The Devil’s Advocate Issue 9 February 2015
Brand New Dear Denning. A new and exciting analysis of the law from the view point of the controversial judge
Work Placements Focus First hand accounts of students’ experiences
Dignity Conference We have exclusive coverage of the conference hosted by the University.
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Message from the Editor Welcome to the Winter edition of The Devil’s Advocate; the Student Law Society magazine. I am very pleased to have been appointed the new Editor of the magazine and I hope to continue and improve upon the high standards already set by the previous editor, Beverly Sowah. I would like to extend a warm welcome to the new law students joining us at LSBU, I am sure that you will enjoy your time at the University and take full advantage of the many opportunities available to you. Also, welcome back to the returning law students. I hope you have all had a nice Christmas break and are now back into the full swing of studying again. In this issue we have exclusive coverage from the Dignity Conference based on human rights and human dignity which was hosted by the University. We have a feature on the various work experience opportunities available at LSBU, this will be particularly useful to those of you on the Working in the Law module. We also have a new ‘Dear Denning’ column where students send in questions regarding the law which will be answered from the viewpoint of Lord Denning. Furthermore, we have interviews with Professor Sara Chandler and previous student, Akim Cole.
Inside this issue Law Society News ....................... 4-5 Mooting...................................... 6-7 Celebrating Student Success ...... 8-9 Street Law .................................. 10 Work Placements ....................... 11 Dear Denning ............................. 12-13 Sir David Lloyd Jones .................. 14 Legal Advice Clinic ...................... 15 Staff profile................................. 16-17 Dignity conference ..................... 18-19
Finally, I would like to thank all those who have contributed to this issue. A big thank you is extended to the Law Department, particularly Kim Silver for her continued contributions to the magazine. Contributions for future publications of the magazine by our students are welcomed and encouraged.
Coming soon .............................. 20-21
Editorial Team: Leasha Newman - Editor Judith Dela Cuesta - Reporter Brendan Fitzsimons - Reporter
Leasha Newman, Editor
Matthew Quigley - Reporter Alexandra Varga - Legal Writer Kim Silver - Consulting Editor
Law Society Executive Committee 2014/15
Pedro Ugbene President
Leasha Newman Magazine Editor
Timothy Liggins Vice President
Alexandra Varga Secretary
Lewis Hooper BPP Liason Officer
Emile Popov Street Law Co-Ordinator
Julius Adeyeye Treasurer
Umaru Saidu Welfare Officer
Kyle Johnson Mooting Co-Ordinator
Bankole Allen Welfare Officer
Law Department Mentoring Scheme Law Society Events 2014 / 15
Young Lawyers Talk on Legal Aid: 25th November
Sir David Lloyd Jones Visit - 2nd December
Law Society Christmas Dinner Party 5th December
Supreme Court Visit - 10th December
Visit to Parliament - 16th December
Visit to Inner Temple - 11th February
Ms Justice Russell Visit - 26th February
Visit to Strasbourg - date TBC
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There has previously been in place a mentoring scheme for law students at LSBU. However, from this academic year the Law Department have devised an improved version of the scheme. A number of second and third year law students have volunteered to mentor year one students. Each mentor has been giving full training by the department including ways in which students can be referred and sign posted to other departments within the University who are better supported to their individual needs which may not be related to the course. The role of each mentor is to help students ease into University life and provide a friendly face and point of contact. Each seminar group will be assigned mentors who they can contact with queries regarding their work. It should be made clear however that the mentors are not there to replace the tutors and if a student is struggling with the course they must speak to a lecturer. Each mentor will be contactable via their LSBU email address so if you have any queries do not hesitate to email them. If you are unsure of who your mentors are then please ask your seminar tutor. This scheme is a very useful one for first year students and we hope that you will take full advantage of it.
Ebola Fundraising
The Law Society Ebola fund raising event held on the 13th of November 2014 was a huge success and a remarkable indication of the capability and the vibes of the Law Society members. The arrangement started on the 30th of October 2014 when one of the Law Society members sent me an email suggesting that it would be nice to raise money for the Ebola victims. When I got home that night I digested the idea and came out with the plans on how this could be executed. I contacted Cherry James and told her about it and that I would like to use her 3LS lecture to make the announcement to Year one students who would be volunteers. The response I got from year one was very magnificent so I scheduled a meeting to meet with all the volunteers where we deliberated on the final strategy. The event was staged on the 13th November 2014 in 3 centres, one stand at the library reception; the second stand at London Road and the third stand at Keyworth . It was a massive success as we raised the total of ÂŁ800.64. I wish to use this medium to thank all the volunteers for their zeal, diligence, dedication and commitment, it was a wonderful experience working with all of you. Pedro Ugbene - Law Society President
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Mooting I am proud to speak of many events that are happening this year and next, just want to say a good luck to Alexandra Varga, Sam Balla, Thomas Spencer, Lewis Hooper and George Huxley in their respective competitions, ranging from Essex Chambers moot, to the OUP moot and of course the best of luck to all of the students in first, second and third year taking part in our internal moot competition! One student says how she is looking forward to mooting and cutting her teeth on the art of advocacy, and many other students are keen to test their metal and friends and peers alike. The law society hosted workshops this semester to inspire and teach those who want to take a step forward and put their skills to use. Mooting is an important skill a law student should have, because it puts you on the spot and makes you think before you speak. It’s rather unnerving the first time you do it, but if you keep at it like I have, and the senior mooters have, then you’ll find it’s fun and rewarding and definitely looks good on your CV when you start applying for pupillages and training contracts.
