine — ‘If it ain’t broke, don’t fix it’. They may see a new system as a solution to a problem that doesn’t actually exist. Change for the sake of change is not welcome when people are comfortable with the status quo.

So, rather than choosing technology and telling your team that it’s needed, start with your team’s challenges and look at solutions that address them (the WIIFM). You probably have at least one partner who’s an excellent salesperson — speak to your team, discover their pain points and help them discover an appetite for change by switching to technology that’ll streamline and simplify their daily work.

2. Involve your team in the choice of new technology Once your team are on board with the idea of change, you can consider specific legal software that offers the necessary change.

Rather than making the choice and then announcing the new system to the firm, it’s more productive to seek people’s opinions during the project. Your team will buy in if they have a say in the tools they’ll use.

Otherwise, there’s a risk they don’t see the chosen solution as the best one and feel ignored or overlooked.

For the sake of efficiency, it would be a good idea to present a (quite short) shortlist of two or three pieces of software rather than consulting the team on the whole process. Then, you can invite whoever wishes to look at the website of the potential software, take a demo, and give their thoughts as to the strengths and weaknesses of each. Not everyone will get the choice they want, but a transparent and even democratic process will mean a lot more goodwill, and whatever choice you make the team will appreciate having been genuinely consulted.

16 | LegalWomen

You could also consider ‘sandboxing’ the programs you use. It’s especially useful for people who like to learn by doing, but anyone can benefit from an opportunity to use a dummy version of the program to get comfortable with it. They’ll be free from the fear of messing up the firm’s system or data by doing something wrong, and be more willing to discover and experiment, thus aiding the learning process.

4. Phase in the new system Finally, if you can introduce your new system gradually, it can help any hesitant users adopt the technology more smoothly and willingly.

If you give a timeline of when things will change, and how they’ll be different, your team can ready themselves, ask and learn what they need to know, and acquaint themselves steadily as the different phases of change take place.

It won’t always be possible to phase in your software, but you can still give your team a good period of notice so there’s no panic and no surprises. Spend that the notice period time in open dialogue, inviting questions, comments, doubts and concerns, and addressing them collaboratively and sympathetically.

How to set your tech up for success Legal tech fails when some see it as a solution, but others see it as a problem.

To find legal software that everyone is supportive of, you need to choose programs that answer your colleagues’ frustrations and show (rather than tell) how it’ll make their working lives easier. ■ Learn more about Quill Discover proud affiliate partner of the Law Society Quill’s software at www.quill.co.uk/legal-software and download ‘The Complete Practice Management Playbook’ at www.quill.co.uk/resources/thecomplete-legal-practice-management-playbook. Quill is part of Dye and Durham, one of the world’s largest providers of cloud-based legal practice management software designed to make managing a law firm, organising cases and collaborating with clients easy.

Petition

Domestic violence –

how you can make a difference L

arge companies including Kellogg’s, TSB and Vodafone now offer paid leave for victims of domestic abuse. This is an essential support which should be a statutory right. If you agree, please help make this a reality by signing this petition. https://petition.parliament.uk/petitions/643564 Nailah Kausar explains: We have come a long way in recognising the traumatic experiences of victims of domestic abuse and offering support with their healing journeys. However, statistics show that domestic abuse is prevalent and regrettably on the increase. The National Centre for Domestic Violence reported that over 1.5 million domestic abuse related incidents were reported to the police in the year ending March 2022. This makes up a significant proportion of just over 17% of all reported crimes.

Australia introduced similar provisions in February 2023, followed more closer to home by Ireland in the Summer 2023.

Although, a policy for paid leave was advocated for by Labour at the Party’s Women Conference in Liverpool in 2018, it has not actively been pursued by them or indeed the Government since.

A practitioner’s perspective I have been working in Family/Children Law since 2009 and in my professional experiences domestic abuse has been a feature of most Children Act cases.

Victims of domestic abuse are often dealing with a number of family law matters all at once not to mention any parallel criminal investigations and/or proceedings. This is an overwhelming time in their lives with the mental ordeal but often with practical upheaval - whether moving homes or going to a safe place such as a refuge. Victims do not just leave an abuser – quite often they leave everything behind including support networks.

There have been many developments to offer victims further protections in law and bring perpetrators to account both in the Family and Criminal arena. Much of this is credited to years of campaigning by domestic violence support services such Victims do not just leave an abuser – as Women’s Aid, activists and survivors. quite often they leave everything behind including support networks.

Legislation The Domestic Abuse Act 2021 introduced a legal definition of ‘domestic abuse’this is defined as physical or sexual abuse; violent & threatening behaviour, controlling or coercive behaviour, economic abuse and psychological/emotional or other abuse. The Act also provides for a recognition of children as victims - in their own right. In addition, the Act established in law the office of Domestic Abuse Commissioner, prohibited cross examination of victims by their perpetrators or alleged perpetrators (in person) in both the Civil & Family Courts and created a new offence of non-fatal strangulation or suffocation of another person amongst other protective measures and strategies.

More recently, we have seen there will be an automatic suspension of parental responsibility from a person who is convicted of the murder (or voluntary manslaughter) of a victim with whom they share parental responsibility for a child/ren. Currently, those convicted of such heinous offences are required under law to be consulted on significant welfare decisions relating to their children such as health and education. This is no doubt extremely distressing for the families of the deceased who are often left caring for the child/ren and of course the children themselves. The proposed change follows a successful campaign by the family of Jade Ward who was killed by her ex-partner in 2021. The law will be incorporated into the Victims and Prisoners Bill and will be known as ‘Jade’s Law’.

Statutory paid leave Other jurisdictions have gone one step further to support victims of domestic abuse by offering statutory paid leave. For example, New Zealand introduced ten days paid leave in 2018, more recently,

Further, victims will often be struggling financially (sometimes penniless) where perpetrators have been the only/main breadwinner or otherwise controlled the financial side of the relationship. Applying for welfare benefits can be time-consuming and is another hurdle in the mix. Where victims are working money is often tight or not easily accessible. Victims should not have to worry about taking unpaid leave or using their ordinary entitlement for appointments with solicitors or Court hearings or simply for ‘time out’. In such a time of emotional and financial difficulty the difference a legal provision of paid leave can make is immeasurable.

