The European Arrest Warrant
EE FR
Coffee & Cocaine In Colombia
Will Lucasfilm Strike Back?
dictum. Issue 4 October 2011
noun (plural dicta /-t∂/ or dictums)
A Summer Not to Forget.
LGIR student magazine. www.dictumlawmagazine.com
welcome message
dictum. EDITOR. David Burton NEWS EDITOR. Augustas Jankauskas SPECIAL FOCUS EDITOR. Ricky O’Brien FEATURES EDITOR Jade Fitzgerald CAREERS EDITOR. Fazl Buchari LAW REPORTS EDITOR. Ayodeji Oladimeji POLITICS & INTERNATIONAL RELATIONS EDITOR Megan Warren WRITERS & CONTRIBUTORS. Gabriele Ruberto Steven Robinson Soni Marti Singh Chetak Gandhi Leena Lais Asaad Qureshi Jasmin Atrafshan GUEST WRITERS. Reshika Mendis Tim Kevan Patricia McHale Maggie Hammond ART DIRECTOR. George Sandilands
tion within Dictum that they can use to help enhance their studies whilst highlighting exciting new areas of potential study. This issue illustrates this aim through several of our articles, most notably, the article on Energy Law written by our Special Focus Editor and the articles on Acculaw and CSET authored by a careers contributor and our own Features Editor respectively. Whilst at the same time we have maintained our reputation for providing up to date legal news and judgements from across a wide range of sectors. To all those involved past and
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Letter from the Editor Welcome all to Dictum student law magazines fourth issue and the first of this new academic year. As I am sure is the case for a great many of you the summer has brought forth many life altering changes, whether it be moving away from home for the first time or simply moving that one step closer to the end of your studies and beginning to set out plans for the next step in your legal career, that next challenge. Just like you, Dictum itself has undergone significant changes, changes that I believe highlight an evolutionary step for this student run law magazine. Dictum still aims to provide its readers, regardless of what stage you are at in your legal career with up to date, informative and precise articles and case reviews. Those of you who are familiar with this publication will notice a few substantial changes to Dictums content and aesthetics, as we have tried to increase the workable law aspect so that our readers can hopefully find informapresent Dictum has become a labour of love, it is because of this that we sincerely hope that you not only enjoy reading this publication, but that you become a part of it yourself as it must never be forgotten that Dictum student law magazine was created by students, for students.
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David Burton Editor
contents
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Super-Injunctions: Where does the law stand today? Court rejects stay of execution eorgia death row inmate T roy D avis
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Wannabe Solicitors get a head start Is restricting yourself to a local market re ally wise
Autocleanz Limited v Belcher & Others “Minimum Wage case Revolutionary Trainee Model Introduced to
adventure
allow fair access into the legal profession
“analysis of Acculaw
tart of a new tradition at L ondon
Met?
Procrastination page
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in the news
Super-Injunctions: Where does the law stand today?
by Augustas Jankauskas
A recent report of the Commit-
by-case basis by the courts or, at a tee on super-injunctions which was more general level by Parliament. chaired by the Master of the Rolls, Lord Neuberger, provides guid- The Committee provided a clear ance to lawyers and journalists on description on Super-Injunctions the steps which have to be followed and Anonymised Injunctions. It before a Super-Injunction or an concludes that the term super-inAnonymised Injunctions is applied junction can properly be defined for. The main purpose of this report as follows: a super-injunction is an was to clarify the court processes interim injunction which restrains and to establish the framework in a person from: (i) publishing inforwhich such applications may be mation which concerns the applimade and should be decided. The cant and is said to be confidential Committee has also produced a or private; and (ii) publicising or draft form of Guidance and a draft informing others of the existence Model Order for use in future cases. of the order and the proceedings. Whereas an Anonymised InjuncThe Committee brought up the im- tion is an interim injunction which portance of open justice as a fun- restrains a person from publishing damental constitutional principle information which concerns the and the significance of balancing applicant and is said to be confiit in Super-Injunctions and An- dential or private where the names onymised Injunctions cases. The of either or both of the parties to principle requires that all aspects of the proceedings are not stated. court proceedings should be open A breach of Super-Injunction terms to the public and the media; it only constitutes as an interference with allows rare exceptions, the ones the proper administration of juswhich are created by statute or those tice and a contempt of court, this which involve judicial discretion. may result in committal, the imposition of a fine or sequestraAlthough there was protection for tion of property, the report said. confidential information for a long time, a general right to respect for privacy was not recognised until 2000. There were a number of concerns about the way in which the law of privacy and confidentiality has developed since the introduction of the Human Rights Act 1998. These concerns particularly rose in interim injunction cases, given Parliament’s intention in passing section 12 of that Act, which was concerned with maintaining a balance between privacy and freedom of expression. The Committee ruled that such concerns must be addressed either on a case-
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created misconceptions as to how long Super-Injunctions last. Misleading claims that a Super-Injunction has been in place for a number of years sparked a fear that a new form of permanent secret justice is developing. Where, in fact, the injunction concerned is merely anonymised, and there is no prohibition to disclose the existence of the proceedings and order to the public.
Super-Injunctions and Anonymised Injunctions represent a new extension of established forms of anonymity, privacy and non-disclosure orders in that, they are used The term Super-Injunction was to protect substantive legal rights coined by The Guardian in relation which have, in accordance with the to the prohibiting of reporting the Human Rights Act, developed beexistence of the proceedings. A pro- yond their previous historical limhibition on the disclosure or commu- its. In the recent past, they have nication of the existence of the order also sometimes been more wideand the proceedings is the ‘super’ ly used than is strictly necessary. element of the interim injunction. According to the report the case law The Committee concluded that the also clarifies that where individuterm Super-Injunction is usually als seek to protect private informaused incorrectly to refer to an An- tion by way of interim injunction onymised Injunction. This has led they now rarely apply for Superto a false view that Super-Injunc- Injunctions, and in some cases they tions are very common and has point out that they are not doing so.
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in the news Moreover, the applications for Super-Injunctions are rarely granted. Since January 2010 only two SuperInjunctions have been granted. One was overturned on appeal and the second was only enforced for seven days. The report stresses that Super-Injunctions are now only being granted for very short periods and only where this level of secrecy is necessary. However, the courts have seen an increase in anonymised orders where the names of the parties involved are kept from the public, but not the existence of an injunction. The Committee also clarified the court’s approach to granting Super-Injunctions, according to the report they should only be granted for a short period, in order to provide effective service of the injunction or to maintain secrecy pend-
ing an on-notice hearing of the interim injunction application. They can only properly be granted for longer periods where such restraint is strictly necessary on the facts. As mentioned before there was a fear that a Super-Injunction can become a permanent form of secret justice. The reason for this was the absence of any return date in the order i.e., it did not specify when the matter had to return before the court. The proceedings in such circumstances could then continue indefinitely, without having to come back before the court, unless, the other party served with the order bring it back before the courts. A further development and requirement is that Super-Injunctions and Anonymised Injunctions must
contain a return date ensuring that such injunctions cannot in practice become permanent, unless in very rare cases where it may be justified. “The Committee’s recommendations, once implemented, are intended to ensure that the proper balance is struck between the interests of claimants and defendants (who are usually media organisations). They should also ensure that exceptions to the principle of open justice will only be allowed when they are strictly necessary in the interests of justice, and that when allowed they will go no further than is strictly necessary. This should mean that Super-Injunctions will only be granted in very limited circumstances and, at least normally, for very short periods of time,” the report said.
Hollywood studios win a landmark website blocking order. An injunction by the High Court, under the Copyrights Designs & Patents Act will prevent BT’s customers from accessing the Newzbin2 website. Hollywood Studios argued that an injunction was the most effective method of closing down the Newzbin website, which has been used to receive infringing copies of copyright works made available to BT subscribers by Newzbin2, website provides its membership with an index of films, music and software available for free. BT did not appeal the ruling; in fact it actually welcomed the order. The Motion Picture Association (MPA) president Cris Marcich said that the ruling is a” victory for millions of people working in the UK creative industries” However, Mike O’Connor, chief executive of Consumer Focus, said that “website blocking only treats the symptoms not the cause of why consumers infringe copyright”, he also added that “consumers will try to find other
sources and the only long term solution is more and better legal alternatives”. One of the reasons why UK consumers look for alternative illegal options to download movies is the “Release windows” imposed by Hollywood studios. Currently Sky has an exclusive deal so that for 15 months after cinema release it is the only provider that can show a Hollywood movie online or on television. Experts argue that in order to meet consumer demand for movies there has to be more services operating legally, with different price points, either through subscription or pay-per-view, according to them this is the only viable long-term solution. This is where the members of the Motion Picture Association has to be ‘innovative and focus on meeting UK consumer demand legally’.
by Augustas Jankauskas
won’t work to stop infringement or boost creative industries”, said campaigner Peter Bradwell. He added that “there are serious risks of legitimate content being blocked and service slowdown. Instead there should be more focus on genuine market reforms “. Overall the ruling was welcomed; in a “test case” that “sets a clear legal precedent” that Internet Service Providers can be forced to act against copyright infringement via their networks. Lord Puttnam, president of the Film Distributor’s Association said; “Finally, it seems we have a way to deal with rogue sites which will benefit the film industry including UK independent distributors and the entire creative sector.”
However, the case had some criticism. The Open Rights Group claimed that blocking access to websites was “pointless and dangerous”. “These judgments
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in the news Possible iPhone 5 ban in UK
Samsung are currently seeking European and Korean injunctions against Apple’s latest iPhone, despite little known details about the iPhone 5. Samsung believes the soon to be released iPhone uses technology that directly infringes upon its own patents.
Should case law be searchable on Google?
The charity BAILII argues not. Although in general it is good for the public to have a greater understanding and access to recent and archived judgements, BAILII argue that the information still needs to be monitored and managed in a practical way.
11th Hour reprieve for Dale Farm residents
Friday 23rd September saw multiple judicial reviews lodged as a final decision on the resident’s right to remain at the Dale Farm site was delayed by High Court judge Mr Justice Edwards-Stuart although he did re-iterate that the “ultimate eviction was going to happen” . The additional judicial reviews over the site will likely delay a decision for many more weeks and add to the already bloated £18million costs, in a legal argument that extends across many sectors. Friday’s injunction was granted over fears that the eviction “may go further” than allowed. No final decision before issue went to print, look out for more in January 2012 issue of Dictum.
Broadcasters forced to hand riot footage to police
The BBC, ITN and Sky News have been forced to hand over untransmitted material from Augusts riots after the Metropolitan Police obtained court orders under the Police and Criminal Evidence Act 1984 (PACE) forcing the release of the footage. PACE allows a judge to order broadcasters to pass on material if there are “reasonable grounds” that a serious offence has been committed, as the police continue to look through footage to find potential offences.
on no
Prime Minister fee ’ overhaul
to back down on by
Dowler
family
The parents of Milly Dowler have written to both Prime Minister David Cameron and Deputy Prime Minister Nick Clegg over the impending reforms of ‘no win no fee’ agreements, arguing that without such an agreement they would not have been able to bring a claim against News International over the phone-hacking scandal. They also ask the Government to reconsider the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill which would directly change the ‘no win no fee’ agreements.
US Supreme Court rejects stay of execution for Georgia death row inmate Troy Davis
The USA put Troy Davis to death on the 21st September 2011 after a last ditch appeal to the highest court in the US for a reduction in sentence. Convicted of murdering a police officer in the State of Georgia in 1989. Brian Kammer, a lawyer for Davis, said that ‘newly available evidence revealed that false, misleading and inaccurate information was presented at the trial’. Davis had received support from among others a former FBI director, former President Jimmy Carter and Pope Benedict XVI.
EU bailouts are lawful, rules German constitutional
EU border police ‘knowingly aiding and abetting’ abuse of migrants in G reece , H uman R ights W atch warn . A recent report on the conditions in five Greek asylum and detention centres accused the EU’s external borders agency of turning a blind eye to the torture, beating, and systematic degradation of illegal migrants detained after attempting to enter Europe via the Turkish border.
Pressure ‘no win,
court
On 7th September 2011 the German Constitutional Court rejected the claims by a group of German professors that the multimillion euro bailouts for struggling Eurozone members Greece, Portugal and the Republic of Ireland was unconstitutional in Germany – a major provider of bailout money. The academics argued the bailout was in breach of Articles 20 and 28 of the German Constitution (breach of the right to democratic representation), Article 38 (transfer of rights – leading to creation of EU supranational state), Article 14 regarding protection of property and Article 125 of the Lisbon Treaty ((TFEU) that neither the EU nor member states must assume debt from other members without justification).
158 lawyers and academics claim that the law on squatting is being misrepresented
In a letter addressed to the Guardian it is claimed that the law on squatting is being misrepresented by politicians and the media. For the full letter refer to www.guardian.co.uk on 25 September 2011 and look out for the January 2012 issue of Dictum for further updates. The government are currently looking into reforming the law on trespass and squatting.
Tribunal rules on dismissed employee for Facebook comment
Employment tribunal decided on 26th September 2011, that EA Whitham was unfairly dismissed by her employer after she was fired for comments she posted about her workplace on Facebook. It was decided that the reason Whitham’s employer gave for dismissal were not ‘reasonable’.
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in the news ‘Secret trial’ in Scotland reveals disturbing development ‘Eye for an Eye’ retribution for Iranian
Media reporting was banned in a recent Scottish case highlighting the extraordinary power of Scottish courts to hold trials in secret. The relatively insignificant case held at an Inverness Sheriff court was heard in closed session, which is not unheard of in cases involving minors. However it is normal practice to allow the media to report the case, albeit with identification restrictions. Scots Law for Journalists author, Rosalind McInnes, said “It is extraordinary. What you have here is, in effect, a secret trial. Why the media should be kicked out, I have no idea.”