Recent Events: Last semester, George Huxley and Ravi Suchak took part in the prestigious Blackstone’s Criminal Litigation Competition where they acquitted themselves extremely well by reaching the finals weekend hosted by University of Hertfordshire. The competition involved a number of rounds which focused on the skills required by the advocate in the Criminal Courts.
In light of the 800th anniversary signing of the Magna Carta, the English Speaking Union (ESU) and Inner Temple hosted an outstanding exhibition moot last night named the 'Liberty Moot' which took place in the hall at Inner Temple. The ESU representatives were counsel for the appellants and the Inner Temple mooters acted on behalf of the respondent. After hearing both sides of the argument the judges held that the respondents were correct in terms of the law but found the ESU to be the overall winning team. This was a prestigious event that gave a great demonstration on how to do a moot and showed the level of advocacy which we should be aim to achieve. After the moot followed a drinks reception where I met with Sir Robert Worcester, the chairman of Magna Carta 800th committee, so this was also a good networking opportunity.
Kyle Johnson Mooting Co-ordinator for the Law Society
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Final in the Supreme Court – Every Mooter’s Dream
About two years ago I was a witness in a court case. My life took a different direction in that courtroom, the legal atmosphere captured me. A year and a half later there I was, one of the four finalists of LSBU's Internal Mooting Competition, standing in front of Lord Kerr in the very Supreme Court of the land.….If only it was that easy. First getting accepted to the course, then obtaining the necessary academic English language certificate and then being back to school after about 15 years spent working. My hand still hurts during revision time and exams, I am so not used to hand writing. And then all the doubts. Could I work and study law at the same time? Will my intellect be strong enough to be able to keep up with all the challenges of legal education? When it was announced at the Student Law Society Christmas Dinner by Akim Tejan-Cole, the president at the time, that the final round of the Internal Mooting Competition would be held at the Supreme Court that year, my doubts had suddenly faded away; I knew I was at the right place at the right time. The first round, of course, was the easiest one. It was an individual round, we were invited to pitch a legal argument in front of a mock firm's Directors Board impersonated by a tutor and a seasoned mooter. I put a skeleton argument and a bundle together on my own, based on my individual research. Albeit Lewis Hooper, my fellow counsel in the Competition had proved himself to be a brilliant team member whose enthusiasm, commitment and punctuality I was able to rely on throughout the Competition, I need to admit, working in a team is a lot more demanding than working on your own. Yet the second round was still quite easy to get through. The opponent senior counsel had failed to prepare properly. He had no bundle of authorities or a viable legal argument for that matter, so I was able to get away with reading from my skeleton. However, I knew that in the next round - which was the semi-final already - that sort of performance would not be enough. What helped was the dry run the day before. A friend from year three gave me a hand and a hard time by intervening practically after each point I had made. Although I was mad at him then, I was very grateful on the day as our judge, Simon Levene, who was a deputy judge by occupation, had intervened a lot. In fact, he had achieved to corner all four mooters in front of him: each of us had to admit at some point that we had no answer to his particular question. Coming out of the room, none of us could tell who was going to get the opportunity to moot in the Supreme Court. After I had learned the good news, as I run down on the spiral stairs, I was crying and laughing at the same time; just ask Paul Wynell-Sutherland, among all of course the Director of Mooting had seen me in that state. A few weeks later there I was, standing very nervously in front of Lord Kerr, although he was the most gentle judge I had come across during the Competition; he did not intervene, unless there was a flaw in the reasoning. When it was my turn to speak, my voice had trembled, but I did not let that get in my way, I just carried on with my submissions. I have been going over that day in my head again and again reflecting on what had happened that afternoon. The bottom line simply is that we had lost. Thomas Spencer and Samantha Balla were undoubtedly better on the day. Nevertheless, Lord Kerr told Lewis that he found his argument heroic and told me that he was truly impressed by my ability to moot on this level, given that English was my second language. We had lost the moot, but we both agreed that we had won an incredible experience, for the both of us a dream had come true.
Written by Alexandra Varga
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Celebrating Student Success
Introducing Akim Tejan-Cole, a former student at LSBU who recently graduated with a First Class Degree. Akim tells us of his journey and his future plans. First of all, thank you for your time having come all the way from Durham for this interview. How are you getting on with your LLM study at Durham University? So far so good, but it’s early days yet. I’ve met lots of interesting people and trying to adjust to life in Northern England and in such a traditional university as Durham.
Have you been involved in any activities so far? I am organising a Student Law Society for post-graduate law students and also an Ebola charity event to raise awareness and funds for those affected with the deadly epidemic. The Ebola campaign has cross college and department backing and I am really excited about it. As a citizen of one of the most affected countries, I feel it is my duty to raise awareness about the effects of this deadly epidemic.
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You have been successful in your undergraduate years here at LSBU reading Law, what attracted you to choose Law as your course? Growing up in Switzerland and establishing a business early on, I initially wanted to study Business with Law but I decided to focus on LLB (Hons) Law course because of the course’s transferability of skills in any field of endeavour including Business. I thought that one does not need to study Business to do business but a law degree is a specialist degree that can open new possibilities.