Whilst it has been fabulous to see employers such as Kellogg’s, TSB and Vodafone nationally and globally offering paid leave for victims of domestic abuse, this should be statutory to ensure protection is guaranteed and not simply discretionary.

This is why I am petitioning Parliament to provide a minimum of ten days’ statutory paid leave. Please support and re-share the link below – this can make the difference of a lifetime to those impacted by domestic abuse. The petition stays live until 13th March 2024: https://petition.parliament.uk/petitions/643564 ■

Nailah Kausar

Family Solicitor NYAS

LegalWomen | 17

Events

International Women’s Day

This year’s theme is #InspireInclusion and Legal Women is delighted to hold an in-person event in all the capital cities of the four nations of the UK.

Lady Justice Nicola Davies Date Location Venue Many thanks for support from

TBC Cardiff The Cardiff and District Law Society Wales • 30 Park Place Chambers • Donaghey & Chance

Lady Chief Justice Keegan Date Location Venue Many thanks for support from

Emily Thornberry MP Date

12 March 2024, 6pm

Date

Location Venue

London Norton Rose Fulbright More London

Location Venue

• Norton Rose Fulbright • Radcliffe Chambers • Donaghey & Chance

Many thanks for support from

Many thanks for support from

followed by Networking reception

Belfast The Law Society of Northern Ireland

•The Law Society of NI •Caldwell and Robinson •Donaghey & Chance

Lady Justice Dorrian

Shadow Attorney General

followed by Networking reception

5 March 2024, 5.30pm

20 March 2024, 12.30pm Networking reception and Talk

Edinburgh The Law Society of Scotland • The Law Society of Scotland •Donaghey & Chance

'Links for the events are available on our website https://legalwomen.org.uk/events.html ' 18 | LegalWomen

International Women's Day

Let’s work to be equal, not to be the same.

Maroulla Paul speaks to some of the world’s leading Legal Women

I

n the following pages you can read about the success story that is Sandie Okoro MBE - indeed a woman who inspires. It is an amuse bouche to a tasting menu of legal women from different continents, all of whom have achieved prominence in their careers and are working to make an impact on inclusion, who we will be profiling to celebrate International Women’s Day. It is generally assumed that to reach the top requires certain character traits as well as excellence; maybe an unswerving focus that does not allow anything to detract from the end goal, perhaps an assertive personality that demands and gets, possibly a ruthlessness that does not let anything or anyone stand in its way.

With these preconceptions, I must confess to having had some trepidation in interviewing these women who are undoubtedly at the top of their fields. What I encountered surprised and delighted.

Yes, every single woman is, without question, an outstanding success and has had to claw her way up amidst a plethora of obstacles; gender, obviously, but sometimes ethnicity and background also. They have had to navigate their way through male dominated structures, created by and designed for men. Not an easy journey - and, for the most part, in times or cultures that are not as liberal as London in 2024. It certainly was not a path for the weak-hearted.

But, without exception, these women have reached leadership whilst maintaining so many ‘feminine’ characteristics. Each one I spoke to was warm, open, caring, concerned, nurturing. None of them have succeeded by emulating men, rather by wearing their femininity proudly and using it as a force for good.

Maroulla Paul

All of these women want to give back.

To mentor. To support. To guide. To advise. These qualities, These qualities, increasingly recognised as leadership qualities, are benefitting the workforce and the world.

There is much to learn from this. Yes, we must continue to strive for equality but in so doing we must never forget that men and women are different - and that is a good thing. We bring different things to the party. Whilst we might all finish up in the same place, the way we reach it is very different - and that paints a whole rather than a partial picture.

Supreme Court Judge Ayesha Malik

On their website IWD states as its opening; ‘Imagine a gender equal world. A world free of bias, stereotypes, and discrimination. A world that's diverse, equitable, and inclusive. A world where difference is valued and celebrated.

Together we can forge women's equality.

Collectively we can all #InspireInclusion.’

“Valuing difference’ rather than only allowing women to succeed if they play by men’s rules is key in creating a better world for all genders.

Monica Musonda, founder & CEO of Java Foods - Zambian food processing entrepreneur — Lionesses of Africa

Let’s be proud of who and what we are; of what we are capable of doing and achieving and of the difference we can make.

Make sure you follow us to see our social media campaign on LinkedIn, Twitter, Threads and Instagram. The profiles will include Supreme Court Judge Ayesha Malik, Monica Musonda and Juliette Derry.

Juliette Derry Principal Legal Advisor / Kaitohutohu Ture Matamua at the Ministry for the Environment

LegalWomen | 19

Profile

“It’s a South London Thing.”

Sandie Okoro OBE explains how her upbringing taught her not to accept 'no' Sandie Okoro

G

rowing up in South London used to have a stigma attached to it - contrasted with the kudos of being North London born and bred. Add to that being in a minority group, perhaps from a poor family and the doors to life’s greatest opportunities can be pretty firmly shut in your face.

But it's a South London thing not to accept no for an answer.

Michael Ebenezer Kwadjo Omari Owuo Jnr was born in Croydon and grew up in South Norwood. He grew up with his single parent Ghanaian mum and three siblings. At school he was always on the verge of getting expelled; he was basically written off as a badly behaved boy. Against the odds, he got 13 GCSEs and five A levels. He went on to become one of the world’s most famous music stars. Today he goes by the name Stormzy. Determined that others will not be told no and discouraged, he set up the Stormzy Scholarship programme at Cambridge University. The awards are offered to black students from low income and/or disadvantaged backgrounds. They cover tuition fees and a significant contribution towards living costs for up to four years of study. 36 new Stormzy Scholarships will be awarded to UK black students over next three years, totalling 81 over eight years (2018-26).

role models for success. There were not that many women at the top of the legal profession - but there were a lot of women leaders in the world. There was a lot of change happening; people were fighting to stop apartheid, there were moves towards equal pay.