Law Commission has responded with visible disappointment as government shelves cohabitation reform
The government has decided not to progress with a proposed reform of cohabitation law during this parliamentary term citing insufficient evidence in support of potential reform. Professor Cooke, speaking on behalf of the Law Commission, said that “existing law was uncertain and expensive to apply, and, because it was not designed for cohabitants, often gave rise to results that were unjust ... the prevalence of cohabitation, and of the birth of children to couples who live together, means that the need for reform of the law can only become more pressing over time”
Compensation for Blood Sunday victim families
waiter
The Supreme Court of the Islamic Republic of Iran handed out retributive justice after a 26-year-old waiter had confessed to hurling acid at a man in 2006. In recent years there have been several acid attacks in Iran where the same sentence was awarded.
Embarrassment as e-petition suggests rioters be sent to O uter H ebrides
E-petition suggested that Augusts rioters be “banished” to the islands where there is “no electricity or running water”. The petition forced the leader of the House of Commons Angus MacNeil to apologise after many complaints. The idea of an e-petition is that once a 100,000 signatures are collected the petition is passed to a back-bench committee which decides on the validity of the petition and whether the House of Commons should debate the issue.
The UK Supreme Court is set to host mock ‘Ecocide ’ trial
On 30th September the Supreme Court will host a one day mock ‘Ecocide’ trial, which will act as if the crime of Ecocide had been adopted and will hope to raise interesting questions such as who could be prosecuted under the proposed law. The trial is designed under the assumption that Ecocide is classed alongside Genocide, Crimes Against Humanity, Crimes of Aggression and War Crimes and is categorised as the 5th Crime Against Peace.
The Ministry of Defence is preparing to offer the victim families of the 1972 Blood Sunday civil rights protest in Derry/Londonderry compensation after many years of legal proceedings. This comes a year after Prime Minister David Cameron offered an official apology, publicly condoning the shootings as “wrong” based on the landmark Lord Saville report which was critical of the British Army’s conduct on Bloody Sunday. On 26th September some relatives of the victims firmly rejected the offer saying that they find it ‘repulsive’, and L egal aid phone gateway - judicial review chal would not take any compensation for personal gain. lenge A judicial review has been launched by a group of 10 leading law firms who specialise in comBoth US and Czech companies can use Budweiser munity case law who seek to challenge recent mark , ECJ rules government plans to force legal aid clients to In a legal battle lasting more than 30 years the access legal services through a single telephone European Court of Justice has ruled that the US gateway. The challenge is based upon the belief Anheuser-Busch company and the Czech brewer that a telephone service as the only access to Budejovický Budvar will both be allowed to conlegal help would in fact deny community care tinue using the Budweiser trademark in the United clients’ access to justice. Kingdom. The Court rules that consumers were sufficiently aware of the distinguishing features between the two beers. The decision is based upon the EU’s trademark directive.
TWO MONTHS in jail for taking photograph in courtroom
Paul Thompson, 19, who was sitting in Luton Crown Court’s public gallery watching a friend’s sentencing for robbery, took a photograph of the inside of the court and received a jail sentence of two months himself for contempt under S.41 Criminal Justice Act 1925, which prohibits the taking of photographs in court with the sentencing guidelines being a fine or up to two years imprisonment. The use of mobile phones in court is currently under review with final guidance due before 2012.
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in the news Are cameras in court the future?
Cash-strapped Ministry of Justice Bureaucrats have pocketed more than £160M illion
Justice Secretary Kenneth Clarke has decided to allow judgements to be broadcast in a bid to gain the general public’s interest in judicial proceedings, starting with the court of appeal. But will the broadcasted proceeding turn into the sometimes unappealing televised Prime Ministers Question Time? If it did would it be such a bad thing?
Court clerk first to be prosecuted under Bribery Act 2010
Munir Yakub Patel, a court clerk at Redbridge Magistrates’ Court in Ilford, London is the first person to be prosecuted under the Bribery Act 2010, specifically Section 2 for requesting and receiving a bribe intending to improperly perform his functions. Mr Patel is remanded in custody until he enters his plea at Southwark Crown Court on 14th October. 2011.
International
The Ministry of Justice is facing some of the deepest cuts proposed by Whitehall, with an estimated 15,000 job losses. This figure potentially leaves the ministry with a redundancy bill of £800Million with some 3,289 staff already receiving redundancy packages averaging £50,000 each and in one voluntary redundancy case a package worth almost £500,000, while 12 others received around £250,000. All this at the time the ministry is defending its ‘access to justice’ cuts.
Banks will be forced to separate their retail and investment arms by 2019, says I ndependent C ommission on B anking (ICB)
A banking activity that many believe exacerbated the financial meltdown in 2008, will come to a close by 2019. Banks will be forced to separate its customer deposits from their commercial and investment pursuits.
Criminal Court Prosecutor should be cho-
Stalking Laws to be made tougher
sen on merit
Over the coming months the ICC will face it’s most significant leadership transition since its 2002 inception as in December 2011 the current and first prosecutor Luis Moreno-Ocampo must step down along with 6 out of 18 Judges. Due to the role of the ICC its election process must not be political in nature, which the court is often criticised for. Particularly after considering some of its judicial appointments, some having little or no trial experience, this only seeks to impair the integrity of the court. The elections later this year have a respected former attorney general from The Gambia and the current deputy prosecutor, Fatou Bensoda, as the leading candidate.
40% of prisoners’ pay to be given to their victims
Justice Secretary Kenneth Clarke’s rehabilitation scheme will see prisoners pay, under the Prisoners’ Earnings Act 2011, taken by 40% in an attempt to support victims. With the intention of raising £1million a year, the scheme will affect around 500 inmates who work outside of prisons.
The Shadow home secretary Yvette Cooper in a speech at the Labour Party’s conference has suggested that stalking laws be toughened in calls to prevent “heinous crimes” of violence. This comes as a cross party group of parliamentarians are currently investigating the legal issues around stalking as currently in England and Wales it is not a specific offence with legislation referring only to harassment.
Nigerian convicted of rape cannot be deported from UK, European Court on Human Rights rules
The European Court on Human Rights based in Strasbourg have ruled that a Nigerian man, known as AA, would have his right to family life ‘violated’ if he was sent back to Nigeria based upon a potential deportation being disproportionate to the legitimate aim of the ‘prevention of disorder and crime’. ‘AA’ was convicted of rape at 15 however parole reports have shown he has responded “positively” to rehabilitation and is deemed to pose a low risk of reoffending.
Why Met Police invoked Official Secrets Act on the Saudi Arabia to give women right to vote... in Guardian MPs have summoned Deputy Assistant Commissioner 2015 Mark Simmons to explain why the Met decided to invoke the Official Secrets Act and force the newspaper to reveal the sources it used during the phone hacking scandal. The Met dropped the application to force the Guardian to reveal its sources after the Assistant Commissioner held discussions with the Crown Prosecution Service.
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King Abdullah bin Abdulaziz announced a new law which will come into force in 2015, that will grant women the right to vote and to run in elections in Saudi Arabia. Although Saudi Arabia currently enforces segregation of the sexes, King Abdulaziz stated that the new law is in accordance with Sharia law.
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law reports R (on pellant) Chelsea
McDonald) (Apv Royal Borough of Kensington & (Respondents) [2011] UKSC 33
the
application
The Appellant, seeking to challenge the lawfulness of the Respondent’s decision to amend her care package by substituting her night time carer with provision of incontinence pads when the Appellant is not in fact incontinent. Ms McDonald, the Appellant, had suffered a stroke in September 1999 leaving her with severe immobility and a small neurogenic bladder condition that makes her use the toilet late at night more frequently. The Respondent, Royal Borough of Chelsea & Kensington sought to review her care needs by withdrawing the night time carer, which would provide a £22000per annum savings on the cost of providing Ms McDonald care. An action at the High Court by the Appellant was dismissed on the limited strength of its argument. The Court of Appeal saw differently;
of
ruling that as at the time proceedings commenced, the Respondent had been in breach of its statutory duty and then went on to say the Appellant had no substantial complaint. She appealed to the Supreme Court on four points but most notably was (i) decision breached her rights under Article 8 ECHR, (ii) decision was in breach of section 21 Disability Discrimination Act( DDA) 1995. The Supreme Court by a majority of 4-1 dismissed the appeal with Lady Hale holding the dissenting view. The reasoning amongst other things was that the Appellant could not establish interference with her Article 8 rights and that she also failed to show that the Respondent’s decision could properly be characterised as a “practice, policy or procedure” which would put it in breach of its section 21 DDA duties.
Lucasfilm Limited & Others (Appellants) v Ainsworth & another (Respondents) [2011] UKSC 39 The appeal raised two distinct legal issues: (1) definition of ‘Sculpture’ in the Copyrights, Designs & patents Act 1988; (2) whether a UK court can rule on justiciability of a foreign copyright claim. The case also concerns intellectual property rights in various artefacts made for use in the first star wars film. The item concerned was the imperial stormtrooper helmet which the respondent had reproduced for sale without any recourse to the appellants who own copyrights in
Al
Rawi & others (Respondent) (Respondents) v The Security Service & others (Appellants) [2011] UKSC 34 The question is whether the court has the power to order a “closed material procedure” for the whole or part of the trial of a civil claim for damages. The Respondents claimed compensation for their alleged detention and mistreatment by foreign authorities in locations that included Guantanamo Bay and the Appellants named as complicit to the whole episode. The Appellants advocated for a closed material procedure to present to the court what they claim to be security sensitive material in their defence which was not to be disclosed to the Respondents. In other words, they wanted a closed defence and proceedings to take place with parallel open and closed hearings and judgments, to which all the Respondents objected. This formed the basis of the preliminary issue where a “closed material procedure” was defined. At first instance, a declaration was granted that it could be lawful and
the artistic works created for the star wars film. Lucasfilm had obtained judgement against the respondent in the US and also commenced proceedings in the English High Court for claims of infringement of both English and US copyrights laws. The High Court dismissed claims for infringement of English copyright but held that US copyrights claims were justiciable and US copyrights law had been infringed. In the following suit, the Court of Appeal allowed the respondent’s appeal but held
proper for court to order closed material procedure in a civil claim for damages. The Court of Appeal disagreed, denying a court had such a power. The Supreme Court, by a majority dismissed the appeal on the basis that at common law, there’s no such power to replace public interest immunity, whereby a judge decides whether in public interest certain material should be excluded from a hearing with a closed material procedure. The court went further to state that a court cannot exercise its power to regulate its own procedures in such a way that should deny parties their common law right to a fair trial and acknowledging that it (HL) had previously decided that the right to be confronted by one’s accusers is a fundamental element of the common law right to a fair trial that the court cannot do away with in the plain exercise of its inherent power, deeming it as something only Parliament can achieve.
that US copyright claims were not justiciable. Lucasfilm then appealed to the Supreme Court which unanimously allowed the appeal and held US copyright claims were justiciable in English proceedings. Their Lordship’s reasoning was that, provided there was a basis for in personam jurisdiction over the defendant, an English court does have jurisdiction to try a claim for infringement of copyright claim of the kind involved in the present action.
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features
The European Arrest Warrant: Supra-national efficiency or modern injustice? One of the many issues surrounding Julian Assange’s extradition trial relates to the instrument under which he would be extradited to Sweden – the European Arrest Warrant (EAW). It might sound rather surprising to some that the EAW has been in force since January 2004, as it has not made many headlines since. In the past few years a fierce debate has developed over whether the EAW should be reformed, and Assange’s trial (see box) has had the consequence of putting a spotlight on this topic. The EAW is strongly supported by the Council of the European Union and consequently by Member States, while it is criticised by human rights and non-governmental organisations. The European Commission has acknowledged the problems with the EAW. But who is right? Do we need a reform of the EAW or not?
Gabriele Ruberto to the events of September 11. The EAW was created by These critics referred to the exCouncil Framework Decision cessive speed with which the 2002/584/JHA and came into instrument had been passed by force on 1 January 2004. Based the EU institutions. Seven years on the “mutual recognition” after its introduction, some principle, the EAW is a fast- flaws have clearly emerged. track system of extradition that imposes on a national judicial The main problem with authority – the executing judi- the EAW, as it is at the mocial authority – the obligation ment, is undoubtedly the lack to recognise ipso facto, and of a test of proportionality. with very little formalities, a request by the judicial authority of another member state – the issuing judicial authority – for the surrender of a person. Article 1(1) of the Framework Decision defines the EAW as a “judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order”.
The absence of a proportionality test has rendered it possible for some Member States to issue EAWs for minor offences. Some of these states, such as Poland, The EAW could not be issued issue a great number of EAWs To answer these ques- in any case, but – according to because their criminal codes or tions, it is necessary to ana- article 2(1) – only “for acts pun- their constitutions impose that lyse the nature of the EAW. ishable by the law of the issu- all offences must be prosecuted, ing Member State by a custodial even where they are trivial. In What is the European Arrest sentence or a detention order for 2009 Polish authorities issued Warrant? a maximum period of at least more than 4,800 EAWs, whilst 12 months or, where a sentence the UK issued only 220. As a reThe European Arrest War- has been passed or a detention sult, in recent years courts have rant has its roots in the Tam- order has been made, for sen- dealt with extradition cases inpere European Council of Oc- tences of at least four months”. volving minor offences, such tober 1999, where Member as the stealing of a cake or of a States called for the principle The problems with the EAW wardrobe door. A measure such of “mutual recognition” to Some critics have defined the as that of the extradition of a be the cornerstone of a Euro- EAW as the “knee-jerk reac- person, which is draconian in pean law-enforcement area. tion” of the European Union its nature, appears totally dis-
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features
The case for a reform Member States regard the EAW
European Union, but only an analysis of the problems that this very peculiar instrument has caused. Neither is this a call for a complete repeal of the EAW. It appears quite obvious that the EU needs an efficient system of extradition within its borders. As to the end of 2009, there were almost 12 million EU citizens living in another Member State. This means that real and effective cooperation between Member States in criminal and procedural matters remains mandatory. However, cooperation mechanisms should not be implemented in disregard of human rights, justice and fairness. Furthermore, considering that the extradition process is fairly expensive and that the EU is facing unprecIt might be worth emphasising edented economic challenges, that this is not a general criti- the case for a reform seems cism to the institutions of the to be sufficiently convincing.