As former President of the LSBU Law Society, what advice can you give to law students to involve themselves in extracurricular activities? There is a saying: “Don’t let education get in the way of your education.” By this I mean education is not only what you learn in seminars and lectures but also the knowledge and experience you get interacting with other people and you get that by participating in extracurricular events. If you are open to opportunities presented to you in school and you make the most of it, it will be useful to you as life experience in the long run as well as the x-factor that will clinch getting you the job or endeavour you want. Needless to say, taking part in extracurricular events at some level will boost your confidence as a person.
As a first class student and involved with Law Society, how did you manage your time? What advice can you give to law students on handling academic workload and other commitments? Learn how to prioritize and be ready to burn the midnight oil if needs be. Also when you get down to doing something, try to give it your full focus and fully engage with it. It can save you lots of studying time .
During your tenure in the Law Society, you were able to invite among other high profile legal personalities like Baroness Hale, Deputy President of the Supreme Court of the UK and Lord Reed, Lord Justice of the Supreme Court of UK, what do you think enabled you to achieve that feat? I guess luck was on my side. Everything seemed to have clicked really. I think a lot of that was due to networking. I would advise students to talk to guests when they attend events and open up about themselves. Most of them will try to help if they see that you are passionate about something that also interests them. The Law Department has also been amazing and facilitated some of the speakers. As I said, it was a mixture of luck and good networking to do so much in one year.
Any revision techniques you wish to impart which worked well with your style of learning? Read before the lecture. Try to do the seminar work and notes immediately after the lecture when everything is still fresh. Students probably hear this time and time again but it is very valuable when studying law. Another good studying technique that I have found useful is to write things repeatedly. For example, writing arguments and their caveats or definitions of legal terms and their qualifications over and over again make revision materials easier to stay in the brain.
Written by Judith Dela Cuesta
What was your topic in the third year project? How did you choose your topic? I think it’s best to do a topic that is personal to you. My subject area was EU law, and I did it on the Dublin III regulations which assigned responsibility to EU member states on assessing an asylum applicant’s application. I was once caught up in the war in Sierra Leone and I had to seek refuge in neighbouring Guinea, and so it was personal to me. I also found EU law very interesting and I was lucky to work with Cherry James who supervised me on the project.
What skills do you think are necessary for law students academically? I think a decent memory, ability to write succinctly in a structured manner and not fearing to give an opinion or being critical (The lecturers or the authors are not always right!). The ability to focus on essential points at hand efficiently uses valuable time. Giving answers straight to the point and not to waffle is also a trick to be learned by any law students.
Being named man of the moot before, what advice can you give to students to enjoy and excel in mooting? I think the key to mooting is research and understanding the law surrounding the case at hand. Time and again, thinking on your feet is a mantra attached to mooting that if you follow it, it will be your greatest friend against your opponents. From my experience, the times that I have been able to impress the judges most was when I could introduce an angle or cases that they had not thought about. Another golden rule for mooters is to stick to your argument, even when the judge is trying to break it apart!
Ultimately, which route do you prefer, as a solicitor or a barrister and why? The solicitor route appeals to me best. I want to work in an international firm dealing with cross-border legal cases thereby I can capitalise on my international roots and perspectives.
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Street Law The Street Law Project, now in its second year, was created to teach practical law to school and college students using interactive teaching methodologies. Its main aim is to give the recipients a better understanding of the legal system, the detriments of criminal involvement and to improve their perception of University as an educational route. A team of students will regularly visit different schools and colleges to give presentations on areas such as the consequences of being involved with knife crime and how the law will prosecute those involved. If you would like to be involved in this exciting new project then please send an email stating why you would be an ideal candidate to Emile at: popove@lsbu.ac.uk
"The LSBU lecturers knew what they were doing and helped us apply the law to our everyday lives. I had an amazing time," Karran Singh, an A-level student who played the role of the judge
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"It was an excellent, fantastic experience and I would recommend it. It's the closest thing to a courtroom experience without the conviction!" Ajeet Singh, an A-level student at the college who played the role of defence barrister
“By taking law into the classroom, LSBU law students get the opportunity to engage school and college students with the law and how it affects them. LSBU students participating in the project also get this opportunity to give something back to their community, at the same time improving their legal skills and employability� Louise Andronicou, principal lecturer in LSBU's law department
Work Placements In this section we have first hand reviews from third year students who have completed work placements through LSBU during their second year. This is of particular use to the current second year students who have to complete a work placement as part of their Working in the Law module. However, many of these placements are open to any students and so it is helpful to have this information to help make a decision on which placements may appeal to individual students no matter what year they may be in. LSBU Legal Advice Clinic - by Ayse Faik I completed a 13 session placement at the London South Bank University Legal Advice Clinic, every Wednesday which started from September 2013 to March 2014. This placement allowed me to develop a range of skills through the tasks which I was assigned; from conducting interviews with clients to writing up client case records. It gave me the opportunity to improve both my communication skills and my written skills. I was able to work on a range of cases involving social welfare matters as well as family law issues, which provided an exciting experience to work on a range of cases each week. I would recommend this placement to others interested in participating in a unique and enjoyable experience.
Anthony Gold Solicitors - by Leasha Newman I completed a 6 week placement in the office at London Bridge between November and December 2013, every Wednesday. I really enjoyed my placement, everyone there was very friendly and approachable from the outset which helped me settle in quickly. As I was only a second year student there was not a lot of pressure placed on me which I found helpful as it allowed me to work freely and I was able to set my own standards. I worked on cases involving disputes regarding wills and probate. I really enjoyed this area as it was one I had not yet covered so it made it even more exciting. My tasks included preparing trial bundles, calling and writing to clients, counsel and court; amongst other administrative duties. I would definitely recommend this placement to others.