Yes, it was a traditional time but it was embarking on a moment of transformation.”

Sandie’s secondary school was an all-girls one where they were taught that as girls they could do anything they wanted to do. And so Sandie did.

She studied Law and Politics at the University of Birmingham (at the same time as Nazir Afzal - it was obviously a good year for future eminent lawyers). After Bar School, Sandie was admitted as a barrister but quickly realised she did not come from the “right kind of background” that would allow her to carry on at the Bar so she requalified as a solicitor. This coincided with the 1986 ‘Big Bang’ in the City and she got a job as an in-house lawyer at Schroders working in Asset Management. The City and the finance sector more through circumstance than choice - became the backdrop of her working life.

To list her achievements would take up more space than this entire It could be said Sandie Okoro is the Stormzy of the legal world. At article but the condensed highlights include; her current day job as the top of her profession, Sandie also works endlessly to help others Group General Counsel at Standard Chartered. Before this, Sandie achieve greatness through their own merits irrespective of their race, was General Counsel and Senior Vice President, and Vice President gender or class. Sandie may not be a for Compliance, at the World Bank Group. household name or a rapper but, just She is an Honorary Bencher of Middle like her South London neighbour, she Temple and has been named one of the “I think the Arts hold up a is one not to take no for an answer Upstanding 100 Leading Ethnic Minority mirror to society” even when, on paper, everything was Executives (2016), Top 20 Global General against her.

Counsel (2019) by the Financial Times and was recognised as Britain’s 5th most Sandie grew up in Balham with her influential person of African and African Nigerian father and Trinidadian mother. At nine, she became pretty Caribbean heritage by Powerlist (2018). She runs marathons and is obsessed with a legal TV series called ‘Crown Court’ and it totally a mum of two. She has also just been honoured with an OBE for her captured her imagination. contribution to diversity in international finance. Interestingly when “I wanted to be in that courtroom - probably as the judge.” asked what she considers her greatest achievement to be so far, it is not from the list above that she talks.

Her schoolteacher informed her that this was not possible as little black girls from Balham did not become judges. This had the effect “I have done a lot of ad hoc mentoring, talking to young lawyers of spurring Sandie on rather than deterring her. who need some guidance and direction. Watching the successes Fortunately, whilst her primary school may have not been the most they have had has given me much more pleasure than any of my supportive, nothing could have been further from the truth when it own successes. The power to inspire is something very special”. came to Sandie’s family and her secondary school.

Sandie obviously inspires. But who in her life was her inspiration?

Sandie’s mum and dad - as with most immigrant parents prioritised education above all else and, her mum in particular, “Without doubt, my mum. She could be challenging but she had encouraged her daughter to have her own career and to never so much energy. She never allowed me to think there was anything depend on a man for money, a way of thinking that was somewhat I could not do. Self-doubt was not an option. She was forward atypical of the time. thinking, had her own career - and wanted that for me. Even though we did not have much money when I was growing up, somehow “A legal career did not feel like I was reaching for the stars but at my mum always found money for me to go on the school trips, the the same time it did not seem easily achievable. At the time I was plays - she never wanted to hold me back from experiencing an growing up, women, especially women of colour, were not seen as adventure. I learned my resilience from her”.

20 | LegalWomen

Profile

Sandie’s biggest passion is the Arts (she used to be on the board of the Royal Shakespeare Company and is now a Governor) particularly theatre, literature and television. Her theatre buddy is her godson and she says her favourite play from 2023 was ‘The Motive and the Cue’ the story of John Gielgud directing Richard Burton in Hamlet. Once a dancer herself (she actually momentarily contemplated a career in modern dance), anything to do with culture is close to her heart.

Sandie believes culture plays a huge part in changing our world.

“I think the Arts hold up a mirror to society. They move so much along. They can highlight and bring subjects to the fore and effect societal change. They are crucial to our hearts and our souls and our joy. Without them we would be lost.”

“I wanted to be in that courtroom probably as the judge” Combining her love of the Arts with her desire to effect significant change, Sandie is the Chair of WOW (Women of the World) an organisation set up by Jude Kelly who used to be the artistic director of the South Bank Centre in London. Originally, Sandie was asked to be a panellist talking about the politics of black hair - but stayed closely involved as the concept of promoting women’s rights through the Arts was one that resonated with her. Timing meant she had to stay at arm’s length but when she returned to the UK after a stint in Washington working for the World Bank, the stars aligned and she took up the post of Chair.

Sandie says that while we have come a long way in terms of equality in our profession and in the world more generally, there is still a long way to go - and she strives to play some part in effecting this.

“I am very concerned about the level of gender abuse and domestic violence - which now affect one in three women worldwide, according to a survey conducted by the World Health Organisation*. No matter what success we gain, if we do not make the world a safer place for women we can never properly hold a seat at the table. We will never reach our potential across the world.

We do not need a hand up or a handout - what we do need is to get rid of the obstacles in our way. We can do the rest ourselves”.

Just as Sandie has defied preconceptions all her life, she continues to do so in the sectors she has chosen to work in. Like it or not, top brass in both law and finance tend to be male, white, public school, Oxbridge and, often conservative and somewhat unapproachable.

The polar opposite of the warm, welcoming, enthusiastic, effusive and funny lady I had the privilege to meet. Her clothes are flamboyant, colourful, and beautiful. She is obviously a woman who loves fashion but very much has her own style. She doesn't just tweet about the law, or finance or even changing the world but about her love of Tina Turner, The Specials, Peaky Blinders and how her dad was a dead ringer for Sidney Poitier. Sandie is confident and very real - to use that overused word - authentic.