Julian Assange’s extradition case — Gabriele Ruberto JULIAN ASSANGE, the editor-inchief of Wikileaks, is wanted in Sweden to face accusations of rape, sexual molestation and unlawful coercion. Assange was arrested under a European Arrest Warrant and initially denied bail by the District Judge, on the ground that he may have absconded. He was subsequently granted bail by the High Court. The extradition hearing took place at the beginning of February before the City of Westminster Magistrate Court. On 24 February, the court ordered the extradition of Mr. Assange. As explained in the article on the European Arrest Warrant, the EAW cannot be refused on grounds of proportionality, but only on the basis of technical inaccuracies in the request. The judge considered the technical issues on which Assange’s defense was based and decided that he
Box
proportionate in such cases. as a fundamental tool and believe that the overall success that At the same time, the execut- the instrument has had in recent ing authority has no power to years largely outweighs the refuse an EAW on the grounds “minor” flaws that the Framethat this would be dispropor- work Decision may contain. tionate to the offence committed, meaning that it must However, in light of the argublindly rely on the request by ments presented above, the case the issuing authority. Even in for a reform of the EAW might those cases where the execut- well be sustained. The lack of a ing authority could indeed re- test of proportionality has led fuse to execute an EAW – e.g. to serious injustices in the use when it is persuaded that the of the EAW. The issuing and experson involved is not the in- ecution of extradition requests dividual wanted for the rel- in cases involving negligible evant offence – the issuing offences does not strike a sufstate is under no obligation to ficiently good balance between withdraw the warrant. This the need of Member States to means that each time the in- extradite alleged criminals and dividual crosses the border, the protection of the fundahe/she risks being re-arrested. mental rights of the individual.
passed “the threshold of being an “accused” person”. The court did have regard to the allegations – made by his lawyers – that Assange might be at risk of torture, but concluded that the extradition was “compatible with the defendant’s Convention rights”. Mr. Assange appealed to the High Court. The hearing took place on 12/13 July. In this occasion, Assange replaced the two members of his legal team and used a more conciliatory approach. His lawyers did not directly argue, as it was done at an earlier stage, that if Assange were to be extradited to Sweden, he would then be transferred to the US, where he would be detained in Guantanamo and face the risk of a death penalty. This might be understandable, as there is no concrete suggestion that it would be easier for the US to extradite Assange from Sweden than from the
UK. It might in fact be the contrary. Extradition between the UK and the US is regulated by the much-criticised Extradition Act 2003, under which the US does not have to provide prima facie evidence that an offence has been committed. In the case of a request of extradition from Sweden, the US would probably have to pass a higher test and show that there were reasonable grounds for the extradition. The decision by the High Court is still pending.
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features
Commercial Copycat Crime: An overview of the common law action: passing off
So
By Jade Fitzgerald
what is passing off ?
This legal issue is contained in the area of Intellectual Property law and plays a major role in the regulating of products as well as safe keeping consumer bases for individual businesses. Passing off in most cases will be achieved by one party mimicking another’s goods, by, for instance using a similar packaging, design, or slogan which in turn amounts to that company’s reputation and consumer base being usurped. It is often very detrimental to both business and consumer as the differences in products can be extremely difficult to spot therefore allowing the party to profit off the back of a successful established idea with a minor tweak. And so with this being said the law of passing off does come as a sort of blessing in disguise to brand innovators as unfortunately there is no common law action in unfair competition which can be brought, as such to prevent the imitation of products. The law of passing off however can protect the getup of products in certain cases and can provide wider redress than trademark law in some instances. B urden
of
The first requirement is that there must be good will or an established reputation set up in relation to the goods or services from which the consumer calls to mind due to the identifying get-up of the product. It is in this way that over time the consumer recognises the brand as distinctive due to the owner’s innovation or ‘stamp’ on the product. The second and most important requirement is to prove that a misrepresentation has occurred by way of the other trader which has led the consumer to believe in the validity of the goods as the brand innovator. Lastly, the most important component is that the damage has to be caused by the mistaken belief of the customer as to the source of the goods. Considering this, as a result of this case, it is evident that there is no formal protection for product getup itself but alternatively for the reputation built up over time. This is clearly an invaluable asset to a brand and has the potential to be most damaged as a consequence of a passing off action.
P roof :
The law can be quite muddied in this area due to the fact that, in look-a-like disputes, the brand owner must convince the court that as a result of the competitor’s action the consumer has indeed confused the well established brand from which he/she would usually buy with the other copycat product. In response to this uncertainty, the case of William Edge & Sons v William Nicholls & Sons or the Jif case provided some authority on the matter ruling that protection of products could be afforded where the exterior appearance of the goods were supposedly imitated as opposed to the actual brand name. This was displayed in this particular case as the Jif lemon juice product which was housed in a plastic lemon shaped container was imitated by another seller passing off his product in the same kind of packaging. It is important to clarify however that the judgment did not rule in favour of the injured party due to the fact that they held a monopoly on that particular type of packaging as they didn’t, but merely because the other seller hadn’t taken adequate steps to distinguish their product appearance from that of the established
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brand. As a result of the Jif case three criterions were proposed to determine either the success or failure of a claim for passing off.
W hat
redress is available ?
The remedies for passing off are similar to those available for the infringement of other intellectual property rights. Injunctions will be available from the courts to prevent further action whether it was believed to be taking place or whether it actually has. Alternatively, the claimant may wish to lodge an inquiry to establish the loss of revenue from their brand to that of the copycat as well as a possible claim for damages and a request to see an account of the defendant’s profits. They may also be able to gain redress in the form of an order for the delivery up or destruction of the infringing goods which prevents the perpetrator from profiting further.
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features
Human Rights at Dale Farm By Steven Robinson In recent news, we have seen the recurring issue of Dale Farm. Dale Farm is part of an Irish Traveller site which currently houses over 1,000 people. It is the largest Irish Traveller site in the UK. The story of the settlement started in the 1970s when Basildon District Council gave planning permission to 40 families to take residence on the land. The entirety of Dale Farm, legal and unauthorised, now houses approximately 100 families. The disputed section is best described as a “former scrapyard on seven acres of greenbelt land” of which, Basildon council say: “The use of a small parcel of land in the north-east corner of Dale Farm as a scrap yard was established without planning permission in the early 1960’s.
For those unaware, within United Kingdom town planning, the “green belt” is a policy for controlling urban growth. The idea is for urbanisation to be resisted in a particular ring of countryside for the foreseeable future, which results in maintaining an area where agriculture, forestry and outdoor leisure can be expected to prevail around the outskirts of large urban areas. The fundamental aim of green belt policy is to prevent urban sprawl by keeping land permanently open, and consequently the most important attribute of
green belt is their openness. According to its previous owner, the site was originally concreted over by Basildon council, Basildon council deny this, although a contractor who worked for the previous owner said, “Basildon council regularly brought waste tarmac and rubble from road works and dumped it on Dale Farm for a period of 10 years until the 1990s.” Basildon council says “it served enforcement notices against the previous owner in 1992 and 1994 and council contractors did not put down any hard standing on the farm.” The Dale Farm case started back in the spring of 2009 after the completion of a fact-finding mission into forced eviction from the UN HABITAT Advisory Group. The case of the planned eviction of this Gypsy and Traveller community in Essex, United Kingdom, was planned by Basildon Borough Council (BBC). The traveller community bought the land in the green belt area and was not granted planning permission to stay. Enforcement notices were issued and the community could not overturn the judicial decision which authorised enforcement. Nationally the case is led by the Dale Farm Housing Association and internationally by the Centre on Housing Rights and Evictions. The aim is to stop the planned eviction and/or find an acceptable and adequate alternative for resettlement with full respect of the community’s human rights. At the time of writing, the Dale Farm team has carried out a
variety of activities to assist the solicitor of the case, Mr. Keith Lomax of Davies Gore Lomax Solicitors, and the community in their endeavours to halt the planned eviction. On the legal side, the team prepared and submitted petitions to Basildon Borough Council, the UK Information Commissioner Office, the Essex Police Authority, Council of Europe, UN Committee on the Elimination of Racial Discrimination and the UN Special Rapporteur on Adequate Housing. The case started to gain momentum on the 11th of March when a representative from the Council of Europe visited Dale Farm to get information on the eviction process directly from the community. The visit took place in the scope of a monitoring mission to the UK of the Advisory Committee on the implementation of the Framework Convention for the Protection of National Minorities. The team has produced an inventory of all material properties to serve as evidence in case the eviction results in the destruction of private property. The Clinic also assists the Dale Farm Housing Association with editing and designing the Dale Farm e-bulletin, which serves as a vehicle for circulating information on the planned eviction. The most recent court report at the time of writing was that on the 29th of September Mr Justice Ouseley confirmed that the travellers are breaking the law through continuing to live on the illegal site. The legal team on behalf of the Dale Farm residents argued that Basildon council was obliged to help them continue “the gypsy way of life”. Mr Justice Ouseley Continued on page 15
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law reports R
v
Smith (Appellant) [2011] UKSC 37
This appeal concerned the imposition of two types of indeterminate sentences of imprisonment where the first is a life sentence, under which a prisoner is entitled to be considered for parole once s/he has served a fixed term specified by the sentencing judge. The second is a sentence of imprisonment for public protection (IPP) which can be imposed by a judge on any defendant convicted of a serious offence pursuant to s225 Criminal Justice Act 2003 (as amended), where a judge is of the conviction that there exist a significant risk that the defendant will commit further offences that will cause serious harm to members of the public.
been previously paroled, he was re-arrested in 2008 on suspicion of having committed eight armed robberies between 2006 and 2007,all to which he pleaded guilty and got recalled to prison for breach of his licence conditions and also sentenced on IPP with a minimum term of six years to be served. He appealed against the imposition of IPP on grounds that it was unlawful and that the judge, should not have exercised his discretion under s.225 to impose the IPP sentence as it wouldn’t achieve any additional benefit. His appeals was dismissed unanimously by the Supreme Court, holding the imposition of the sentence of IPP was lawful and open to the sentencing judge in the exercise of his discretion.
The appellant was a serial offender with numerous convictions for robberies and related offences. Having
Home Office (Appellant) The Respondent, Mr Tariq, was employed as an immigration officer with the Home Office until 2006 when he was suspended and his security clearance withdrawn. The resulting appeal concerns the permissibility of a procedure in which a claimant in an employment tribunal proceeding may be excluded along with his representatives from certain aspects of the proceedings on grounds of national security. It raised the question whether such a procedure, known as a ‘closed
material procedure’, is compatible with European Union law and the European Convention on Human Rights [ECHR]. The apparent trigger to Mr Tariq’s circumstances was the involvement of his cousin and brother during investigations into a suspected terrorist plot on transatlantic flights, of which his cousin was finally convicted in 2008. He commenced proceedings in the Employment Tribunal claiming direct and indirect discrimination on grounds of race
Case-177/10: Francisco Javier Rosado Santana Publica de la Junta de Andalucía Is it permissible for a Member State (MS) to make the right to internal promotion in the civil service only available to career civil servants conditional upon candidates who have worked for certain periods as career civil servants while excluding all possibility of account being taken of periods of service completed as interim civil servants? This was the question put to the Court of Justice by the Juzgado de la contencioso- Administrativo no.12 de Sevilla (Court for Contentious Administrative Proccedings, No.12 Seville) when a regional administrative authority annulled the promotion of Mr Rosado Santana on the grounds that he did not have the requisite qualification or 10 years seniority as a career civil servant as mandated by a competition notice. He had neither requirement but was admitted to the
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v
Tariq (Respondent) [2011] UKSC 35
and religion. The Home Office as the appellants refuted the claims with reasons well substantiated, with special recourse to section 10(6) of the Employment Tribunals act 1996 and Rule 54(2) of Schedule 1 to the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2004. By a majority of 8-1, the Supreme Court allowed the appeal with Lord Kerr dissenting. It was in the opinion of the majority that there was no absolute requirement that a v
Consejeria
de
Justicia
y
claimant should be able to see the allegations against him in sufficient details to enable him have a fair trial, concluding that Article 6 ECHR was therefore not breached which was underpinned on a decision by the ECHR ruling that only where the liberty of a subject was involved would Article 6 require the provision of a gist as reckoned by the Court of Appeal, with such not being the issue in the present case.
Administracion
test and passed. He petitioned the relevant national court seeking to rely on the Framework Agreement on Fixed term work for which aim the Directive 1999/70 had sought to make illegal to treat fixed term workers less favourably than permanent workers unless different treatment was justified on objective grounds. The Court of Justice ruled that where a certain number of years’ service is required for the internal promotion of career civil servants, MS can be required to recognise periods worked as an interim civil servant and on the issue that Mr Santana’s application was time barred, it ruled that time for the purposes of the two-months time limit could not start to run until the date on which the decision annulling his promotion was notified.