Lambeth County Court - by Osman Ali Lambeth County Court is a great experience which I enjoyed because I got an introduction into a legal environment. I attended this placement once a week and worked in two small teams. One team worked on the help desk with the team leader which was rotated each week. We guided clients to ensure that they were using the right court forms and understanding court fees. We also provided general information to assist our clients with their individual needs, however if any clients needed specific legal advice then we would sign post and refer them to other organisations. Through this placement we had the opportunity to watch civil trials take place and talk to judges, solicitors and barristers. I would advise other students to take part in this placement if they have the chance as it is both fun and rewarding.
Southwark Legal Services - by Theodora Anah I was fortunate enough to have had the opportunity to have been selected to participate in the work placement scheme with Southwark Legal Services. The placement is for one week; mine being in November. It is a full-time experience away from lectures. The week went by quickly as I was engaged with various teams while under the direct supervision of one person. I worked with the Housing, Governance, Contract, and Employment teams. I was able to give an opinion on a data protection matter and attended an EAT hearing. Overall the experience was interesting, eye-opening and fulfilling and I would encourage all to try to participate in it where possible. It helps you to form a more complete opinion as to where your working interest lies: whether contentious or non-contentious; private or government for instance.
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Dear Denning Dear Lord Denning, What is going on with the fault principle? Surely Lord Atkin taught us that we are only liable if we fail to take reasonable care. Now we read that the Supreme Court has held an education authority is liable for the negligent behaviour of swimming teachers who are employed by an independent contractor—not because the school is negligent, not because the negligent teachers are its employees, but because the duty is said to be ‘non-delegable’. This looks like strict liability, not fault-based liability. Is it not a principle of English freedom that strict liability should be strictly confined and not allowed to undermine the basic fault-based principles of individual responsibility that are so important in a free society? Yours sincerely,
Faustino Forsyte Tunbridge Wells Dear Faustino, I take it that the case you are writing about is Woodland v. Essex CC [2013] UKSC 66, in which Lord Sumption said, ‘English law has long recognised that non-delegable duties exist, but it does not have a single theory to explain when or why.’ [6] and that ‘The courts should be sensitive about imposing unreasonable financial burdens on those providing critical public services. A non-delegable duty of care should be imputed to schools only so far as it would be fair, just and reasonable to do so.’ [25] It seems to me that you are right that this case extends the reach of the non-delegable duty concept and that its effect is to extend the scope of liability irrespective of ‘personal’ fault (an education authority having, of course, ‘legal personality’). But you are wrong to be upset about this. I was very pleased to read the decision. So often in my career, the higher courts failed to understand and endorse the justice of my decisions. When I was a judge of first instance, I could do justice. When in the Court of Appeal, my chances of doing justice were about 1 in 3. When I was in the House of Lords, the odds worsened to 1 in 5, so I was happy to return to the Court of Appeal as Master of the Rolls. But Lord Sumption—and his colleagues in a Supreme Court that has developed a sturdy independence of mind—took his cue from my judgement in Cassidy v Ministry of Health [1951] 2 KB 343. This case arose in the aftermath of the creation of the National Health Service, a period in which health authorities sought to avoid responsibility by emphasising that the defective treatments and procedures that had caused the claimants’ harm were conducted by medical professionals, over whom they could have little control. The gist of the authority’s argument was that the professionals—not the authority— should bear the responsibility. But in Cassidy I held that ‘the hospital authorities are liable for his negligence in treating the patient. It does not depend on whether the contract under which he was employed was a contract of service or a contract for services. That is a fine distinction which is sometimes of importance; but not in cases such as the present, where the hospital authorities are themselves under a duty to use care in treating the patient.’ (362-363).
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At 365, I said that the case was about ‘negligence in the treatment itself which it was the employer's duty to provide’. That was also the case in Woodland. The swimming lessons were part of the curriculum that the authority was obliged to provide. It was not an extraneous option—a come-along-if-you like extra-curricular activity—although I might be inclined to hold the authority liable in those circumstances too if the different class of responsibility for risk were not blindingly obvious to the child’s parent or guardian. It is not realistic to expect parents and guardians to have taken out insurance policies to cover such risks. Underprivileged parents might well have no relevant insurance at all. This is quite different from the pure economic loss cases—SCM v Whittall , Spartan Steel and Alloys v Martin & Co [1972] 3 All ER 557—in which I held that the defendants were not to be held liable even though they could very well be said to have been at fault. The class of potential claimants matters. In the PEL cases we were looking at claims from businesses that will certainly be carrying some insurance and which can extend that cover to self-insure for the economic consequences of business interruptions that arise without any physical harm to their persons or to their physical property. Following the clear guidance that I gave in those cases, I am pleased to see that many businesses now do take out such business interruption insurance. In Roe v Minister of Health [1954] 2 QB 66 I considered a case in which no-one could reasonably be said to have enough knowledge of a risk to be under a duty to guard against it. So I found for the defendants. However, I wonder now whether I might go further to assist the devastated claimant in such a case. I commented in Roe that ‘the three questions, duty, causation, and remoteness, run continually into one another. It seems to me that they are simply three different ways of looking at one and the same question which is this: Is the consequence fairly to be regarded as within the risk created by the negligence?’ I might now be inclined to adapt that last sentence to read, ‘Is the consequence fairly to be regarded as within the risk created by the defendant’s enterprise?’ That question makes sense of some of the expansions of vicarious liability that we see in Lister v Hesley Hall Ltd [2001] 2 All ER 769 and Catholic Child Welfare Society and others v Various Claimants (FC) and others [2012] UKSC 56—the latter following my lead in thinking more about enterprise liability than about control over the particular employees. Individualist though I am, I think that the time has come to recognise openly that fault-based responsibility is a matter of attribution by judges after the event. The famous verbal trio set out in Caparo Industries plc v Dickman [1990] 2 AC 605, [1990] 1 All ER 568 argues that responsibility should be attributed only when it is ‘fair, just and reasonable’ to do so. In Caparo, that formula was invoked to justify the denial of responsibility. In Woodland it was used to justify expanding liability—‘A non-delegable duty of care should be imputed to schools only so far as it would be fair, just and reasonable to do so.’ [25]. You will say that, in all these cases, someone was at fault. But I would now ask what is ‘fault’ but the judge’s view of that X ought to bear the risk that has arisen to harm the claimant. In determining that, the good judge will be intensely interested in the actual and possible insurance arrangements and will attribute responsibility to the party best able to bear the risk. Remember, even negligence cases that seem to be straightforward examples of fault do not involve any decision about what the defendant did foresee. Rather they are based on what the defendant, in that judge’s view of all the circumstances, ought to have foreseen—meaning simply ought to be responsible for. That’s why I decided in Nettleship v Weston [1971] 3 All ER 581 that a learner driver should bear the risk of her instructor’s injuries. She was not morally at fault but she was the appropriate riskbearer in all the circumstances—including the insurance arrangements. The instructor, Mr Nettleship, was acting out of kindness and was not in the driving school business. He had checked, before agreeing to give lessons, that Mrs Weston was indeed insured. Had she not been, he could either have not given the lessons or could have self-insured. Remember, fault seems morally important but the protaganists in many of the disputes about what might or might not be fault are insurance companies. For them, the morality of the matter is not the real issue. They just need a clear answer to whether that king of risk is one for which they will have to pay. If it is, they will raise premiums to cover it. If it is not, they won’t. Yours sincerely,
Alfred, Lord Denning 13
Sir David Lloyd Jones The London South Bank University Student Law Society together with the Law Department hosted a talk by the Chairman of the Law Commission, The Right Honourable Justice Sir David Lloyd Jones, on 2nd December at Castle Lecture Theatre London Road building attended by law students and staff of the University, including the Vice-Chancellor, Professor David Phoenix OBE, and LSBU governor Douglas Denham St Pinnock. Sir David Lloyd Jones has been a judge of the Appeal Court since 2012 and judge of the High Court, Queen’s Bench Division since 2005. He is a Master of the Bench of the Middle Temple, Chairman of the Lord Chancellor’s Standing Committee on the Welsh Language, Deputy Chairman of the Parliamentary Boundary Commission of Wales, and a Member of the Advisory Council of the British Institute of International and Comparative Law. As Chair of the Law Commission, he established the Welsh Advisory Committee within the Law Commission to look into the laws made by the Assembly. The talk centred on the role of the Law Commission as an independent advisory body of the government created by the Law Commission Acts of 1965 and 2009 with the functions primarily to simplify the law by: codifying the law to make it accessible to people and the court; consolidating related statutory provisions in several different Acts to be located in one place; repealing unnecessary and obsolete statutes and providing advice to the legislature on European laws. As Sir David wryly observed, “Not much pressure there!” The Law Commission consists of five Commissioners with the Chairman as a High Court or Appeal Court judge and the other commissioners drawn from the ranks of judges, barristers, solicitors and teachers of law. The Commission takes on projects based from consultation with judges, governmental departments, voluntary and private sectors as well as the general public and later approved by the Lord Chancellor. The Law Commission’s current projects range from recommendations on level crossings, internet publication, cooperative societies, regulation of healthcare, data sharing between public bodies to kidnapping and many more topics, depending on the extent to which the law is unfair, the potential benefit from reform and also depending on the human and funding resources of the Commission. With Professor David Ormerod QC as one of the five Commissioners, the Commission has just started the process of reviewing sentencing procedure in England and Wales. This is a groundbreaking and important project. Important because Sir David noted that, in his capacity as an Appeal Court judge, he sees a surprising number of unlawful sentences. He ascribed that to the astonishing complexity of existing legislation. Groundbreaking because the Law Commission, which works closely with Parliamentary Counsel, is exploring the use of new techniques in drafting statutes. They are considering a statute which will not only contain a complete sentencing code but will be reviewed at set regular intervals, so that practitioners know when changes will take place. They are also looking at internal drafting techniques, including the innovative use of flowcharts. The Law Commission’s work also includes the repeal of archaic or redundant statutes. Whilst law students might welcome the simplification of the statute book, the Commission does receive complaints from members of the public who see British legal heritage as under threat. Apparently there have been dark mutterings from the USA about the repeal of ancient laws concerning turnpikes. However, Sir David shared the view of Edward VI (1537-1553): “I wish that the superfluous and tedious statutes were brought into one sum together, and made more plain and short.” Sir David ended his talk on an optimistic note stating that the Law Commission is an advisory body of the government only but that its existence has been enacted into law because of its importance in reforming the law ready and relevant for the 21 st century. The talk ended with thoughtful questions from the students and staff, ranging from reform of the Offences Against the Person Act (coming but not before current students do their criminal law exams!) to the funding of the Commission. Pedro Ugbene, the President of the Student Law Society closed proceedings with a vote of thanks.