If South London had its own language and you asked Google translate its word for ‘no’, it would be ‘YES!’. Despite everything Sandie has achieved thus far, she still has not fulfilled that childhood dream of becoming a judge. I have no doubt that if she still wants it, it will happen. ■ *https://www.who.int/news-room/fact-sheets/detail/violence-againstwomen

By Maroulla Paul Maroulla is a writer of short stories, a food and wine critic as well as a legal journalist.

LegalWomen | 21

Advertising Feature

Seb Shakh, founder and CEO of WillSuite and Craig Matthews, CEO of LEAP Estates

LEAP and WillSuite launch new end-to-end digital solution for estate planning and management

LEAP, the global provider of legal practice management software, and WillSuite, the estate planning innovator, have joined forces to launch LEAP Estates, an end-to-end digital solution for estate management, probate and lifetime planning professionals.

LEAP Estates is a specialist practice productivity solution that equips Private Client practitioners with the tools they need to manage matters on a single platform. Previously, many departments had to use multiple applications for practice management, wills, LPA applications, trusts and probate applications. However, the new solution from LEAP and WillSuite provides a single location for all these functions, improving and simplifying both the practitioner and client experience.

The mission of LEAP Estates is to continually elevate the provision of private client service through innovative technology. Both based in Nottingham and benefiting from the city’s booming technology scene, the two pioneers of legal cloud technology have developed LEAP Estates to support practitioners navigate the changing legal technology landscape. The solution benefits from the shared knowledge, development capabilities and operational resources from both businesses, which is essential in delivering highly effective software with estate management, probate and lifetime planning professionals in mind.

As a specialised division, LEAP Estates offers intuitive information and processes that can be shared with clients, facilitating dynamic and proactive estate planning. LEAP Estates users will also have access to the software provider’s extensive content library, including new recent additions for Private Client practitioners.

One recent addition to the content library is a document that provides hyperlinks to all the legacy settings on social media. This document is designed to be shared to clients. It offers advice on how to enable legacy settings on platforms like Twitter, Facebook, and Instagram for individuals considering their legacy and making a will.

“Estate planning and Private Client practice probably evolve more rapidly than any other area of law, because it responds to how we live our lives today,” says Craig Matthews, CEO of LEAP Estates.

“As a society our attitudes to estate planning are changing, with healthier and younger people considering lifetime planning.

Each new generation brings a different asset portfolio, and family structures now vary, impacting wills and probate services. Assets have also evolved, with elements like cryptocurrency, NFTs and digital banking now playing a role. We’ve developed LEAP Estates to support Private Client practitioners in meeting the evolving needs of individuals in their lifetime planning.”

22 | LegalWomen

LEAP Estates also includes key functionality for will writing, available through WillSuite. This includes mirroring across wills and LPAs, as well as LPA copying. The will writing software provider works in partnership with the Institute of Professional Will Writers and The Society of Will Writers, with over 3,500 wills and 2,500 LPAs drafted on the WillSuite platform each week.

Seb Shakh, founder and CEO of WillSuite comments, “Since inception in 2015, WillSuite has grown from strength to strength. Our software is now firmly a market-leader, and simplifying the delivery of Private Client work for thousands across the profession is what we do best. This collaboration with LEAP is the next logical step in our journey and pairing our expertise with the world’s largest legal tech platform ensures we can deliver even greater advancements and efficiencies within the sector together through a single integrated solution.”

LEAP Estates can sit within a specialist private firm or a department of a firm. It is also available to accountants offering lifetime planning and probate services, will writers, estate planners and IFAs. For more information, please visit www.leapestates.co.uk.

About LEAP Estates LEAP Estates occupies a unique position in the legal software market, providing specialist software for probate solicitors and estate planners.

With powerful features and functionality, the innovative solution provides everything you need to manage your client’s wills, LPAs and estates efficiently, including case management, accounting, document assembly and management, will building and legal publishing assets in one integrated cloud solution.

For more information, please visit www.leap.co.uk.

About WillSuite WillSuite offers cloud-based software that simplifies the process of drafting Wills, LPAs, and other documents for Will drafters, Financial advisers, Solicitors, and Estate planners. With innovation at its core, WillSuite aids efficiency, minimising errors, and improving client service and has allowed practitioners to generate over 600,000 Wills and 1 million documents since inception in 2015. Partnered with The Society of Will Writers and the Institute of Professional Willwriters, WillSuite includes document automation tools delivering up to date content and clauses written in plain English, seamless integrations, and improved client communication via custom workflows and automated branded channels. Learn more at https://willsuite.co.uk/contact.

Advertising Feature

How can a forensic accountant assist?

F

orensic account and accredited expert witness Fiona Hotston Moore of FRP Advisory provides an overview of the type of cases on which she is instructed as an expert.

Forensic accountants are typically engaged to undertake financial investigations and to provide input in litigation.

Typically, a forensic accountant is an experienced qualified accountant or auditor who has chosen to undertake further formal training to specialise in forensic accounting. The key skills of a qualified accountant that are required in forensic accountancy are: strong written and verbal communication skills, an attention to detail, initiative, business acumen and a good knowledge of financial reporting and tax legislation. Forensic accounting is not for every accountant.

What is the difference between auditing and forensic accounting?

The key difference between auditing and forensic accounting is that in audits there will be a clear framework to the work and audit process to be followed, whereas in forensic accounting there is no such framework. Every forensic assignment is different. The forensic accountant must, at the outset, agree with the instructing party the objectives of the assignment, plan an approach and be prepared to change tack depending on the availability of evidence and their findings.

Can forensic accountants do expert witness work?

Forensic accountants can also do expert witness work. Expert witness work is where the forensic accountant is required to prepare a report for court purposes and may be required to attend court to give evidence on his report. Facing cross examination can be daunting even for experienced professionals. Ideally the individual should have undertaken formal training in expert witness work and be accredited.

What extra skills does the forensic accountant need?

Key additional skills for the forensic accountant include: professional credibility, robustness, the ability to negotiate, flexibility and composure.

What areas of work do I get involved in?