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features however went on to tell the High Court: “It’s not always possible to get what they want; especially when what they most want is to go on committing a criminal offence.” The travellers of Dale Farm have launched three separate applica tions for judicial review on the grounds that an eviction now would breach their human rights because they have nowhere else to go. Marc Willers, representing Mary Sheridan, told the court that Basildon council had an obligation to provide caravan pitches if travellers turned down housing and he announced “One has to bear in mind positive obligation to facilitate the gypsy way of life.” However Mr Justice Ouseley said: “Whatever choice they make cannot be visited on an authority endeavouring to uphold the law.” He further told the court that: “The reality your clients are faced with is the issue of whether they go into housing or take risks on the roadside.” The travellers also argued in court that the council had failed in its duty to consider the affect of the evictions on the children of the site, to which Mr Willers told the court: “The failure to have regard to a mandatory statutory requirement makes the defendant’s decision wrong in law.” According to a YouGov poll, twothirds of the British public support the council’s attempt to clear 51 illegal plots which are home to about 400 travellers. The council has now been battling for a decade to remove the travellers and their children. Bailiffs were meant to begin clearing the six-acre site on September 19th. This is not the only recent issue
of forced eviction of gypsy travellers though, in fact the Hovefields site, located near Dale Farm, is another unauthorised development where some members of the extended families of those at Dale Farm reside. Two forced eviction operations were carried out by the bailiff company Constant and Co. (Bedford) Ltd. against 13 families, on 29 June and 7 September. Alternative accommodation was not offered to all persons forcibly evicted, and where it was offered, the tender of the Basildon Council was considered inadequate by the Travellers. The offers consisted of brick and mortar accommodation, usually in the form of unsuitable council apartments. Temporary accommodation was also not offered. As a result, four families were rendered homeless. They were forced to resort to trespassing on private and public land located in the surrounding area, from which they were systematically directed to leave by the police. Back on Monday the 14th of March local authority Basildon Borough Council (BBC) voted 28 to 10 to forcibly evict 86 families from Dale Farm. The 28-day eviction notices were subsequently served, and the eviction was due to take place from the 19th of October 2011 onwards. This was then delayed as BBC decided to withdraw from negotiations with interested parties and omitted to assist the community in identifying suitable alternative land, which it is required to do, as a number of international human rights bodies and mechanisms, such as the UN Committee on the Elimination of Racial Discrimination, the UN Special Rapporteur on Adequate Housing and an Advisory Committee of the Council of Europe, have emphasized to the UK govern-
ment on previous occasions. The Dale Farm Housing Association, with the support of the Gypsy Council, has applied for planning permission for the use of a nearby location by the name of Pound Lane site which is located close to the Dale Farm site in Basildon for accommodation. Most of the Dale Farm residents are vulnerable and poor and they may be unable to afford to meet the costs of identifying sites and applying for planning permission which can be very expensive.
The financial implications of the forced eviction operation, estimated at £18 million, will have a devastating effect on the provision of services to the whole population of Basildon. Most importantly, such costs do not include the provision of adequate alternative accommodation for the families affected by the eviction. As for the Council costs, the taxpayer is being asked to pay in order to deliberately make people homeless. As the primary authority in the UK responsible for tackling homelessness, Basildon Council is expected to comply with its duties to homeless residents as well as with other relevant obligations under national and international human rights law. As we can see from this, the case is split between two very clear points of law. On one side, The Town and Country Planning Act 1947 gave the rights of creating the Green Belt policy as it has clear economic benefits, stop-
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features ping over-development of towns and cities, as well as reducing the effects of pollution and keeping a place for local wildlife to survive. On the other hand, it is not unreasonable for travellers to want a home, and if Basildon Borough Council are refusing to aid in this, they are taking away fundamental human rights under the European Convention on Human Rights and subsequently the Human Rights Act 1998. This case will continue to be heard until the 4th of October 2011, and then will be likely to result in further appeals in the months to come. It is to be decided which rights are judged more important, those of the local Basildon area both environmentally and financially due to
the funding drains and higher tax needs from the community, or the counter side of the 51 unauthorised caravan plots wanting to stay at this site.
The most likely outcome from here is that they will be forcibly removed as we saw with the Hovefields case, however the local council will be forced to offer alternative residence to the
affected families, as it would be against Article 8 of the European Convention on Human Rights to evict the travellers onto the street, although if they continue to turn down the offers of fixed abodes rather than caravan plots, the results will remain unknown. Considering that this operation is estimated to cost £18 million already, I cannot imagine the court’s ruling to force the council to waste even more money on creating new caravan plots rather than offer reasonable homes and flats, that are available now, and for those who refuse to accept these living arrangements, they will probably be moved on rather than keep the case running through different courts.
My CSET adventure by Jade Fitzgerald First year student? Concerned about choosing a career path best suited to you? Look no further, this one’s for you guys! The memory of first year undergraduate study is still fresh in my mind. Yes it’s exciting embarking on the next stepping stone of the journey but there are always those worries of keeping up with seminars and coursework, doing well in exams. Not to mention those thoughts lurking in the back of your mind about acting on career plans, bulking up your CV and of course finding that ‘commercial awareness’ which is the phrase on the tip of the tongue of the majority if not all law firm graduate recruiters. It can be quite overwhelming with tutors placing large emphasis on the likes of pro bono work, work experience, vacation schemes and in-
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ternships. During the summer I did however find something that will ease these sorts of stresses and provide you with some practical information on what will best suit you. I first found out about the CSET summer school residential event when I subscribed to an email alert service with target events. I received an email encouraging first year law students to apply quickly as the deadline was fast approaching and immediately this stood out to me as events like these are far and few between for those starting out. I applied and after an online application, verbal reasoning test and telephone interview, I was pleasantly surprised that I had been accepted! And what a fantastic event it was! The school consisted of a four-day intensive course focusing on interview techniques,
how to increase employability and an overview of the range of careers available to potential recruits from both law and non-law backgrounds. Day one of the event consisted of icebreaking activities, a skills session with Chris Phillips the head of GTI media who compiles all the target graduate publications and most importantly a ‘commercial law in practice’ session which was the most valuable slot of the day. This involved a sort of speed dating exercise with five representatives from city law firms. We were allocated groups and then given 60 minutes (15 minutes with each rep) to ask as many questions as we could to gain first hand information about life at that particular firm which was an invaluable exercise. We were given the chance to find out inside information such
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features as their working culture, a typical day at the firm, roles and responsibilities, likes and dislikes about their job and the most interesting projects they have worked on to date. This provided some real food for thought about the kind of career to pursue and was stimulating. Day two was an extremely busy day with a full itinerary of activities. For the morning we had presentations given by representatives from in house legal departments and from a barrister. The afternoon consisted of preparation for the debating competition which included help from trainee solicitors who were to chair each debate. The evening then culminated with a session on commercial awareness - again as mentioned before, something that is extremely sought after by all undergraduates. This particular session addressed the importance of commercial awareness, how to acquire it, how much to acquire and how to use it successfully in interviews. We were also given a quiz during this time with some common phrases, people and places that make up a certain level of commercial awareness and it was quite remarkable to see just how little we knew about the business world and current affairs. This certainly set alarm bells ringing and helped us to know more about its importance and what we could do to increase our knowledge.
Day three was one of the most insightful and I must say exciting part of the trip. First we were allocated groups and throughout the day completed a competitive case study. This consisted of four differ-
ent legal scenarios where we had to structure a plan of how to act on behalf of a client in certain situations, the exercise concentrated on clarity of oral expression, smooth delivery of material to a board and how to compile a case with relevant and influential information. The scenarios covered four topics which consisted of company and commercial law, litigation, employment and intellectual property. In the afternoon there was a presentation from a Senior Advisor at Macfarlanes who was formerly a senior partner of the firm and again the tips he gave were incredible. The information came straight from the horse’s mouth so to speak as often final t r a i n i n g contract interviews are hosted by two partners. Finally, the last portion of the day consisted of us being split into groups and travelling to city law firms. I visited Norton Rose which is situated right on the Thames, adjacent to Tower Bridge and the view from the office was breath-taking! We toured the library, various offices, the lunch room and so on getting a feel for life at a city firm and were lucky enough to meet one of the graduate recruiters of the firm, gaining the inside scoop on what they were looking for in prospective recruits for training contracts and vacation schemes. To finish a fantastic day we were then escorted back down to the river to meet with the rest of the students for dinner on a Thames cruise with representatives from various firms to name a few, Allen & Overy, Slaughter & May, Clifford Chance & Macfarlanes. It was a relaxed informal setting in which we could socialise with trainees and really dig deep into what life
at big law firms is like. It was also a fantastic opportunity to network, get noticed and collect a few business cards to utilise at a later date! The final day of the trip offered a wealth of information and again filled with several activities with reps from the Government Legal service and the Financial Services Authority. As well as
a presentation from Paul Jenkins QC - Treasury Solicitor and the Head of the Government Legal Service. This was an extraordinary session as we gained an insight into a range of alternative careers in the legal sector and top tips on how to impress at interviews for the GLS as well as the work that is done in these organisations. Following this was a drinks reception where we was issued our completion certificates and were free to go! The event was extremely beneficial and due to its previous success, has run every year for the past four years. As you could probably gather from the description given, all the activities, sessions and presentations are carefully crafted to provide attendants with the most useful, transferable and relevant information. Just to be able to communicate with those who have been there and have experienced the lows and highs provides the best preparation for students starting on their journey. You can find out more at cset.org.uk.
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features
Wish upon a StAR! by Soni Marti Singh
U niversity
can be a daunting place when you have unresolved issues, so do not stress yourself out. Each year group has a Student Academic Representative, otherwise known as a StAR. We are elected by our course peers, meaning you, so for each year group and course there will be either one or two of us. If you’re wondering what we do it may shock you to know that we are there to voice your views and to resolve issues related to your studying. StARs duties include attending meetings with the heads of departments, the head of faculty and module leaders to discuss any issues you may bring to our attention. At these meetings we endeavour to ensure that something is achieved about
Writing Competition
the issues raised. This being said, although we argue all the important issues that are felt by the majority of students, such as library opening times, we cannot raise every personal issue.
“will be treated with complete impartiality and confidentiality” Through my experience as a StAR I have often dealt with students who have come to me with personal issues, in such an instance a StAR will listen and offer support and where possible help guide you to a person or service more suitable to your requirements. If there are problems involving a specific module,
then the module leader is often directly informed of your views so that the problem can be resolved as quickly as possible. Any expression or point of view that you discuss with your StAR will be treated with complete impartiality and confidentiality unless you give us permission to disclose otherwise, so there is nothing to worry about. Don’t forget that StARs can be found in every year group so try to get to know us, if you don’t already. We are here to listen and help with the many academic problems you may face so don’t feel like you have no one to turn to. Always remember that we are completely confidential so you can remain totally anonymous!
Want to WIN a Comedy night pass for eight? Then all you need do is send a 400 word essay on your views on the legal aid cuts along with your name and student ID number along to editor.dictum@gmail.com for a chance to WIN this fantastic prize. The best essay will be chosen by an independent panel and awarded the prize along with the essay being placed in the January Issue of Dictum. Best of Luck.
The PRIZE: If a fun night out is just what you need, treat yourself and seven of your friends to see some of the nation’s funniest comics strut their stuff with the Ministry of Comedy. There are over 25 venues nationwide to choose from, all of which allow you to enjoy the comedy in a chic and relaxing environment! A new site www.wish.co.uk has now launched in the UK and has a fantastic variety of experience days. With everything from exciting driving and flying experiences to afternoon teas and pampering spa treatments, there is something for everyone. Head over to Wish to learn more!
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features
Start of a new tradition at London Met? by Reshika Mendis Co-Secretary General METiMUN
METiMUN (Metropolitan International Model United Nations) 2011 is the latest addition to a series of upcoming annual conferences that is going to be held at London Met starting this November. Organised by London Met’s very own Model United Nations Society the conference aims to attract the maximum number of students both nationally and internationally.
successful Human Trafficking workshop for all students. We even had the UK’s UN Association Peace & Security Coordinator, James Kearney, give a talk on the topic of ‘Nuclear Non-Proliferation’. The MUN Society aims to continue its success this new academic year by hosting the first Metropolitan International Model United Nations Conference at North Cam-
a single Member State of the United Nations researching that country’s policy and advocating these views to other delegates representing other countries. The debate is controlled using conventions and rules based on those used at genuine international summits. The objective is to reach consensus and pass a statement of the international community’s response to a particular area of concern. These formal statements called resolutions - contain collective action that will be taken to address the issue.
UK, British Red Cross, and Woman’s International League for Peace and Freedom. The conference will not only be about international relations and medical talks but of also showing off your social and dance skills during the social night organised for the delegates at the Rocket Complex.
It has been an enormous pleasure for METiMUN’s Secretariat to see the large volume of students interested in the upcoming conference on the 18th and 19th of November and we would like to inAmongst the committees vite all interested London for METiMUN 2011 will be Met students to apply for the Human Rights Council delegate positions, regardand the World Health Or- less of any experience you ganization which will explore may have. For more details issues in the field of current about the conference and and international affairs. The for application forms please debated topics will be focus- check our website: www. UNAMET Team with Bulgarian Ambassador ing on international poverty, metimun2011.weebly.com. The Model United Nations pus. UNAMET hopes that disease, immigration and in(MUN) Society at London this conference will be the tegration, sexual violence The Secretariat is lookMet (UNAMET) had a mag- start of a new tradition at and more. It is METiMUN’s ing forward to welcoming nificent academic year in London Met getting togeth- Secretariat’s honour to con- you to METiMUN 2011! 2010/2011. This included er, over 2 days in November, firm the presence of some winning the society of the future leaders and thinkers outstanding guest speakers year award at the student from various fields of study including speakers from the achievement awards and from universities worldwide. World Health Organization, organising some very sucUnited Nations Association cessful events. One of these At a Model United Nations events included having the Conference young students Bulgarian ambassador to the take on the role of world UK honour us with his pres- leaders by the simulation of ence as we held a lively de- a professional UN Conferbate on the different issues ence. The conference aims surrounding the current role to build strong international of United Nations (UN) in relationships and a better international affairs. The last understanding of global chalacademic year saw the MUN lenges that the UN faces Society host a speaker from every day. Each participant the British Red Cross who takes on the role of an aminformed us of the dangers bassador to the UN and of HIV whilst holding a very represents the viewpoint of UNAMET hosting James Kearney from UNA UK
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guest
Writer Tim Kevan tells us about
his second BabyBarista novel
‘Law and Peace’
Having written my first BabyBa-
The book follows BabyBarista’s second year in chambers in which as the newest tenant, he must face down old enemies, try to win compensation for a group of ASBO-attracting pensioners and unravel the complicated knots of his love life not to mention his mother's finances. Under the wise and watchful eye of OldRuin, he tries to keep his nose (and his wig) clean, but when SlipperySlope, an unscrupulous solicitor offers him a quick way out of his financial difficulties he soon becomes embroiled in blackmail, dodgy share-dealing and the dark arts of litigation. With his old adversary TopFirst out for revenge Tim Kevan is the author of ‘Law and Peace’ and ‘Law and Disorder’ which are both published by Bloomsbury and available at www.amazon.co.uk. For more information visit www.timkevan.com and http:// timkevan.blogspot.com.
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and the chance to be awarded a coveted ‘red bag’ at stake, BabyB has to use all the tricks of his trade to extricate himself from his legal quagmire, win the case for his mad old clients, and somehow convince his best friend to fall in love with him.