Written by Judith Dela Cuesta
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Legal Advice Clinic Applications to work in the LSBU Legal Advice Clinic in the academic year 2015/16 will open at the end of March 2015. ALL LLB and CH undergraduate students will be sent an email to their LSBU email accounts shortly before the Easter vacation 2015. This email will contain an application pack and application form.
THE CLINIC SERVICE The LSBU Legal Advice Clinic is a free face-to-face community legal advice centre based at Caxton House on Borough Road. We opened to the public in September 2011 and have helped more than 1500 clients. The Clinic is open during term time only on Tuesday mornings, Wednesday mornings and afternoons, and Thursday evenings. You must be regularly available for one or more of these time slots. The daytime sessions are public drop-ins staffed by Student Clinic Volunteers under the supervision of solicitors on the Law Department staff. Working in pairs, trained students interview drop-in clients and either: Give generalist advice, under supervision Make referrals to local advice agencies and solicitors Or refer to our own evening sessions At our evening sessions, Student Volunteers shadow pro bono solicitors & barristers giving advice in particular areas of law such as housing, family and employment law.
YOUR COMMITMENT You need to be able to start volunteering and still be an LSBU law student in September 2015. The minimum time requirement for Student Clinic Volunteers is twelve sessions over one academic year. You also need to be available for two training days at the start of next academic year.
A HIGH QUALITY WORK PLACEMENT The Clinic was highly commended in the LawWorks and Attorney General’s Student Pro Bono Awards 2014 In 2013, the Clinic was praised in the Million+ think tank's report ‘Teaching that Matters’ for involving students in a valuable community service while they gain real-world legal experience, develop transferable skills and enhance their employability prospects. In 2012, the Clinic Team won the LSBU VC’s Enterprising Staff Award.
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Staff Profile Professor Sara Chandler Professor Sara Chandler is a housing solicitor specialising in landlord and tenant law. She works in London South Bank University's Legal Advice Clinic which provides free advice to members of the public in areas of social welfare law, particularly in housing, employment, social security and debt. She is Chair of the Law Society's Human Rights Commission and President of the Human Rights Commission of the Federation of European Bar Associations.
Tell us about your first job. My first job was working with refugees from Chile in 1974. On 11th September 1973 there was a military coup in Chile which resulted in thousands of deaths and political prisoners. Amnesty International and various human rights organisations worked with the United Nations High Commission for Refugees to secure the release of prisoners and to find them a safe refuge in other countries. Because I had been a student in Chile from 1971-2, studying agrarian reform for a PhD thesis, I was Spanish speaking and already had some knowledge of the history and political situation in Chile. This enabled me to work as a social worker in settling refugees in London for six years. In September 1980 I became a postgraduate student of the South Bank Polytechnic, studying the Certificate of Qualification in Social Work and a Diploma in Applied Social Studies. During my two years of study, I was lucky to have placements in the community which guided my career in the direction of welfare rights and human rights. On leaving the Polytechnic, I joined North Lewisham Law Centre in the Welfare Rights Unit, where I worked for ten years. Why did you choose to study law? During my time in the Welfare Rights Unit, I represented clients at their appeal tribunals and also clients at the county court in defending possession proceedings. I really enjoyed this and understood how important the law is for everybody to obtain their rights. I was encouraged by two of my female colleagues to study the CPE conversion course and I did so in evening classes at the City Polytechnic, where I also completed the Law Society Finals. I had studied politics on my first degree and I found the link to the law very relevant. Tell us about your experience studying for the CPE and the Law Society Finals. What did you enjoy about it, what did you find difficult and how did you get through it all? I was a mature student with two boys at school who were most amused to see Mum doing homework. I really enjoyed going back to study and met some very interesting fellow students. We formed a Saturday afternoon study group to help us get through as we found the large classes a bit unhelpful. There were no practical workshops in those days. We just had to cram ready to sit exams. There was no coursework, no practical exercises, no work experience, no placements, no workshops, no careers advice. We just had to learn standard answers and quote four cases per issue in the answers. Studying the law has improved immensely since then. I joined the Trainee Solicitors Group and campaigned with other junior lawyers for better training and better experience.
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What did you do then? I was lucky to get articles in a large legal aid firm in Peckham close to my home and qualified in 1995. I got my first post-qualification as a housing and social security solicitor at Hanne & Co. I spent a lot of time at Wandsworth County Court defending people with rent arrears at risk of losing their homes. I also continued my involvement with the Law Society as a member of the Young Solicitors Group and through my interest in European matters joined the Solicitors European Group of the Law Society. In 1998, I moved to Plumstead Community Law Centre, as one of their housing law solicitors and was part of a pioneering training scheme at Woolwich County Court. We enabled ten volunteers, mainly trainee solicitors or pupil barristers and some members of the community, to become duty advocates on housing possession days. I became chair of the Young Solicitors Group in 1999 and celebrated the year 2000 in a grand ceremony at the Law Society. I also became President of the South London Law Society a year later and linked up again with lawyers from all over South London. As a law centre solicitor, I was in a totally different situation to my colleagues in private practice and the local authority. I was asked to stand as a Law Society Council member and was elected in July 2002. I have been representing solicitors in law centres, university law clinics, charities and Citizens Advice Bureaux ever since.