The work is extremely varied and can include an investigation into almost any area of complex finance or tax where the instructing party seeks an independent view on an issue. I have been instructed on other 400 cases and no two projects are the same.

Typical areas include: Matrimonial (divorce) and family matters I receive a considerable number of instructions from family lawyers in relation to matrimonial matters and family disputes. Typically, these include valuing a business, assessing maintainable earnings and tax calculations. I can act as the Single Joint Expert or as a Party Expert or Adviser.

Shareholder disputes In disputes between business owners I may be engaged to value the business or to give an opinion on the misappropriation of funds.

False accounting and suspected fraud Forensic accountants can be engaged to review the internal accounting where it is suspected that there has been manipulation of the reported results or to investigate and assess suspected fraud.

Fiona Hotston Moore

Professional negligence In matters where it is claimed there were failings in the work of a finance professional, the forensic accountant may be asked to give an opinion on the standard of the work and the loss arising from the poor advice. I have assisted on a number of matters of alleged tax professional negligence including in relation to film schemes, remuneration trusts, employee benefit trusts and entrepreneurs’ relief.

Commercial disputes Business disputes arise in all sorts of situations including termination or breaches of contractual arrangements. Typically, in commercial disputes I will consider the business valuation and possibly the impact of the alleged breach on the loss to the contracting party.

Tax disputes In disputes with, or investigations by, HMRC or the NCA (National Crime Agency) I can be engaged to assess the financial information, to give independent advice to the taxpayer and potentially to act as expert witness in tax tribunal or court.

Insurance claims In insurance matters, a forensic accountant may be engaged by the claimant or insurer to assess the loss.

Criminal cases In criminal matters, a forensic accountant may act for the prosecution or defence to give an expert opinion on financial matters. I have assisted on cases including money laundering, Proceeds of Crime Act and tax fraud.

In conclusion Typically, forensic accountants originally trained in practice as accountants or auditors. However, the role of a forensic accountant is distinct from that of an auditor and requires additional training and experience. If undertaking expert witness work appropriate training and accreditation is advisable. The work is always varied and often challenging and certainly not for the faint hearted. ■

Fiona Hotston Moore

Partner FRP Forensic Services +44 (0) 7770 642491 fiona.hotstonmoore@frpadvisory.com Fiona Hotston Moore -Forensic Accountant/Expert Witness|LinkedIn Fiona is a partner of FRP's Forensic Services practice. Fiona specialises in commercial disputes, business valuations, tax disputes, personal injury and professional negligence matters including giving evidence in the High Court, Family Court, Arbitration and Tax Tribunal. She has been instructed as an Expert in approximately 300 cases in her career to date.

Fiona is also often instructed to provide expert opinion on a range of matters including shareholder disputes, contract disputes and insurance claims, tax disputes, officer and employee fraud, auditor and tax adviser professional negligence claims.

LegalWomen | 23

LW Likes

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And in May 2022 Katie Broomfield considered the visibility at the Inns of Court in London https://issuu.com/benham/docs/legal_women_may_2022 You can see the full plan here nick-emmerson-presidential-yearplan-2023-24.pdf and it provides: “Part of providing value to individuals and access to justice means ensuring the complexity and diversity of the profession accurately reflects the people it serves, from the high street to the high court.

The president will support and prioritise diversity and inclusion work throughout his year, particularly those initiatives linked to social mobility and judicial diversity. Further to this, he will create an advisory group of art and heritage experts to provide guidance on the best way to modernise our portraiture collection at 113 Chancery Lane. Over half of our members are women and many members come from many different ethnic and social backgrounds, but the Law Society Hall does not currently reflect the vibrancy and diversity of our members”.

PETITION:

Petition: will you help?

When surveyed, half of working mums found having children to be negatively impacting their career, compared with 30% of working dads. Read more from #CareerProgressionGaps- the next frontier now buff.ly/3SVhO1v pic.twitter.com/hUyYeOUDYZ

#solicitors #lawfirms #legal #law”

This petition asks for the government to introduce a minimum of 10 days statutory paid leave for victims of domestic abuse. A change already introduced in New Zealand, Australia and the Republic of Ireland.

Offering paid statutory leave for victims of domestic abuse gives some space for the individual to reset. For more background you can read the article by Nailah Kausar on page 17. https://t.co/GIrhfMc2GN

Presidential Year Plan of Nick Emmerson Rachael Heenan Senior Partner @Capsticksllp @HeenanRachael

We are delighted that the recently inaugurated President of The Law Society of England and Wales, Nick Emmerson, has included a proposed modernisation of the portraiture at the Chancery Lane headquarters.

In the first issue of Legal Women, in October 2020, we wrote how important it was for the Society’s portraiture to be fully representative of our profession and urged a review. https://issuu.com/benham/docs/1817_legal_women_ launch_2020__lr_ In an article ‘Women made visible’ we looked at the portraiture used in the three jurisdictions of the UK Legal Women September 2021 by Benham Publishing Limited Issuu 24 | LegalWomen

Rachael Heenan - Senior Partner @Capsticksllp on X: "Nothing better.

#Itsgrimupnorth https://t.co/WIMdfZw6HN" / X (twitter.com)

LW Recommends

LW | Recommends READ / AUDIO BBC Woman's Hour @BBCWomansHour If you want to think about women and negotiation this is an excellent podcast. It

Governance Feminism is a book written by four international feminist lawyers and scholars with feminist engagement in the law; Janet Halley, Prabha Katiswaran, Rachael Rebouche and Hila Shamir. It was published by University of Minosota Press in 2018.

The book refers to ‘Governance Feminism’ in terms of where in the legal order, feminists have gained inclusion as office holders in state, or state like or state affiliated places of power and how in these positions of seniority, they ‘do’ power as feminists from inside the legal landscape.