One of the themes which comes out of the book is BabyBarista’s preoccupation with work and his failing to give enough time to his friends, family and other things which make him happy. In the end, it’s the example of others who show him the way with the old people taking him skateboarding and a friend of theirs introducing him to surfing as well as OldRuin, Claire and his mother emphasising the importance of love and friendship. It’s something which I’ve had time to reflect on myself having spent ten years at the Bar in London before taking what has become a prolonged break to move down to the sea in North Devon. This has allowed me to return to the much simpler country way of life that I had known as
a child with time to get out into the surf and the countryside as well as to settle into the local community. I guess the thing about legal life (or indeed studying law) is that it doesn’t necessarily need to end up being over-worked and stressful. But in a profession that bills itself out by the hour, there’s an inherent risk of it producing a tendency to commoditise what might be our most precious possession, that of time itself. But as BabyBarista discovers, it certainly doesn’t have to be like that and during the course of the book he slowly starts to return to the things that really matter.
Copyright ©Sally Evans
rista novel Law and Disorder a little while back, last year I was faced with the task of writing book two. This came as more of a challenge than the first given that I couldn’t simply use the stresses and strains of pupillage to drive the plot along and instead had to look to other themes and stories. In the end, I did just what I’d done in book one and let the characters loose to tell their own stories. What eventually came out was Law and Peace which was published by Bloomsbury this May and which thankfully has garnered some decent reviews with The Daily Mail describing it as “highly recommended” and a “funny, sharp account of backstabbing Bar life” and broadcaster Jeremy Vine calling it “a novel bursting with invention”.
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Wannabe solicitors get a head by P a t r i c i a M c H a le
The Legal Practice Course team
at London Met hosted a Head Start day on 1 June 2011. The day was designed to give students about to start the LPC a taste of what it is like to train as a solicitor. It was led by Pat McHale, Senior Lecturer in property law and practice and attracted 65 delegates from many universities including London South Bank University, UEL [University of East London] University of Essex, and Brunel. All of the lecturers teaching on the course at London Met are qualified solicitors. They gave students a taste of the various areas of legal practice that they will study on course. Mark Blakeley demystified some of the areas of tax law that students are likely to encounter in practice. Caroline Watson introduced students to the sort of professional conduct dilemmas that solicitors’ face in their working lives. Delegates attended three breakout sessions. Civil litigators Sarah Campling and David Hill gave a taste of the research skills needed by solicitors to advise a client who is injured at work and wants to claim compensation. Family lawyers John Jupp and Pat McHale explained the skills needed to advise a client who is in dispute over their children. Business lawyers Stuart Peck and Bill McKay led a session designed to look at tax considerations for a client who wants to set up a business and is not sure which form to establish. During the conference lunch, delegates networked with solicitors, tutors and each other. After
lunch Maggie Hammond dealt with the questions that students were afraid to ask about qualifying as a solicitor. The highlight of the day was the return of some former London Met LPC students who are now practising the skills that they have learnt in the classroom in courts and law firms. Varinder Haye came directly from the Magistrate’s Court where she had been prosecuting cases that day on behalf of the CPS. She praised the LPC team who had taught her on the part-time evening course.
Tim Hayes is currently employed as a trainee solicitor with Bircham Dyson and Bell, solicitors in St James Park, who gave students the benefit of his experiences in applying for training contracts. Claire Manning is now a partner leading a team of property lawyers and a large regional firm. She had qualified after taking her LPC as a Fellow of the Institute of Legal Executives.
Start! Three current students were also included on the student panel, Frank Namah, Agnieszka Arcimowicz, and Piotr Sieradzki gave tips on the best approach to the course. The day was a great success. Delegates made the following comments: “It was a road map for success on the LPC.” Highly informative and engaging break out sessions”. “The most positive aspects were the comments from the student panel and the friendly and approachable tutors”.
Pat McHale, organiser, said, “The LPC team at London Met are extremely proud of the course and wanted to show potential students how good it was by giving them the opportunity to try some of the solicitors’ skills that are taught. We wanted to give students who attended the opportunity to get a head start on the LPC so that they felt confidence to tackle this challenging course from day one.”
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From the chalk face Maggie Hammond, Senior Lecturer (PT) About the author:
Maggie works part time for London Met and has her own business (Hammond Stones Associates) as an in house lawyer for small to medium sized businesses). She has taught post grad law since 2002 and qualified as a solicitor in 1998. She recently gained her LLM (Legal Practice) at London Met (with distinction).
The beginning of the LPC We are getting ready for the start of the LPC, somewhat earlier than the LLB and the associated surge of adrenalin as we face a new bunch of polished new graduates for what we call ‘foundation’. I did the LPC (the Legal Practice Course) at South Bank University and North London University many years ago and remember the work we were expected to have undertaken before the course as well as the prep for ‘foundation’. LPC students must hit the ground jogging. Foundation on the LPC involves getting LPC students to start to think and act like lawyers – to problem solve, to apply the law to the facts and most importantly to give an opinion – to advise. Our students know that we must never duck that fundamental part of our role as professional advisors – we must advise. That is the ‘gulp moment’ in class when the student must say ‘what I think the client should do is …’
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Students also cover basic skills on ‘foundation’ which we expect students to have mastered by the end of the course – drafting, advocacy, legal writing, interviewing and legal research. The most popular part of ‘foundation’ is of course tax, which for most students is the first time they will have looked at the 5 taxation systems we cover – income / corporation tax, VAT, inheritance tax, capital gains tax and stamp duty. This is the time when students remind themselves why they didn’t train to become accountants and learn how not to panic even when faced with unfamiliar and scary material.
and support we give our students, as we help them decide where to go next and how to get there.
Each student is allocated a professional mentor during ‘foundation’, who will work with each student during the course to help them plan the next stage of their career. Many of our students stay in touch long after they have gained the LPC. This is because of the individual care
So, if you fall over a sweaty looking, suit wearing student struggling with a large suitcase it is not a homeless person who has taken a wrong turn, it will be one of our new LPC students transporting their extensive LPC materials while managing the physical and intellectual demands of the LPC. Next year, it could be you!
This year, given the number of trainee solicitor roles has continued to decline, we have introduced more formal opportunities for our students to gain work experience, connections and contacts with young professionals in the profession. We call this ‘practice related activities’ and we will expect our students to get involved in activities which we believe will help them get into work in the law. There will be no escape from those professional mentors for our LPC students.
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Energy Law
What’s it All About? By Ricky O’Brien
I ndeed what is it all about; the en-
ergy law sector is one of the most dynamic and important areas of law in our now globalised world. It is a hard sector to grasp as it overlaps into many other disciplines so the ever helpful team at dictum have decided to summarise the field in one easy to read article, no need for thanks. The reason for its importance is two fold, there are major concerns at every level; domestically, regionally and globally, about energy security. Will our energy reliant lifestyles find the nonrenewable fuel it depends on? The IEA (International Energy Agency) predict that the demand for energy will rise by 49% by 2035 only adding to the strain. Also national, regional and supranational bodies are attempting to implement legislation to encourage a move away from this dependency in response to climate change. These two factors have made for some interesting developments over the last decade
or so and promise to continue to do so. But before we dive into the fun we need to find out what energy law actually covers. Eversheds, who it is assumed needs no introduction, has a great collection of web pages that divide the sector in 5 sub-sectors; ‘Mining and Natural Resources’, ‘Oil, Gas, LNG’, ‘Nuclear’, ‘Clean
Energy and Sustainability’ and ‘Water’. Mining and Natural Resources, as with the other sub sectors, require lawyers to offer due diligence; investigating any potential takeover and mergers, draw up contracts; manage disputes and all the other matters that are involved when operating such large operations. Companies will often want to exploit foreign sources and require advice on how to access these markets. Oil, Gas and LNG (liquefied natural gas) are those demonised non-renewables that are so coveted, lawyers practicing in this area can potentially be involved in almost every aspect, from upstream; or the search and extraction, downstream; the refinement, selling and distribution, financing, shipping, emissions trading, and many others. Nuclear; highly contentious but unlikely to go away, the IEA predicts a rise from 6% share of the total world energy produced to at least 8% by 2035. The IAEA (International Atomic Energy Agency) post the Fukushima accident has been called to take a more practical and effective role which will add more international legislation to the extensive national regulations. Clean Energy and Sustainability, investment is encouraged and environmental accountability is beginning to be enforced. In June 2009 binding legislation from the EU came into force; it demands that collectively the share of energy from renewable sources should be 20% of its total by 2020. Water issues vary from supply contracts and pricing to sewerage services and trade effluent (any non-domestic or industrial liquid waste) agreements. Bizarrely there was even a recent sale of a tidal river which required advice.
As already alluded to there is a complex matrix of national and international law to negotiate with most energy work, it would be useful therefore to have a close look at relevant countries energy policies and laws. Starting at home our recent governments have spent a great deal of time tweaking and refining energy policy, the current stance revolves around several pieces of legislation. The Climate Change Act 2008; sought to ‘create a new approach to managing and responding to climate change in the UK’ (www.decc.gov.uk) by setting and facilitating the meeting of ‘ambitious’ targets, developing institutional framework and capacity to adapt whilst also establishing accountability. This accountability would be monitored by the newly formed Committee on Climate Change (CCC) and a government report is now produced every 5 years stating how the UK was being affected. The government was also required to produce reports on how companies should report their emissions and make it mandatory to do so, along with reporting how sustainable and efficient the government estate is; the first being ‘The State of the Estate 2008’ released in June 2009. The Act also contained in Part 1 legally binding targets to reduce emissions by 34% by 2020, various carbon budgeting systems and the inclusion or explanation to parliament of international aviation and shipping emissions. Controversy inevitably followed its enactment; Part 1 has been earmarked for future litigation because of its inflexibility in respect to the economy and the duties imposed on the Secretary of State. There has also been major concerns from long haul destinations that the inclusion of aviation emissions will result in disincentives these could include penalties for under full flights and the promotion of
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short haul destinations. This has raised concern as to the effect that economies relying on tourism will face, certainly a matter for further discussion. The Energy Act 2008; ‘updated the UK’s energy legislation to, reflect the availability of new technologies... correspond with the UK’s changing requirements for secure energy supply... protect our environment and the tax payer as our energy market changes’. Feed-in tariffs; to subsidise small electrical generation, smart metering; real time information on energy consumption and investment in carbon capture systems (CCS) were all highly praised and have thus far been followed by the current government. However a key part of this act was to ensure that nuclear power companies met the bill for decommissioning the reactors. The latest bill currently going through the houses; The Energy Bill 2010-11, has created a loophole that with its loose wording could see the taxpayer now picking up some costs. It requires all agreements to be made public and binding, this may initially seem fine but what if the situation was to arise where a new safety feature is developed it would mean the taxpayer would have to pay for this as it was not in the original agreement. New features are very likely and this therefore means the government can offer future subsidies, a very crafty addition. The Energy
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Bill 2010-11; has came under much fire for other reasons too. The Stop Climate Chaos Coalition has stated that the widely touted ‘Green Deal’ has not been sufficiently clarified and will lead investors without a clear idea of how much is needed to be invested. The ‘Green Deal’ aims to spread the cost of energy efficient solutions to consumers over several months as part of their energy bill. As ever where sustainability is tackled so to is security; the Bill discusses gas, electricity, third party access to upstream oil and gas infrastructure.
creating partnerships with non-European countries using a ‘united, consistent European voice’. Again security is always paired with sustainability. The CO2 emission trading scheme, piloted by the UK until its mandatory introduction by the EU in 2005, allocates large emitters of CO2 an amount of emissions which during the trading period it falls under, can sell to its less effective traders to balance their excesses.
Other relevant legislation includes The Energy Act 2010; which includes provisions to further encourage CCS, social support for vulnerable members of the UK to help pay for fuel and strengthens fairness of energy markets.
Nuclear power produces 15% of the energy consumed in Europe which recognises its tempting benefits; low carbon levels and stable costs, and tasks Euratom with the job of ensuring safety standards, protect the health of the public and the employee’s of the sector along with the environment from the waste produced.
Fair energy markets are high on Europe’s agenda too, which seeks to create a strong and reliable internal energy market. The Lisbon Treaty (TFEU), highlights this by using market based tools such as taxes and subsidies with the grand aim to ‘create a new industrial revolution’. Renewable supplies are obviously encouraged with particular attention being paid to electricity, heating and cooling sectors and biofuels; biofuels are hoped to account for 10% of transport fuel by 2020. Security of energy is also tackled by the hope of
Shale gas and its waste is currently dividing the ‘united voice’. By fracturing shale found deep underground a gas can be extracted and used as fuel, whilst it has been mined for over 100 years particularly in the USA modern advances that can artificially fracture it (called fracking), which has made it a lot more viable. Both France and Germany have banned the process in their countries however Poland, who stand to become an energy super power because of the 1.4+ trillion tonnes it has, and Britain have been actively encouraging it. The
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special focus process is alleged to have less damaging emissions than other non-renewables but this statement has been hotly contended and it is thought to release methane into groundwater. The fledgling mines are unlikely to produce any results for another decade and therefore green groups have argued that the money should be invested in development of renewable supplies. The ground is set for more fierce debate, watch this space.