What prompted you to move into human rights work? My background in social work and social welfare law gave me insights into how few rights some people have. In 2003, because I was known to speak Spanish, I was invited to interpret for a Colombian human rights lawyer. I was shocked as I did not know how dangerous it was to be a lawyer or a judge who was prepared to defend human rights in the face of death threats, attacks and assassinations. I was asked to help build a network of support among the legal professions in Europe and in 2008, we were able to go to Colombia with 70 lawyers to investigate the situation of human rights defenders. I became chair of Colombian Caravana UK Lawyers Group that year and have continued to be so ever since. I was chair of the Law Society Human Rights Committee from 2011-2014 and continue to work in the committee. I am also President of the Human Rights Commission of the Federation of European Bar Associations. In April 2014, I was honoured to receive the Human Rights Worker of the Year Award from the Spanish and Latin Community in the UK. How did you become a teacher? In 2002, I was recruited by the College of Law (now the University of Law) to be the supervising solicitor and recruitment co-ordinator of their Legal Advice Centre in Bloomsbury. Our pro bono programme grew and in 2005 I became Director of Pro Bono for all branches of the College of Law throughout England. I became a Professor in 2008 and focused on developing hands on experience for students to train in legal skills through assisting members of the public. An important part of this was to investigate and initiate practical training in legal ethics. In September 2012, I returned to South Bank and joined the Legal Advice Clinic where I still work as a supervising solicitor. In 2013, I launched the Lambeth County Court Helpdesk. On Tuesday afternoons, I organise outside speakers from a wide range of legal jobs to talk to LSBU students about how they became lawyers, what they do and what advice they would offer to our students. What do you do outside work? All my Law Society, Law Centres Movement, and other charitable work is an important part of my life outside work. It is immensely rewarding and I meet people who inspire me with their courage and dedication. I also swim, paint and play music.
Finally, any words of advice? Enjoy your studies. Find as many ways as possible of gaining practical legal experience while you are a law student because you will find that every step you take will bring you closer to your goal.
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Dignity Conference Human dignity is something mentioned within the variety of Human Rights treaties; however it is never truly defined and therefore exists as a vague concept which raises issues concerning what it covers. The conference discussed the ideas of dignity within various contexts, such as historically and within the context of the challenges of the modern world such as poverty, human rights in relation to the victims of child sexual abuse, and the disabled. We got the opportunity to hear from a range of speakers from different academic areas and backgrounds; this included some of our own lecturers as well as external members of the public who each offered comparably different views on the topic of human dignity. The conference began with a general introduction exploring the historical origins, context and some common conceptions of ‘dignity’, presented by Professor Max Weaver of the law department. The main part of the conference began when the panel of staff from different areas of study each gave subject specific presentations on Dignity. First was Professor John Taylor from Development Studies, his presentation concerned Human Dignity and Poverty, how the conception of dignity differs from that of those in poverty and those who are not in poverty, he also spoke about the many ways to define poverty and how this affects conceptions of dignity. The second person to speak was Dr Anne Ridley, a lecturer and researcher for the LSBU Psychology department, her talk was regarding the growing issue of Dignity and human rights for the victims of child sex abuse. She commented on the rather vicious ways in which children are questioned in court and gave some suggestions as of how to change this and make the system fairer to children and victims of sexual abuse. Dr Nicki Martin lecturer on critical disability studies was next to talk and she spoke about dignity for the disabled, following her was Sonia Leeyou on the topic of homelessness and the human rights act. Max Weaver was the final member of LSBU staff to speak and he discussed the legal conceptions of dignity. After a short break we returned and heard from Dr Margaret Clegg, a biological anthropologist from the Natural History Museum. She talked about the evolutionary perspective on human dignity using examples from the fossil and archaeological records and cultural perspectives.
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The more practical stage of the conference involved debates on whether apes should have rights and the sensitive topic of Death with Dignity, without going into too much detail as they could be articles by themselves, this comprised of civilised and intelligent discourse between members of LSBU, other educational organisations and members of the public. The final speaker, Andrew Puddephatt talked about human dignity and rights in the digital age. This dealt with issues of the public domain and how the internet now dominates the world and the potential problems with it, such as the mass surveillance being carried out by the likes of the NSA which has its own legal implications concerning privacy. He also discussed the rapid evolution of technology within the past few years and made projections on such growth. We shall conclude with our personal thoughts on the conference, which we found it was an enlightening experience and has highlighted the importance for such discussion on defining human dignity within the context of the human rights. It raised many delicate and interesting issues regarding the topic from a range of subject specific view points and we would like to thank Andy Unger for making available this opportunity to explore human dignity in relation to human rights.
By Brendan Fitzsimons and Matthew Quigley
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Lawyers’ Gallery There are two exciting initiatives coming soon from the Law Department – and you can get involved in both of them. Lawyers’ Gallery
Led by Dr Mike Rodney, a small team from the Department have embarked on a project of developing a permanent exhibition of photographs of lawyers who have made outstanding contributions towards the pursuit of social justice, sometimes at considerable sacrifice to themselves. Lawyers may be living or dead, from this country or anywhere else in the world. We hope that the photographs, accompanied by brief biographical details, will be initially displayed in a prominent place within the University, and we will run a launch event with prominent speakers from the world of human rights and social justice. The permanent home is likely to be in the Law Clinic, as well as in the Law Department. There will also be an accompanying website. We expect the list to be refreshed on a regular basis. So where do students come in? Well, we are planning to involve students in the nomination and voting process to choose the lawyers who will eventually be pictured. We will publish further details in semester 2 but if you have a lawyer in mind, why not do a little further research? Or perhaps you are interested in a country with human rights or social justice issues (and there are few countries without such issues). Can you identify lawyers active within that country who might qualify for inclusion? If you would like to have a further discussion about this project, please contact Dr Mike Rodney, Alan Russell, Alan Birbeck, Robert Hush or Kim Silver.