Its point of departure is, that whilst the problem of gender inequality has not gone away, there has developed over the past 30 years a mainstream acceptance of the idea of gender equality as an issue, wherein institutions and policy makers have embraced the fact that women are subject to certain forms of harm, against which legal processes and institutional mechanisms should afford them some protection. In this context; says Katiswaran one of the authors, We are often consultants, we are on sexual harassment committees, university boards, corporate boards - not to the extent that we want, but we have a presence and feed into the institutional processes in various different ways, and there is interest on the part of those who rule in listening to what we have to say.

includes talking about the history of women in negotiations, and includes hearing from an expert hostage negotiator.

BOOK REVIEW GOVERNANCE FEMINISM

The book frames the ways in which the authors engage with issues of gender inequality on the ground via their research and work: Katiswaran explores the effects of rape law reform in post-colonial India; Shamir examines a transformative moment in anti trafficking enforcement in Israel; Rebouche considers the contradictory legal discourses related to abortion and reproduction rights in the US. In this sense, Governance Feminism performs as an international phenomenon not confined to any particular jurisdiction.

However, the unintended consequences of the application of feminist ideas across a complex apparatus of contexts that involve the transnational and the local test even the most foundational elements of feminist thought and practice. According to Halley, Sometimes participating in power requires passionate feminists to deny their partiality, to declare they are not feminist at all, or to argue feminist inspired changes on the basis of non-feminist rationales.

The complexity of their insider positions is a key focus of the book. The theoretical lens they bring to this complexity around questions of power is Foucauldian and feminist, whose analyses enable the authors and those they represent to navigate and articulate their experience.

The complexity of their insider positions is a key focus of the book. The theoretical lens they bring to this complexity around questions of power is Foucauldian and feminist to do with how privileged women represent those more marginalised. The authors do not try to avoid this bind. Katiswaran adds,

Prabha Kotiswaran

I don’t think there’s any escaping it, no clever way to get ourselves out of the bind, but I think awareness is a crucial first step.

Governance Feminismis a must gift on 8th March as a tribute to all those women we have interviewed in Legal Women over the past 3 years and all those women everywhere who hold office in the Corridors of Power and do feminism from the inside.

LegalWomen | 25

Alternative Careers in Law

Reflecting on life as a Human Rights Lawyer Vicki Prais

I

am standing in the middle of Gracanica, a Serb enclave in Kosovo, amidst bombed out homes pockmarked from afar by Albanian snipers. It is 2004 and as a Minority Rights Officer with the United Nations, I am here to celebrate a wine harvest with the local community. I speak to members of the Serb community who tell me about their lives here with no electricity, restricted freedom of movement and UN escorts to and from their place of work. This is one of my most enduring memories in my career as an international human rights lawyer and was a formative moment in my own career journey.

and migrants before the immigration courts in London. It was the best training I could have had and gave me a strong set of skills which we need as human rights lawyers. The key skills are forensic analysis, advocacy, negotiation, empathy, legal drafting, and working with marginalised groups. It was deeply affecting work. I still think about many of my cases to this day. My time at the IAS was also hugely formative in developing my thematic expertise - working on behalf of people deprived of liberty, prisoners’ rights, prison reform and dignity behind bars. This forms the backbone of my consultancy practice today.

My international practice as a I knew from my early days as a law human rights lawyer has taken me ‘London is home, but the world is my student that a career in human rights around the world to many countries, workplace’. was where my heart lay. The shiny including Bangladesh, Russia, corporate world of the suited and Ukraine, Japan, Armenia, Georgia, booted was not for me. I knew the Ethiopia and Canada to name but ‘what’ but had to figure out the ‘how’. I a few. I like to say that ‘London is decided to study law and graduated with a master’s degree in home but the world is my workplace’. I have been privileged Human Rights and Civil Liberties before qualifying as a solicitor. I to work in many sectors of the human rights world including hoped that as a lawyer, I could be a ‘change-maker’. international organisations (the Council of Europe, the UN), the non-governmental sector (Amnesty International, Penal Reform I cut my teeth as an immigration and asylum lawyer working for International), the British Government (Human Rights Advisor six and a half years for a large national charity, the Immigration to the Foreign, Commonwealth and Development Office and Advisory Service (IAS). The charity represents asylum seekers academia (as a Visiting Professor of Human Rights)

Vicki Prais in Kosovo 26 | LegalWomen

Alternative Careers in Law

I have developed my ‘tool box’ of skills. As human rights professionals, we are technicians in terms of skills and subject matter expertise in each and every role. I am now an independent human rights consultant with a diverse and varied client base.

I call myself a ‘lawyer-plus’ as I am a lawyer plus a trainer, researcher, sometime speechwriter, academic and career coach!

I love the fact that no two days are the same in my consultancy practice - it keeps me on my toes.

that the human rights sector is solely the domain of lawyers. It is not. Our sector welcomes professionals from other disciplines all of whom bring a rich and varied skills set, subject matter expertise and networks which are so vitally important to the work that we do.

I would strongly encourage aspiring human rights professionals to start writing about human rights topics, building a publication portfolio at the earliest opportunity and growing thought leadership in this area. This can be achieved easily through There have been highs and lows in my career as you might writing blogs, self-publishing on LinkedIn or through alumni expect working in such a challenging sector. I continue to replay publications (university law journals and so on). Of course, some of my most difficult and challenging cases in my head. As networking and building one’s own ‘human rights family’ is a Human Rights Advisor in the consular section at the FCDO, I critical. I’m a strong advocate of conducting ‘informational successfully lobbied the Japanese interviews’ with human rights prison authorities to provide an elderly professionals to learn more about their British woman suffering from early own career journey and their day-to‘Was there more I should or could have dementia with appropriate medical day role. These conversations can done to save his life?’ treatment and access to Japanese open many doors and opportunities. classes. However I also think about the dual British/Algerian national in This work has not broken me. Would I, Algeria who was imprisoned on political grounds and died on or could I do another line of work. I think deeply about this when hunger strike under my watch as Human Rights Advisor. Was I feel overwhelmed or mentally exhausted but the answer has to there more I should or could have done to save his life? Or the be a resounding ‘no’. The desire to help those who really need trafficking survivor who was sent back to Albania following a support is too big for me to ignore it. I remain optimistic that we failed asylum appeal before our immigration courts. This work can, and do, make a difference to those we help. Should I look lingers in my mind. after myself more? Probably. I am learning day by day. ■ This work is not for everyone. It takes stamina, both emotional and physical, to sustain a career in the human rights field. We bear witness to harrowing testimonies that we would rather not hear of including torture, sexual violence and other gross violations of human rights. But, as human rights professionals, we owe it to survivors to report, document and ultimately hold those responsible to account. We amplify the cracked and broken voices and offer to narrate for them. Self-care, burn out and secondary trauma are real risks for those of us working in the human rights sector. We need to take care of ourselves if we want to do our job well.