Developing the matrix takes us to the International bodies; of which there are plenty. UN-Energy created in 2002, sought to bring together the many agencies (including the International Atomic Energy Agency and the World Meteorological Agency) and various stakeholders to focus and promote coherence in energy policy. As has been discovered, energy policy, whilst being one of the most important issue’s our world faces, has been diluted because of the many claims on its parts. Legislation can be found in international environmental law, human right law, but (possibly) the most specific would be the Energy Charter Treaties. The Energy Charter Treaty and the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects were signed in December 1994 and entered into legal force in April 1998. It established an Energy Charter Conference meets on a regular basis to review the charter and energy issues in relation to energy its members are facing. The treaty sought to remove the need for bilateral agreements building as stated on their website ‘a legal foundation for energy security, based on the principles of open, competitive markets and sustainable development ‘. Article 19 discusses environmental impact
of the energy trade however a further more specific treaty was also opened; Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects (PEEREA), to deal with this. Both have 51 countries signatures and have been ratified by 46. The Energy Charter Transit Protocol was first negotiated in 1999 because ‘energy transit issues could be amplified and strengthened in order to mitigate some specific operational risks that continued to affect energy transit flows’ it still remains unsigned due in part to EU-Russian disagreements concerning third party access to pipelines and transit fee’s. Continental unions and other bodies like OPEC (Organisation of Petroleum Producing Countries) regularly release policy that affect the energy industry of their member. Other noteworthy abbreviations that affect policy include IREA (International Renewable Energy Association), GEF (Global Environment Facility) and UNEP (United Nations Environment Program). The OECD Organisation for Economic CoOperation and Development) has the IEA (International Energy Agency), advising its member states and others, including Russia, India and China on energy policy but was criticised in 2009 for pandering to the USA by overplaying global oil reserves after an independent study from Sweden contradicted their ‘World Energy Outlook’ report. Turning to the United States of America’s energy policy whilst attempting to avoid the oil greedy neo-colonialist accusations, President Obama states ‘As we recover from this recession, the transition to clean energy has the potential to grow our economy and create millions of jobs - but only if we accelerate that transition. Only if we seize the moment.’ Inspirational? Policy focuses, surprisingly, on security and sustainability; continued increase in oil and natural gas (including the aforementioned shale gas) extraction on home soil and the investment and encouragement of clean green solutions. The current administration has led a campaign to reduce mercury emissions globally and whilst this is no bad thing; mercury once in the air can enter the food chain and cause se-
rious defects in developing babies, is tainted somewhat by their continued avoidance of international CO2 treaties. This avoidance has often been blamed on China’s behaviour and reluctance to agree upon any binding targets. Which whilst being the largest producer of CO2 emissions has a far lower emissions per capita and also leads the world’s renewable energy production. From the economic superpowers to the energy superpowers. Russia which is rich in coal, oil and gas has not invested greatly in renewable energy and refused to ratify the Energy Charter Treaties thus making it to some degree rather outside international law. Saudi Arabia the other energy superpower; having the world’s largest known oil reserves, continues to invest in traditional fuels however there has been a recent shift. Renewable targets have been announced, even the cynical view that this is an economic decision; by fuelling the nation by alternative means more oil will be free to export to the rapidly developing nations like India and China, it cannot be a bad thing. Energy law as encompassing as it is has many local idiosyncrasies that need to be known and played to for any successful venture or law practitioner. These idiosyncrasies are compounded by the challenge to find sources of energy that produce less carbon emissions but do not cause other nuisances, probably most extremely exemplified by the nuclear question. Even a seemingly innocent alternative like wind power has created much opposition. The enduring problem with one of the least polluting forms of energy production is an aesthetic one.
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special focus Donald Trump has objected to Vattenfall and Technip’s joint venture to build 11 turbines 1.2 miles off the coast from the billionaires nearly completed £750m Aberdeen golf resort. Citing USA examples and attempting to stroke Scotland’s national pride by stating that every project similarly proposed in his home country off of ‘magnificent coastline - nothing compared to Scotland’ has been denied. He further stroked by saying that he was protecting the country and feels his mother Mary McLeod, from Stornoway, would be proud. His rivals are those which believe there would be great economic benefit; new jobs and an influx of scientists, researchers, engineers, offshore wind supply chain companies. The Scottish government has declared that the planning permission for the golf course was determined properly and so will the wind farms. The farms are not just under attack for their aesthetics but also for their noise. In a string of cases noise from wind turbines have been debated, concluded and appealed, due to the lack of clear legislation. ETSU-R-97 ‘The Assessment & Rating of Noise from Wind Farms’ the 1996 paper of the Noise
Working Group of the Energy and Technology Support Unit for the DTI and the endorsement by Planning Policy 22 which endorses the guidelines has now become the framework to be followed despite stating on its preface that it is a subjective opinion of those that conducted the research. In Barnes v Secretary of State for Communities and Local Government [2010] EWHC 1742 (Admin), the Barnes’ were unsuccessful in their challenge that noise had not been properly considered in the application to build six turbines being built 100m from their homes however in Joseph Lee v Secretary for Communities and Local Government, Maldon District Council and npower Renewables [2011] EWHC 807 (Admin) it was deemed that noise was correctly considered in the application for 10 turbines near residential properties. The lack of clarity has produced uncertainty leading to litigation at cost to all involved. As with many aspects of this area the government needs to be able to provide framework to meet the targets as quickly as it is setting the targets.
major US parties have petitioned the President to extend the Production Tax Credit (PTC) and Investment Tax Credit (ITC) for an additional seven years to ensure the continued growth in the sector. Europe too, with Ireland, Denmark and Portugal who aim for wind energy to make up 52, 38 and 28 percent, respectively, of their energy production by 2020. Overall Europe hopes to see electricity produced by wind to rise from 5.5 to 15 percent by 2020.
Wind farms are very much on the agenda so resistance may in the end be futile. A coalition of 24 governors from the
For further reading suggested by the author please visit dictumlawmagazine.com
Energy Law, that is what it is about; an evolving, complex, international area that affects global policy and what you see and hear at home. With a growing focus being placed on it, it looks to produce many more bitterly fought cases and disputed legislation in the future.
Coffee and Cocaine
By Ricky O’Brien
Many
have preconceptions of Colombia; some well founded others not so. It is a nation that exists in constant contradiction and juxtaposition to itself. It has snow capped peaks, dense Amazonian rainforest and idyllic Caribbean beaches. It has a history of violence from drug cartels, terrorists and paramilitaries, yet the population is often referred to as one of the most hospitable in South America. In comparison to its Eastern neighbour, Venezuela, its relations with the USA are that of best friends, yet this relationship has been criticised for causing problems as much as it has helped solve them. How does the legal system, fit in to this tapes-
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try and what affects has it had on this intriguing nation? The origins and structure of law will be examined before cases of drugs and violence are explained to try to uncover what is really happening in the land of coffee and cocaine. Colombia became the nation it is today in 1830 after ‘El Libertador’; Simón Bolívar’s, grand vision of a mega state, the union of Venezuela, Ecuador, Peru and Bolivia failed. His long crusade for freedom from the Spanish empire and the warring factions he needed to unite to accomplish it led him to believe that the region would only ever be successfully governed by a strong
centralist government which required a life time president, permitted to select his successor. A dictator in all but name? Rival politicians disliked this and he eventually died whilst fleeing into exile. Following this the United States constitution was decided to be a model that should be followed with its checks and balances to ensure Colombia would never be ruled by a dictator. The government takes the familiar form of a three branch separation of powers, Montesquieu strikes again, an executive comprising of the President who can only be re-elected once, the vice-president and ministers. The Leg-
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special focus islature comprises of the Senado (Senate) and the Camara de Representantes (House of Representatives). The House has 166 members elected from districts with consideration to population and special allowances for ethnic groups, political minorities and Colombians abroad, as of 2010. Each Senator, originally totalling 100, represents the entire country however admirably two more have been added to represent the indigenous population. The Judiciary is headed by four approximately equal supreme organs. Corte Suprema de Justicia (The Supreme Court of Justice) 23 judges who hear appeals on errors of law in much the same way as the UK’s does. Its three chambers specialise in civil, criminal and labour yet it also has power over certain proceedings over high functionaries; admiralty matters and controversy between government departments in relation to contracts. Consejo de Estado (The Council of the State) is the highest court of administrative law and is formed of 27 judges. The judges here will be selected for eight year terms by the peers from nominees of the Superior Judicial Council. Corte Constitutional (The Constitutional Court) is the defender of the Constitution, reviewing any laws passed to ensure it is valid, will enforce international treaties, even defend the rights of accused criminals and protect public officials. Its 9 judges
are selected by the Senate from nominees of the President, the Supreme Court, and the Council of State for eight-year terms. Consejo Superior de la Judicatura (The Superior Judicial Council) polices the judiciary, resolving disputes between courts jurisdiction and also administering the civilian judiciary. Its 13 members are selected by the three aforementioned courts and congress from nominees of the executive. The dissipation of judicial power between 72 judges with strict term limits exemplifies Colombia’s resistance to supreme power and a resistance to dictatorship which it has been relatively successful in achieving since independence, with one arguable period of exception. Gustavo Rojas Pinilla who managed to seize power by ousting the authoritarian yet, democratically elected tyrant; President Laureano Gómez, proceeded to embezzle money and empower a secret police. United liberals and conservatives put an end to these years and sent him into exile. In comparison to other states in the region this is a relative minor blip especially when the likes of Chile’s Pinochet and Argentina’s Peron are considered. That does not mean there has not been corruption but what government is free from that? There are four other noteworthy institutions. Fiscalia General de la Nacion (Office of the Prosecu-
tor General) who will prosecute crimes in which there is no requirement for a party to start them, always representing the citizen’s interests. Procuraduria General de la Nacion (Office of the Attorney General) is the personification of the defence of the constitution and its principles; rule of law, democratic principles and citizens rights, they will also bring action against public officials. Defensoria del Pueblo (Office of the Defender of the People) is tasked with specifically protecting human rights from the administration’s act or omissions. Contraloria General de la Republica (Office of the Comptroller General) audits the government’s expenditures and approves investment with the power to request the Prosecutor General to bring action in the face of irregularities. Laws are required to pass through seven stages; initiative, debate (by each chamber of Congress), voting, passing, sanction, enactment, and publication. Debate is enacted when the executive via the ministers, congress, the Supreme Court, the Council of State, the Superior Judicial Council, the National Electoral Council, the Attorney General, the Comptroller General, the Prosecutor General, the Defender of the People, 15% of councillors or 5% of the voting public request it. In the UK we have the opportunity to petition or lobby our MP’s to discuss matters in the House of Commons and the e-petition system; if one receives a 100,000 signatures it ‘could be’ debated, therefore the Colombian constitutional obligation is a lot more definite. Bills are then submitted to a chamber of Congress where specialists will debate and produce reports on them and then pass to the other chamber. The president can then review and request changes to it however if by vote the President’s objections are not accepted the bill will become law. The only way this would not happen is if the president claims it is a matter of
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special focus unconstitutionality here the Constitutional Court will have to make the final decision. Laws are enacted when they are published in Diario Oficial, the national executive will also make an enforcement order. Constitutional reforms are more difficult to pass as the constitution is somewhat entrenched after various rounds of debate lasting at least two consecutive terms it will be put to a public vote requiring at least 25% of registered voters to affirm it.
Colombia whilst closely following the USA in its constitutional make up follows a more Romanic system of legislation, similar to that found in France, a civil as opposed to common law system. Hence the law is codified and defined by those codes, precedent not playing great importance. With justification lower courts can ignore previous decisions from higher courts and precedent will only be referred to in those instances where legislation cannot be found. Much of Colombia’s legal tumult has come from the internal wars that have plagued it not from its constitution or systems of law. The inescapable shadow of Pablo Emilio Escobar Gaviria has tainted Colombia and he is still unfortunately one of the most notorious Colombian’s, bar Shakira maybe. His decade long and powerful drug empire catapulted him to be listed as the seventh richest person by Forbes magazine in 1987, the second richest drug kingpin ever. With this wealth and power came attention and reaction. The USA who was the main consumer of Escobar’s illicit substance began heavily funding the govern-
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ment to tackle the problem and signed an extradition treaty allowing those involved to be tried on American soil. This was unacceptable for Escobar and his Medellín Cartel who declared ‘total and absolute war’ against the government, its first act was the murder of Luis Carlos Galán Sarmiento with a car bomb. Galán’s murder sparked a number of like bombs intended to cause fear and chaos including a passenger jet over Bogotá and in shopping malls on Mother’s 1990, direct assignations were successful against the many judicial figures obliged to wage this war including the Minister of Justice, the Supreme Court Justice and the Attorney General. It is estimated 3,500 died within this period, Escobar stating those that stood against him would die with their families. In 1991 a newly approved Constitution rejected the extradition treaty making it illegal for Colombians to be extradited and soon after Escobar agreed to a reduced sentence for his surrender and incarceration in a prison of his own construction. These events have been criticised but it should not be forgot the contemporary events that led to them. With his ‘incarceration’ the violence decreased however Escobar’s enterprises did not and on the discovery of his nefarious dealings the government planned to move him to another prison naturally Escobar was well aware of this and made a casual escape. He would be on the run for 17 months until US and Colombian secret services allegedly colluded with Escobar’s enemies to kill him in December 1993. US involvement has never ceased in Colombia, after Escobar the war was focussed on the leftwing rebel groups, who were accused of involvement in the drug trade, post 9/11 this ‘War on Drugs’ was reclassified as a ‘War on Terror’ and still rages today. The FARC and their insurgency; the longest in the world, are the
most prominent of the groups in operation. The Revolutionary Armed Forces of Colombia – People’s Army (FARC-EP) were formed to resist the entrenched capitalism and bring about a socialist revolution, following the agrarian reform initiated in the 1960s to encourage large scale industrial farming, thus pushing out the small farmers after ‘La Violencia’ the decade long period of violence that lasted until 1958 when the political elite signed a pact guaranteeing them power until 1974 on a shared basis. The USA, no friend of the FARC ideology, have attempted to defeat them ever since. The FARC have been responsible for several atrocities and are ruthless in war; willing to indoctrinate child soldiers however it has also been claimed that they have used taxation of drug production from the areas they control for local building projects to assist the noncombative community. Regardless of the truth they have featured just as heavily as Escobar in Colombian law but for over 50 years. With extradition now again permitted, one of the most recent has been that of several FARC members to the US including Ignacio Leal Garcia accused of masterminding cocaine production in the area near the border with Venezuela. The US has alleged that the FARC produce half of the worlds and two thirds of its supply of cocaine. He is due to be sentenced on 17th November 2011 after being convicted of conspiracy to import thousands of kilograms of cocaine into the US. He faces 10 years to life and no doubt the repeated kidnap of US citizens by the group will play a part in the decision. In contrast has Gerardo Aguilar Ramirez or ‘Ceasar’, a leading FARC commander, managed to negotiate a pardon? He was sentenced to 27 years after his extradition but according to Wikileaks no longer exists on any Colombian or US court or penal
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special focus records. It has been suggested that whilst embroiled in the war he struck a deal for his and his family’s freedom in France for the release of Ingrid Betancourt. The FARC is a dirty word in polite Colombian society even if the government maybe willing to deal with them behind closed doors.