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E - Learning E - Learning Kim Silver and Paul Wynell-Sutherland would like your help. We are planning research into how you use the many and various technologies provided by the Department and the University, from iPads to e-books, Moodle to Westlaw. However, we don’t just want to know what you think, we don’t even just want to act on your feedback. We would like some of you to be actively involved in the project, in asking your fellow students, making suggestions and eventually designing a helpsheet for future students. If you would like to get involved, please contact one or both of us (silverk@lsbu.ac.uk, wynellsp@lsbu.ac.uk).
Why get involved in Departmental and Student Law Society projects? We are always delighted when students become involved in the various projects which the Department and/or the Student Law Society run, whether that be Streetlaw, mentoring, the Lambeth County Court helpdesk, The Devil’s Advocate, the Law Clinic, organising mooting and the Student Law Society itself. It’s a long list and getting longer all the time. We value your many and various perspectives and your experience. Why should you take part? As Akim Tejan-Cole says elsewhere in this issue, participating in extra-curricular projects can make all the difference to the quality of your experience during your degree. You will learn new skills and, when it comes to applying for jobs, you will have real experience to provide as evidence to support the assertions you make on application forms and at interviews. When you are asked the dreaded question, “Tell me about a time when you showed initiative/ persistence/creativity…” your problem won’t be not having an occasion to use but choosing which of many! Come and join us in these projects – we are supportive and helpful and we value your contributions. 21
Department message
Last semester was a very good one for both the Law Department and the Student Law Society. We have had some very good speaker events, including:
Sir Geoffrey Bindman QC, founding partner of Bindmans LLP and Visiting Professor in Law at LSBU, gave the Magna Carta Anniversary Lecture at the South London Law Society AGM;
- Imran Khan, Solicitor, Imran Khan & Partners and Visiting Professor in Law at LSBU provided a criminal law update;
- Simon Walsh of 5 Essex Court Chambers on the art of mooting;
- Justice Alliance showed their film Are You for Justice on the legal aid cuts with a question and answer session;
- Judge Tan Ikram, and Judge Alison McKenna gave one of our regular employability talks.
The Department put on a successful conference as part of the national Being Human Festival of the Humanities series of events throughout London. The Human Dignity Conference was staged in collaboration with the Natural History Museum and Dr Margaret Clegg from the Museum joined speakers from the Law Department and other University Departments to discuss what dignity means and how it can be protected. You will find a great account of it by Matthew Quigley and Brendan Fitzsimons in the magazine. We are very pleased to continue to work with the South London Law Society and other external bodies in offering such a wide range of prestigious talks. This semester, we look forward to hosting the Legal Action Group Annual Lecture with Baroness (Doreen) Lawrence and Imran Khan. And we have a great honour – one of our newest High Court judges is coming to speak to us. Not only is Ms Justice Alison Russell another addition to the growing number of female senior judges, she did her first degree at LSBU, when it was South Bank Polytechnic. We look forward to welcoming her back. News hot off the press is that the University has validated our newest LLM in Civil Litigation. This will be a CILEX qualifying Masters’ degree and include practice in the Legal Advice Centre. We hope that if you are currently studying for an LLB with us that you will consider staying on for this or another of our excellent Masters courses focusing on professional practice Our warmest congratulations go to Dr Emmanouela Mylonaki on her appointment as a Reader by the University. This is a senior University research post. We take great pleasure in working with the Law Society on so many initiatives covered elsewhere in the magazine, Streetlaw, mooting, the speaker programme, parties and dinners. Our thanks go to this year’s committee, who have worked very hard to make them a success. Please do consider standing for committee next year – it is an enjoyable and rewarding experience. A special mention to our mentors. This is a relatively recent initiative, where second and third year students offer support to first years. We hope that this will grow as it has benefits for both mentee and mentor. Finally, I would like to invite all LLB students to take part in our inaugural iPad competition. In our quest to develop and improve e-learning opportunities, we will be running a competition in semester 2 for the best use of the iPad to create or curate what we call in the trade a ‘learning object’ to help your fellow students learn an aspect of the core curriculum. It might be a podcast, videocast, animation or something that has not yet been invented! We will be judging entries on whether they are useful, accurate, engaging, professional and make good use of the technology. There will be PRIZES for the best overall, the best by year, the most creative and the most entertaining. So watch this space! Finally, don’t forget to follow us on Twitter - @lsbu_law
Andy Unger, HoD Law
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Illuminating opportunities for lawyers With expertise in crime & litigation, international criminal law & procedure, international human rights & development and civil litigation & dispute resolution, LSBU is a popular choice for London lawyers looking to specialise.
Brighter reasons to study at LSBU A local Southwark campus with excellent transport links; Full-time and part-time course delivery offered; L LMs delivered by experienced academics and guest leading practitioners including Imran Khan Solicitor (acted for family of Stephen Lawrence), Joel Bennathan QC and Roger Smith, former Director of Justice; – An excellent scholarship package for postgraduate students.
Find out more at: lsbu.ac.uk Email: course.enquiry@lsbu.ac.uk Tel: 0800 923 8888
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