Vicki Prais

Independent Human Rights Consultant, academic, human rights lawyer. www.vickiprais.com

What would I say to anyone looking to pursue a career in the human rights sector? I firmly believe there is a place for everyone in the human rights world, but it may take time, resilience, and a healthy degree of tenacity to get there. And please don’t think

Kosovo

Kosovo LegalWomen | 27

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28 | LegalWomen

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Book Review

Housing Law Handbook 5th Edition

Turnaround Management 2nd Edition

LEGAL ACTION GROUP The Access to Justice Charity

Unlocking and Preserving Value in Distressed Businesses

By Diane Astin

By Alan Tilley

AS THE COST-OF-LIVING CRISIS LOOMS LARGER – THE NEW ‘HOUSING LAW HANDBOOK’ BECOMES AN IMPERATIVE FOR HOUSING LAWYERS

A SECOND CHANCE FOR ENTREPRENEURS FACING INSOLVENCY? CHECK OUT THIS IN-DEPTH ANALYSIS OF ‘TURNAROUND MANAGEMENT’ FROM GLOBE

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

here can scarcely be a housing lawyer in England who does not have a copy of ‘Housing Law Handbook’. First published in 2008, this now well-known and highly regarded work of reference by dedicated author Diane Astin, has rapidly acquired a reputation for its authority, reliability, and practicality. Certainly, it has become a necessity for those grappling with the complexities of this often bewildering and essentially sensitive area of law.

f you are a lawyer with a corporate client -- or clients -- facing financial distress and ultimately insolvency, you need this book, published recently by Globe Law and Business.

T

And now -- the Handbook has emerged in a new and updated fifth edition which references the almost seismic events that have impacted on housing issues, within which, as the author reminds us, recent events have wrought certain profound changes: first Brexit and the impact of global warming, then the COVID-19 pandemic and most recently, the tragedies and economic uncertainties caused by the war in Europe.

Such has been the impact of these events that fundamentally, incomes have fallen, while prices and the costs of housing have relentlessly increased. The author points out that ‘although the levels of poverty in the UK have worsened in recent years, the main provisions of housing law have not changed significantly in thirty years.’ For lawyers and advisers then, this Handbook provides a reassuring source of information and authority within an undeniably complicated legal landscape.

The Handbook’s twenty-one information-rich chapters include such areas as occupiers’ rights: basic principles... unlawful eviction and harassment by landlords... disrepair and housing conditions -- action by occupiers and local authorities... and much more, including at least seven chapters which cover homelessness, social housing, and community care. The final chapter on civil proceedings -- which includes two appendices -deals with such areas as the Civil Procedure Rules and costs, as well as ‘the usual steps in a civil claim’.

Case law abounds, with all cases boxed and highlighted to aid accessibility. And in this updated edition, recent judgments and key legislation are discussed, including the Domestic Abuse Act 2021, Tenant Fees Act 2019 and Homes (Fitness for Human Habitation) Act 2018.

As a formidable reference resource, the Handbook is reassuringly written in a user-friendly way in keeping with the publishing traditions of the LAG. Very easy to navigate it is too, with a detailed table of contents, extensive footnoting, numbered paragraphs throughout and a twenty-five-page index. Also note the forty-eight pages of tables: of cases, statutes, and statutory instruments, plus an alphabetical -- and very handy -- list of abbreviations.

For all busy lawyers or advisers dealing with the often-daunting complexities of housing law, this book is an essential purchase. Note also, that it is applicable to English law only. ■

I

Note the usefully descriptive subtitle: ‘Unlocking and Preserving Value in Distressed Businesses’. This says it all, you may say, but as its processes are linked to a complex area of law, there is a lot more to be said, especially when multi-jurisdictional complications emerge.

With lengthy and detailed experience in this specialised area of consultancy, author Alan Tilley provides a broad range of authoritative advice, aimed specifically at those who are confronted with the undeniably challenging task of advising and managing companies teetering on the sharp edge of insolvency, with its intimidating spectrum of possible consequences.

The book and the wealth of advice therein is aimed primarily at those who find themselves in the role of turnaround manager. Such a role, as the author explains ‘usually involves operating in an executive rather than a consultative role’ and as such, ‘exposes the professional to the risks of personal liability.’ You have been warned.

However, no need to despair -- as Tilley adds that operating through a limited liability entity, with a properly constructed engagement contract reduces the risks. Proper professional performance is the ultimate guarantee of risk avoidance.

Anyone in the legal profession or accountancy and/or financial services, might well wonder how this increasingly obvious need for ‘turnaround management’ got started and whether or not it is proving itself effective.

The author’s positive answer is that turnaround management is becoming ‘increasingly recognized as an important part of business’ and that the understanding of its obvious benefits is growing. Tilley is confident that the concept has more than likely evolved as a result of the influence of Chapter 11 of the United States Bankruptcy Code of 1970, which is based on the concept of ‘giving entrepreneurs a second chance’ primarily by creating the concept, so called, of ‘debtor-in-possession’ (DIP) -- usually by means of a restructuring plan while the company is protected from creditors. Better results for shareholders certainly loom large here as a distinct possibility.