To be associated with them brings arrest and trial, there have been several high profile cases against public faces recently. Angelica Ramirez, a famous TV presenter, was arrested in November last year and will soon face trial for extortion, terrorism and transportation of illegal arms in connection with the FARC. She claims that she has been set up by her ex-husband who psychologically and physically abused her however the police maintain that she was under surveillance for six months and the case will be based on those findings. Piedad Esneda Córdoba Ruiz has also undergone accusations of ties to the group first in 2008 when she was supposed to be one of the members of government who would control the nation if the FARC were to take power and recorded as such on a Secretariat member of the FARC, Raúl Reyes’, computer. A And now a few questions answered by Cecilia Rosa Gonzalez Velez who is a judge in Colombia’s Circuit Criminal Courts.
fresh enquiry may be launched because of alleged sound clips found connecting her to the group. Córdoba has refuted these and her lawyer has brought an international complaint against illegal wiretapping by the DAS, Colombia’s security service agency.
of concern as many members of congress were imprisoned in the first round. This is great testament to the independence of the judiciary and those that staff it; they have twice brought action against those most powerful with probable links to dangerous killers.
Córdoba has claimed that each of these investigations have been strategically brought about to divert attention from the staunchly anti-FARC administration of Álvaro Uribe Vélez, who served as president between 2002 and 2010. He has been accused of association with para-military groups who were created in response to the left-wing rebels for a variety of reasons, which range from protecting drug cartels production sites to carrying out what the Colombian army could not be seen to do. They evolved into their own powerful force and continue to have ties to the drug trade and the army. The AUC was one of the most formidable, supposedly disbanded after a peace settlement in 2007. Diego Murillo, aka Don Berna, Escobar’s successor in Medellín, joined the AUC who have been known, in cahoots with the military, to destroy entire guerrilla villages, murdering women and children. He was extradited to the US in 2007 and convicted on drug charges where he claimed he funded Uribe’s presidential campaign in 2002. Cases were brought to several members of the government for links with these groups, the most prominent Uribe’s cousin; Mario Uribe Escobar, was arrested but released for lack of evidence. The case against him has recently been re-opened and will certainly be
Uribe has often won praise for his aggressive action against the FARC which did see them retreat deeper into the jungle and make the country safe for tourists and business.
What is your opinion of the legal system in Colombia? It’s a copy of the American penal system, which was introduced in Colombia with some modification, the fact that the economic, social and political conditions of our country and the USA are very different prevents the system work-
Colombia has the world’s second greatest amount of IDP’s (internally displaced people) as a result of the government forces trying to reorganise the left wing support base. Uribe refused several attempts to negotiate with the FARC because he was not willing to discuss economic policy, 45% of Colombia live below the poverty line. Despite Colombia’s problems and controversy’s it has turned a corner. No longer can you find the most dangerous in the world within it’s borders, tourism and investment are both on the increase and Escobar’s stomping ground; Medellín, has new shopping centres, skyscrapers and transport systems following the capital; Bogotá, in its attempt to become a great metropolis. With this investment it can only be hoped that the social ills still clearly present will be addressed. The legal system has had many knocks and scares but looks to be in confident shape to defend justice in the years to come, well let’s hope so.
ing well; it has many faults. What has been the worst point in your career? The worst point, or the most difficult moments of my career were the violent deaths of several of my colleagues as a result of their actions in the attempted prosecution of
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powerful criminals that the State was unable to neutralize. What has been the best point of your career? Knowing my conscience is clear for attempting to prosecute them; I can hold my head high.
29
careers
C
areer aths
P
Types of Solicitors firms
essential information
As a result of the size of the legal sector and its competitiveness there are a variety of law firms in operation today. This list is not exhaustive however it should hopefully provide you with a basic understanding of what type of firms are out there. At this stage it should be remembered that with good grades and greater determination the ‘dream’ placements are attainable.
Magic Circle Five of the largest law firms in the world; Allen & Ovary, Clifford Chance, Freshfields Bruckhaus Deringer, Linklaters and Slaughter & May, make up this most esteemed category. With some of the most sort after placements and remuneration packages on the market working for a Magic Circle firm is considered to be the pinnacle of the legal sector. Dealing mainly in the corporate and commercial world the work load is known to be extremely hectic and competitive.
City Firm Competition for a place in a city firm is fierce with many greatly attractive but in-demand places on offer, providing both incredible opportunities and handsome remuneration packages, working for a city firm is sure to begin a rewarding career.
National Firm
Route
Non-qualifying law degree
Qualifying degree in English Law
Graduate Diploma in Law 1 year full-time 2 years part-time
Solicitor route
Barrister route
Legal Practice Course
Bar Professional Training Course
1 year full-time Working in a mix of commercial and general practice areas, 16 month part-time with a well-developed network of offices in various regions 2 years part-time in the UK along with overseas partners, the advantage of working for a national firm is receiving a good remu- Training Contract neration package as well as a good work-life balance. 2 years including
1 year full-time 2 years part-time
Call to Bar
Professional Skills course
Medium-Sized Firm Possessing a large and interesting range of clients medium-sized firms will provide you with an excellent range of commercial practice working for both private clients and regional companies. International work is limited.
Admission as a Solicitor
High Street Firm
Pupillage
6 months non-practising and 6 months practising
Further Qualifications (Optional)
Usually a small office operation, local firms work in a wide variety of sectors including; family, criminal, private client and taxation. Local firms are a great place to gain experience.
LL.M Masters of Law Degree Juris Doctor
In-House Firm
Niche Firm
A great place to find work placements as being a member of an in-house team offers a different challenge to that of your conventional law firm. In-house solicitors generally focus on the specific interests of a company which allows a more conventional quality of work-life along with the prospect of highs incomes.
A Niche firm is a Specialist firm, operating in only a single or a few selected areas such as Sports, Media, Information Technology or Telecommunications. Niche firms provide a great opportunity for those interested in a specific area of the law.
Important considerations when choosing: the Area of Practice; Location; Work envionment and Size.
DICTUM will CONTINUE the legal sector career search in our JANUARY ISSUE with a special on the BARRISTER ROUTE
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careers
Is restricting yourself to a local market really wise? by Fazl Buchari - 3rd year LL.B
You may have just finished your
well-established organizations.
higher education or are about to complete graduation, you may even have completed your masters. Naturally you will be looking at vacancies that suit you or that you were hoping to get yourself into after completing studies. The problem lies not in what you have gained from your respective institution but it lies in the employment market of whatever place you are settled in. There isn’t really any point in trying to blame anyone, such as the government in power or top of the list “Bankers” for this – it’s a waste of time. Instead you can actually look beyond the local employability and search for other states. You can search something within the European Union or even perhaps somewhere in Asia, the Middle East or the Americas. My reason for saying this is simple, too many times I have came across graduates that suffer from the job markets position and stick to working at a bare minimum wage because the only place they could find vacant was either at a retail outlet or perhaps a restaurant or a fuel station. Understandably a frustrating situation for anyone that has invested precious time and money only to see themselves in a position they could have been in with or without a qualification. Competition is fierce in an economy where some of the best students in the world gain honours at university level and then decide to serve at top class corporations in this very country. Fact of the matter is there is a high supply of intelligent personnel in comparison to the requirement of
Educational achievements from the UK are recognised worldwide and with a little extra effort in researching your options globally it could just pay off. Not only are you increasing your chances of getting a decent position but you will also edify yourself about other parts of the world, you will see places, learn a foreign language, learn about interesting cultures, and the list goes on. You have the ability to achieve anything you want in life, the world is your oyster - finding work abroad and living within other cultures is the best way of exploiting it. Of course you will ask yourself a number of questions about moving abroad and how this idea would affect you. Things to consider about relocation abroad • How would a move affect your long-term career aspirations? Is now a good time to relocate or should you wait until you become more established within your field? • Have you considered the views of others close to you? You will be away from your family and friends for a prolonged period. • Language - It is possible that English will not be the primary language of the country you are moving to. Do you know enough to get by? • Will your wage be paid into an account in the UK or will you have to open an account in your country of residence? • Will you enjoy living within the culture of the country you are
moving to? Such things as dietary habits, climate, housing, media, and local customs will all be different from what you are used to. • Would you require a work visa/permit in the country of your choice? You can find work abroad over the internet – the cheapest option. If you can afford it, try and travel to a place where you would want to live and work, take CV’s with you and speak to locals or expatriates of your own country and get tips from them. Try looking for work in an expatriate foreign company. There a language barrier will not be such a problem, if one exists in the country you want to work in. A good idea would be to tailor your CV to different countries. Employers in different countries essentially all look for the same qualities in their applicants, however a country may have their own unique conventions when it comes to CV writing. There will always be help available if you look for it. My advice would be to not only focus on the place you are currently situated but look further. It might be just as hard to find a place in a new country but at least the probability of starting a good job is higher. If you have specific skills that are in short supply within your target country you are immediately in a strong position. Starting a life elsewhere is daunting but definitely worth pursuing because as Albert Einstein said “The most incomprehensible thing about the world is that it is comprehensible.”
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31
careers
“Your tools for the right track” By Chetak
Gandhi
MSc. Mathematical and Computational Finance, University of Oxford Getting the first job is probably
the
most
difficult.
Choosing the right line is very important. One should select a path that comes naturally to them rather than what peers are doing. Law. Consultancy and banking are not the only fields in the world. One should keep an open mind. Once one starts a job it becomes difficult to change as one gets comfortable in the day to day routine. Do not be afraid if you are confused. It is natural. If at 20 you know exactly what you want to do your entire life, you are either delusional or a fool. The purpose of internships has been lost these days as people try to use internships to earn money. Internships are very helpful in deciding whether a particular field is good for one. Internship conversions at the end are morale boosting but one should not take them as life defining or that one is not meant for that field. There are a variety of reasons why an internship may not lead to a full time offer. More than 50% of those reasons have nothing to do with the candidate. Many companies hold seminars for potential candidates where they describe their business and future plans and give people a chance to interact with their members. These seminars are very informative and one should try and attend as many as possible. It tells a lot about the company which is very helpful during interviews. Sometimes speaking to someone in the company on the spot may also lead to a direct interview call. It also gives one an understanding about the work environment of a place and wheth-
32
er it suits the candidate. Not to mention they have good food. Career fairs are also an important forum as they give a chance to meet multiple employers at the same time. One should always carry their CVs to such seminars. CV and cover letters are very important when applying for jobs. CV is the first tool that one has to make their case to an employer. The fact that one cannot be there in person to explain what they want to say means the CV has to be written in such a way that it delivers the message clearly. A number of times one finds that good candidates do not get interview calls. One may have done a number of good things and achieved a lot but if it is not presented properly the employer will never know. It may be uncomfortable to write about one’s laurels but one has to. It may be hard to accept but presentation is very important for a CV. An employer may receive more than 30 – 40 CVs for one position. He has to go through them over and above his/her normal duties. Thus they are going to spend minimum amount of time reading them. A CV barely gets a minute worth of scanning, thus it is essential that one writes a concise CV and highlights the most important things so that they stand out and catch the reader’s eye. In most big companies the CVs are first screened by people who are not directly related to the business. They are just looking for certain words that they have been asked to look for by the employer. One should write a CV keeping this in mind and not include very technical words.
Cover letters are also very important as they give one a chance to present themselves in words rather than bullet points. It is a good idea to do research about the company that you are applying to and include a bit of this in the cover to show that you have taken the extra effort. There are hundreds of similar institutions in the city, so why this particular employer suits you the most? – a couple of lines in the cover letter about this can go a long way. This is where attending company seminars can be very helpful. A visit to the company website is not a bad idea either. Enrolling oneself on professional websites like LinkedIn and efinancialcareers is quite helpful. They are a good forum to get introduced to potential employers. Approaching alumni through LinkedIn is quite common and often helps. All the above are concerned with immediate job search but one must not forget further education. The above research may lead one to recognize that they need to gain further expertise in the area they are interested in to get a position in the institution that they want. It is not a bad idea to spend a few more years at the university gaining the extra expertise. One should not feel that they are losing important working years. A post graduation may lead one to start at a higher position than if one starts immediately after first degree. Moreover later in the career having a post graduation degree has a lot of advantages for reaching senior positions. These points have helped me in my profession, I’m sure you can gain from them too.
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law reports Autoclenz Limited (Appellant) [2011] UKSC 41
v
Belcher & Others (Respondents)
The question in the case arises in the context of whether individuals are ‘workers’ within the meaning of the National Minimum Wage Regulation 1999(NMWR) and of the Working Time Regulations 1998(WTR). Autoclenz were into the car cleaning services and the respondents (claimants) are twenty individual valeters who all worked for Autoclenz as car valeters. All twenty autographed similar contractual documents under which they were deemed to be self employed and were taxed on such basis. A new contract signed in 2007 contained some debatable “no obligation”
clauses and claimants brought an action before the employment tribunal seeking declaration that they were workers as defined under the WTR & NMWR, consequently entitling them to holiday pay and to be paid in accordance with NMWR. The employment tribunal held that the contractual terms did not reflect the true agreement between the parties and could be disregarded. Autoclenz then appealed to the employment appeals tribunal, which held that the claimants were not employees under limb (a)
but were workers under limb (b) of the definition in the Regulation. A further appeal to the Court of Appeal by both parties restored the decision of the employment tribunal and Autoclenz subsequently appealed to the Supreme Court. The appeal was unanimously dismissed on the basis that the employment tribunal had been right to find the claimants were workers within the meaning of the NMWR and WTR citing that the question in every case is what the true agreement between the parties are; with a mandate to discover the actual legal obligations of the parties.