Although a complex subject, ‘turnaround management’ is explained in this book with admirable clarity, covering as it does, the risks involved, as well as the potential rewards. Based in the author’s 40-plus years of experience in this field, the consultancy, advice, and guidance contained in this compact volume is high-value indeed. Note too, the handy appendix which contains over 20 pages of useful guidelines and policy recommendations.

With its international orientation, as well as its straightforward advice, this book should be considered as an essential purchase for business and law professionals worldwide. ■

LegalWomen | 29

Book Review

Migrant Support Handbook LEGAL ACTION GROUP The access to justice charity

By Shu Shin Luh and Connor Johnston AN INDISPENSABLE HANDBOOK FOR SPECIALISTS IN IMMIGRATION LAW, YET ACCESSIBLE TO ALL INTERESTED READERS

Charging Orders On Land Practice and Precedents 2nd Edition

By Cecily Crampin and Michael Ransom and members of Falcon Chambers CHARGING ORDERS ON A DEBTOR’S PROPERTY: CLEAR, AUTHORITATIVE AND PRACTICAL ADVICE FROM FALCON CHAMBERS

An appreciation by Elizabeth Robson Taylor MA of Richmond Green An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, ‘The Barrister’ and Chambers, Reviews Editor, “The Barrister”, Mediator and Mediator

I

s there a new law text out there that is more topical than this? Not to mention more vital than this? Probably not -- although many may well argue the point. It is indisputable, however, that mass migration, whether legal or illegal, has become an international problem, particularly for the UK -- and in the view of many -- it is a problem that is well-nigh insoluble.

It is fair to say, however, that immigration lawyers in particular -- as well as anyone involved in, or committed to, achieving viable solutions to the problems inherent in migrant support -- will welcome the publication of this book by the Legal Action Group.

Authors Shu Shin Luh and Connor Johnston have noted that the book (conceived some six years ago) was painstakingly researched and written to ‘replace the irreplaceable’ “Support For AsylumSeekers” by Sue Willman and Steve Knaffer QC, published by LAG in 2009. It is sobering to recall how much and how quickly and relentlessly the world has changed since then -- making the problem of asylum seekers ever more acute.

“

Charging Orders on Land” has now arrived as a second edition from Falcon Chambers for 2024 -- an event which will certainly be welcomed by counsel embroiled in the specifics of charging orders, which, more often than not, present special problems.

What we have here is a highly specialised and quite narrow area of law in which attention to minute detail is all too often imperative. The precedents at the back of the book are of great assistance to those involved in drafting orders.

Fortunately for practitioners and judges dealing with the challenge of changing orders, this distinguished text published by Wildy, Simmonds & Hill, presents up to date and authoritative help in what is now regarded as the definitive work on the subject.

Editors Cecily Crampin and Michael Ransom are assisted by nine contributors from Falcon Chambers, known as the set which specialises in land law and landlord and tenant work. Practitioners seeking guidance from this new and updated edition can be confident that they are in good hands. For example, there’s a new chapter on insolvency regimes, plus the inclusion of new CPR procedures and precedents.

This then, is an ample and detailed compendium of practical advice and guidance on ‘the enforcement of money judgements by means of obtaining a The publication of this book is therefore all the timelier. And certainly, charging order.’ Initially, this may sound straightforward, except that all too often the almost insoluble complexity of its subject matter is reflected it isn’t, as any number of complications can occur within the various stages in its more than 1,2000 pages of scholarly and thorough research of enforcement on which there is a special chapter. Also read the chapter on priorities and problems and note the specialist advice on sanctions, tenanted presented (in the tradition of the LAG) in a clear, accessible style; property, overseas entities and much more, including the new chapter on accessible, that is, not only to lawyers, but to anyone interested in, or involved with, this detailed and certainly controversial and difficult corporate and personal insolvency.

subject, which has occasioned so much debate.

With its focus on the welfare and legal rights of migrants, the book provides in-depth coverage of, for example, housing and welfare, benefits, NHS access and provision and social services, as well as support for failed asylum seekers with reference to special cases; notably unaccompanied children and -- most heart-rending of all -the victims of human trafficking.

This is a handbook you could almost call encyclopaedic. Certainly, it offers specialists in this wide-ranging and many-faceted and complex area of law, a gateway to further research. Note that the first 150 or so pages contain tables of cases... statutes... statutory instruments... immigration rules... and a table of European and international legislation. Also, for a volume its size, it is remarkably easy to navigate, containing as it does, copious footnotes, a detailed table of contents and an even more minutely detailed index of at least 115 pages. A handy handbook? Absolutely.

As immigration -- both legal and illegal -- will undoubtedly emerge as a prime issue during elections and beyond, this scholarly yet eminently readable volume will prove indispensable, not only to practitioners, but to anyone interested in the wide-ranging issues inherent in this undeniably difficult area of law. ■ 30 | LegalWomen

Certainly the book can be depended upon to explain or clarify the various -- and seemingly endless -- snags and contingencies that frequently occur within this particular category of law, including (probably the most frequent of all) the cases which come under the heading of ‘Personal Circumstances: the family home’ which typically is balanced against the claims of the judgment debtor’s spouse... or possibly former, or divorcing spouse... or ‘any children who live in the property to be shared.’

It is also carefully pointed out that sometimes in such cases, the charging order can be withheld, or the interest of one party, for example, can be transferred to the other. Small wonder then that, in the opinion of quite a few practitioners, the concept of the charging order all too often presents a serious impediment to selling a house and clogging up the already stretched housing market.

Considering the often complicated and sometimes controversial area of law, it is reassuring for the busy practitioners that this comprehensive and carefully researched legal text is easy to navigate. The table of contents is almost minutely detailed, and the extensive appendices offer more than 100 pages of statutory material and precedents -- an invaluable resource which will be of special interest to counsel charged with drafting orders. Also note the tables of cases, statutes, and statutory instruments, plus tables of European conventions and other material.

Any practitioner involved in this highly specialised area will find this comprehensive and carefully researched legal text well-nigh indispensable. ■

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