Advocate General’s Opinion in Case C-17/10: Toshiba Corporation & Others An international cartel in which numerous European and Japanese undertakings divided the world wide gas insulated switchgear(GIS) amongst themselves for a period spanning sixteen years beginning in April 1988 were resultantly penalised by way of fines by both the Czech and European Commission, with the former initiating proceedings after the latter and also adopting its decisions after the commissions. It was then presented whether the cartel were justly fined by the Czech authorities, having regard to the general principle of law which now enjoys a fundamental right of the EU under Article 50 of the Charter of Fundamental Rights, which provides that no one may be prosecuted twice in criminal proceedings for an offence that a punishment
has already been served (ne bis in idem.) Toshiba and several members of the cartel contested that it had been the case and brought actions against the Czech competition authority’s decision arguing that the separate fine imposed by the Czech authority had infringed on the principle. A question from the national court was then put to the Court of Justice whether the principle precludes the application of national competition law by a national competition authority in such a case. Advocate General Kokott presiding concluded that the Czech competition authority had not infringed the principle (ne bis in idem) on the reasoning that the commission’s decision and that of the competition authority do not relate or share the same material facts.
G
v
The United Kingdom [ECHR] 136
G, a British national was convicted of raping a twelve year old in July 2005. At the time of the offence, G was 15 years old. He appealed against his conviction and sentencing to the Court of Appeal, petitioning amongst other things; of a violation of his rights under Article 6(i) & (ii) (right to a fair trial including the presumption of innocence) of the ECHR and of a violation of Article 8 ( right to respect for family life) of the convention. G’s appeal to both the Court of Appeal and the House of Lords (now Supreme Court) were simultaneously dismissed and refused on 18 June 2008. An application was then made to the ECHR where he filed that his conviction for rape of a child under section 5 of the
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Sexual Offences Act 2003 was incompatible with the presumption of innocence protected by Art 6(i) & (ii). He also complained that the prosecution and conviction for the offence was disproportionate and violates principle enshrined in Article 8 given his age. The court held it was not its role under Article 6 (i) &(ii) to dictate the content of the United Kingdom’s criminal law and that Parliament’s decision not to make available a defence based on a reasonable belief that the complainant was aged 13 or over, could give rise to any issue under Article 6 (i) & (ii). It was also held that G’s complaint under Article 8 was manifestly illfounded and ruled both grounds inadmissible.
33
careers
Careers explained...
by Leena Lais BA HON English Literature
By
definition it is an opportunity attained by an individual to mark the success of continuous education and hard-work. For some, it also means progressing in a field of work they have stuck to since the age of sixteen and continue to develop as a life choice, with benefits and rewards. However, to some the easy – and most obvious - route to attain a career is by completing a degree, almost everyone thinks this. Not exactly true. Having a degree is beneficial by all means it makes you stand out from the crowd when you are seeking the career of your choice, but do not believe at the end of three years of studying that a career will miraculously pop up for you, it is up to you to work for it and to go and get it whilst continuing to study - multitask!!! The options of the type of careers available whilst having a degree is listless, it is a rather daunting prospect of having to go through it all without having clear direction about where you want to go after you finish your degree. This is why a firm under-
34
standing of what your degree offers at the end of three years is crucial. Never fear, as there is always a bright - or depending on how low you feel a dim - light at the end of the tunnel. Remember, without sounding elitist, a strong candidate is one who has a degree and any degree is still an option for a good career. For example, a degree in English Literature
there are others, you have to recognise the skills you have learnt from your degree. A degree in English Literature shows that you have research skills, understanding of critical theories and complex ideas. As a result, you develop a clear ability to express yourself in your written work by projecting your communication skills. This is how you own your work and consequent-
career choice, by doing so, they gather a better idea whether that career is ideal for them and whether they are good at what they do and if the benefit of seeing their published work is one which motivates them to take it further. Ask yourself, do you enjoy what you do and can you imagine a career? The key idea here is to gain experience and not to just sit there and complete your degree, be productive at all times, do something with what you are learning and do not wait till at the end of three years to actually start us-
ing your skills!!! All of it counts towards making you stand out like gold dust on your CV and for prospective employers they like the idea can seem limited when ly this works in your that a candidate who you consider what it favour. English Lit- has dabbled in gencan offer outside of erature students can eral roles relating to the academic world start aiming for their their career choice. – these being either you become either a school teacher or a lecturer (if you pursue your MA). No, do not be fooled! Entering the Education Sector is the most recognised career development programme available and ones which most career advisors would inform you about -
career whilst studying, they may choose to get involved in writing for the student paper, from the experience gained the student may choose to pursue a career in Journalism. What helps them is the fact that they have participated in that field of work before they make the
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By employing you, they are giving you the opportunity to demonstrate to them all your skills and experiences obtained, show them you can do this, you are en route to being a success.
careers Through the eyes of a Post-Graduate engineer By Asaad Qureshi Living a life of a student for almost a quarter of a century I was nervous to step into the world of full time employment. Nervous because in my mind the time was nearing when I would need to apply all my knowledge gained throughout these years to the real word. I chose mathematics at school simply because I was quick at solving problems hence, could have more time for sports. I got into college as I had good grades under my belt, not that I worked hard for them but because I was naturally good with numbers. I opted to do my major in electronics as I thought that it will take a while for this world to replace electricity with something else, (not sure even if that is possible now!) so I had some kind of sense behind my decision, which in honesty wasn’t a bad one!. Enjoying the student life without having to think about supporting myself in the real sense of the word, I took it a little further and came all the way to London from Pakistan to do my MSc in Engineering with Business Management at King’s College London. This involved living completely on my own, working part time to support myself, bear the guilt that my parents have to pay a huge sum of money for my fees as an international student, so the pressure was on. Now, if you are still reading this, then you may be interested to know the reason behind this rather big decision. Well, simply put, I always knew that one day I needed to stand on my own, so I took it as a step towards independence. Having done well at King’s and proving that I can live on my own, I thought that was it, I have made the transformation into manhood but I was a little early in my claim. My nervousness mentioned before had a valid reason for its existence. Working for an Automotive giant in a highly corporate environment was different compared to university and even the internships. The academic concepts and degrees were enough to get me in but not enough to make me stay. I had mixed feelings;
sometimes that I knew too much and sometimes that I knew very little. I wasn’t able to strike the right cord and it was starting to get to me. I was attending three meetings a day on average and not contributing much. I had to find a way to crack this and so I did. By hanging in there I soon realized that the key is to stay aware and by aware I mean: being a good listener, putting your point across, not jump to conclusions and have the corporate goal in mind. In my experience so far, decision making at work is crucial, so it is very important that we make an informed one. For instance, an engineering solution to the problem might appear simple and straightforward but there may be inputs coming from other departments such as marketing, sales, finance, health & safety and HR etc that may suggest that your decision is not the best one. It is at this point where you need to be patient and work alongside other departments to reach for the optimal solution.
Your social skills are as important as your academic ones. The fact is that you influence others and vice versa. In order to achieve common goals you need to play as a team, be patient and always maintain your focus. The transition period between a student life and a professional one may be smooth for many, but if it is not for you then hang in there, success isn’t that far.
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35
careers
Revolutionary Trainee Model introduced to allow Fair Access into the Legal Profession By Jasmin Atrafshan, LL.M Student of International & Comparative Commercial Law - SOAS University
After numerous attempts by the gov-
ernment and major law firms to increase and improve social mobility and diversity within the legal industry, a new model introduced by Acculaw Partners Limited may go some way to responding to long standing concerns. The Solicitors Regulation Authority has approved Acculaw as a training establishment and therefore authorised it to offer training contracts as their proposed model is capable of satisfying all existing regulatory requirements in relation to training. Acculaw offers law graduates an alternative route to enter the legal profession in the UK whilst still following the training contract route. The new Acculaw Trainee Model is designed to redefine the traditional training scheme without replacing it; it is developed to make recruitment and company resource management more efficient and equally beneficial for both outstanding law graduates from postgraduate law schools having difficulties passing the initial interview stage and commercially minded law firms. The newly established company is based in the City of London and just within walking distance of London Met’s City Campus; it is founded and set up by former Hogan Lovells International LLP Trainee and Practitioner Susan Cooper who has recently completed an Executive MBA with Dis36
tinction and who is aiming to provide future Acculaw trainees with “a truly unique training contract” by letting them work “for more than one firm throughout [the] training contract” as well as offering them a “fresh approach to trainee management”. Its advisory board consists exclusively of highly respected professionals acting in the legal industry. The Acculaw team hopes to effectively advise and recruit Acculaw future trainees on behalf of its clients, specifically, leading law firms and in-house legal depart-
ments. Although Acculaw will look at the same criteria as set out by its clients, the team will work hard to determine whether you are the right person for their clients by taking the time to look at all the circumstances, perhaps the reason why you were unable to secure a training contract and by taking into account your “skills, attitude and determination”. The application process includes the submission of an online application form, your CV, a Cover Letter and a statement explaining why they would want to offer you a training contract.
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careers Once an applicant has been offered a training contract, Acculaw will second the trainee out to its clients for minimum periods of three months. During secondments trainees will be treated in the same way as if they were trainees of that firm receiving the same level of supervision and training. This Model is unique as it allows its trainees to identify what type of firm they would like to work in later on in contrast to the traditional trainee scheme giving one no opportunity for a comparator check. The company ensures that each Acculaw trainee will qualify as a solicitor within 24 - 30 months from the start of their training contract. Trainees will receive an annual salary of £20,000; a salary which is paid by Acculaw rather than the company or firm where the trainee is seconded to. Alongside the opportunity of working for established City Law Firms, Acculaw trainees will also benefit from networking with other Acculaw trainees who will go on to qualify at a variety of different firms unlike the current model where trainees tend to get to know other trainees who will qualify into the same firm.
The new model has been applauded by many other lawyers and experts in the legal field, including Ed Turner, Managing Partner at Taylor Vinters and Kim Archer, Chief Executive at Peters & Peters Solicitors LLP. Tony Angel, Ex-FMP Linklaters and CEO Vintage Diagnostics Ltd. also welcomed the initiative by saying it is “[a]n innovative approach to solving the challenges law firms face in recruiting appropriate numbers of trainees and managing their cost”. Acculaw helps law firms and in-house legal departments with “reducing costs”, “improving efficiency”, “improving resource management” and an “alternative to legal process outsourcing” by cutting “upfront costs for law firms”, such as graduate recruitment, marketing activities and Legal Practice Course sponsorship Olswang LLP having already announced they will be running a pilot of the model with Acculaw. Further firms are likely to follow. More is
information about the new scheme
available
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on
www.acculaw.co.uk.
37
procrastination LEGAL CROSSWORD
1.
2.
3. 4.
Across 5.
1.Runnymede was the location 4. Something intended to deceive 6. A promise under a deed 9. A great advocate for utilitarianism who resides at University College London 12. The Constitutional Reform Act 2005 set up which institution 13. Not guilty 14. The International Down court set up in 1959 sits where 2.s.32 of the Trustee Act 1925 grants this power 3.An act punishable by law 5.A 1985 agreement that eliminates border controls 7.Type of proprietary interest which can bind third parties without registration 8.What follows the law 10.A _____ intervening act 11.The house of commons, house of lords and the _____ creates law 6.
8.
7.
9.
10.
11.
12.
13.
14.
SUDOKU 2 9 4
5
8 7 9
level: medium
2 2 1
5
1 9
5
3
5 7
1 8
7 8 3
9 4
9 1 5
3
5 7 8
level: difficult
3
3 2 9
6 1
dictum welcomes reader comments, tips and corrections. E-mail us at editor. dictum@gmail.com
3 4
9 3
4 7
1
IMPORTANT QUESTIONS
OCTOBER IN LAW October 18, 1945 - The Nuremberg War Crimes Trial began with indictments against 24 former Nazi leaders including Hermann GĂśring and Albert Speer. The trial lasted 10 months, with delivery of the judgment completed on October 1, 1946. Twelve Nazis were sentenced to death by hanging, three to life imprisonment, four to lesser prison terms, and three were acquitted. October 24, 1922 - The Irish Parliament voted to adopt a constitution for an Irish Free State, which formally came into existence in December 1922.
Q: What’s the difference between a good lawyer and a bad lawyer? A: A bad lawyer can let a case drag out for several years. A good lawyer can make it last even longer.
Q: How many lawyers does it take to change a light bulb? October 24, 2011 - Marks the 66th anniversary of the signing of the United Nations Charter by 50 member states. Also known as United nations day. A: Six. One to change the bulb and five to write the environmenOctober 3, 1995 - OJ Simpson was found not guilty of the murders of his tal impact statement. ex-wife Nicole and her friend Ronald Goldman.
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LL.B Core Books YR.1
books
Criminal Law I and II
Complete Criminal Law: Text, Cases and Materials,. Loveless, J. (2010) 2nd Ed. David Burton
“Simply a great book, containing all you need for both criminal law modules making it even greater value for money. A very easy and compelling read.“ Best price found – £25.59 @ www.amazon.co.uk
YR.2
Law of Torts I and II
Tort,. Giliker, P., Beckwith, S. (2011), 4th Ed. David Burton
“Extremely well written and perfect for Tort I containing both basic and detailed information. In regards to Tort II however the textbook is lacking in detail in some areas, although saying that if you only intend to purchase one Tort textbook then look no further“ Best price found – £27.95 @ www.amazon.co.uk
YR.3
Equity And Trusts
Equity and Trusts,. Hudson, A. (2009), 6th Ed. David Burton
“First appearances may give a daunting impression due to the size and relatively complex structure however perseverance will provide the reader with an impressive in-depth knowledge of the subject matter. This textbook comes with companion online resources including podcasts provided by the author.” Best price found – £26.90 @ www.amazon.co.uk
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The views and opinions expressed within Dictum are those of the authors and do not necessarily reflect the views of the LGIR faculty or by London Metropolitan University. Whilst every care has been taken in the creation of this publication, the publishers cannot accept any responsibility for any inaccuracies arising from this publication or for any consequential loss arising from such inaccuracies. No part of this publication may be reproduced or altered by any means without the prior consent of Dictum. This is subject to the exception of photocopying by careers adviser or lecturer. All copies either full or partial must be fully acknowledged.
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