THE DEVIL’S ADVOCATE SUMMER 2017
ISSUE 1
LSBU LAW SOCIETY MAGAZINE
COMMERCIAL AWARENESS LIFE AT LSBU
INSPIRED BY LAW
LSBU STUDENTS OUT AND ABOUT
JUDGES OF TOMORROW
INSIDE 01_ MESSAGE FROM THE EDITORS 02_ LAW SOCIETY NEWS 03_ TAN IKRAM CASE STUDY
MESSAGE FROM THE EDITORS
04_ JUDGES OF TOMORROW 06_ LEADERSHIP AND FEMINISM 08_ INTERVIEW WITH LOUISE CRILLY 1 0_ COMMERCIAL AWARENESS 13_ TIPS & TRICKS THAT WILL GET YOU HITCHED 14_ LIFE AT LSBU 16_ ALTERNATIVE DISPUTE RESOLUTION IN THE NIGERIAN LEGAL SYSTEM 17_ CLINIC CONFERENCE 18_ INSPIRED BY LAW 20_ DAC BEACHCROFT 21_ LSBU STUDENTS OUT AND ABOUT 22_ SARA CHANDLER
A new edition of The Devil’s Advocate is here! The editorial team is pleased to present this issue of the Law Magazine which incorporates the work of students from the LSBU Student Law Society. You will be delighted to read again about this year’s successful Inspired by Law event which recognises the achievements of lawyers and activists who work for social justice and the protection of human rights. An article on clinical legal education from an LLM student highlights the importance of student work placements at LSBU’s very own Legal Advice Clinic. The Law Society and Law Division news will give you an overview on the varied activities undertaken by both students and staff. The tumultuous development of recent political events has stirred student interest in current affairs, both political and business related. There is an article by a second-year law student addressing the importance of commercial awareness as an indispensable skill required in the legal profession. In correlation to this, there is an article by diversity group, ‘Zoe’s World’, about the UK’s leadership under Theresa May, which also considers the representation of women in UK politics. Sometimes appreciating the English Legal System requires a comparative evaluation of other countries’ legal systems, so an article on alternative dispute resolution in Nigeria helps to give an insight into the Nigerian legal system. What makes this issue more exciting is reading the article about the recent event held by the city law firm DAC Beachcroft at the university with the aim of providing employability opportunities for students. Another article on the ‘Judges of Tomorrow’ illustrates a trip by some students to the Old Bailey, which highlights the necessity for diversity in the English legal system as well as the importance for students of networking and searching for inspiring mentors. The interview transcript of Louise Crilly, the head of employment and legal matters within the Police Service of Northern Ireland gives further insight into the importance of mentorship and interesting career options for law students. An article on tips and tricks on getting along with studies and life at university will be beneficial to students. Many thanks to the Dean of the School of Law and Social Sciences, Craig Barker. the Head of the Law Division, Andy Unger, the Consultant Editor, Kim Silver and all those who have contributed in making this magazine come to fruition.
23_ LAW DIVISION NEWS 24_ MOOTING
DANBERTRANDS CHI NDIKUM, MAX CAULFIELD, SHEREEN BOUCHER
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LAW SOCIETY NEWS
DEAR ALL,
We had a Bake Sale to raise money for Mind, the mental health charity. Mind has been at the forefront in raising awareness about the different issues that people with mental health problem face. We used this opportunity to raise awareness about mental health as Mind explained that 1 in 4 people in the UK are suffering from mental health problems.
The Law Society is a platform we law students use to help bring each other closer. This year we have organised many useful and fun events. Our first event was the “Rave/Disco” night. We understand that as a law student it sometimes seems difficult to have time for fun, but our aim is to help the new year one students clear that idea from their heads and to assure them that, regardless of the dedication to study, we can still have fun. All that is required is the ability to balance our time.
One of our major events for the year is the Law Society annual Christmas dinner, we had a fantastic Christmas dinner at Austin Friars with everyone showing off their dancing skills after a 3 course meal. A shout out to all the We had a quiz and lecturers that attended, THE OUTGOING EXECUTIVE karaoke night, when law next time we will get students unleashed the you onto the dance Ayo Victor Ogungbure _President music beast in them! floor. The Law Society Helen Oshuwa Itsawegede _Vice President We have some serious summer party is being talents and without such Danbertrands Chi Ndikum _Secretary held on the South Bank a night, no one would and promises to be Simranjit Singh Digpal _Treasurer have thought they had another great event. an amazing voice. There Carolyn Marshall _Welfare Officer In semester 2 the Law was a law quiz with Aminata Barrie _Street Law Coordinator Society was packed with questions coming from events from lectures subjects taken across Janine Cassells-Airley _Charity Event Coordinator from well known the different years to Joy Johnson-Babatunde _Welfare Officer academics to discussion make it impartial to all on various areas of law students. Andy provided Nicholas Stanley _Media Officer that are tailored to help some great prizes which Max Short _Mooting Coordinator our students prepare were won that night, for life after graduation including five Kindle THE NEW EXECUTIVE and to achieve excellent notes and text books. Joy Johnson-Babatunde _President grades. We have had With the help of the wonderful coups as a Debrah Igbinedion _Vice President Law Division, we have society, thanks to Law hosted Dr Stephen Society members using Nicholas Stanley _Secretary Barber to speak about their initiative to invite Enitan Oluyemo _Treasurer his recent BBC Radio 4 well known figures. Sim talk, The Case for Doing Max Caulfield _Welfare Officer 1 Digpal persuaded both Nothing (www.bbc. Robert Bourns, President Larisa Iancu _Welfare Officer 2 co.uk/programmes/ of the Law Society and b07x20bz). This was a David Ormerod, Law Sarah Whale_Charity Event Coordinator very educational talk, Commissioner and Afsanah Ali _Media Officer which also gave our author of a leading students the chance Max Short - _Mooting Coordinator textbook on criminal to ask their questions law, to speak. Carolyn George Nixon _Deputy Mooting Coordinator and it was a great Marshall invited Cyrus opportunity to learn. Larizadeh QC who gave a mesmerising We went on a tour of and inspiring talk, lasting late into the night. the Houses of Parliament. This tour gave us the opportunity to see first hand all Dr Mike Rodney Finally, I want to use this opportunity to thank had taught us in Public Law about the operation the outgoing executives for a job well done. of Parliament. Our guide explained how Bills We are all working as a team to make our presence become law and we had the opportunity to enter felt in the University, to retain our place at the the House of Lords Chamber and saw the Golden top as the best society and to be a better and Throne. The history of the House of Parliament stronger society uniting all law students. was explained that next year Parliament will be celebrating the centenary of women’s right to vote. JOY JOHNSON-BABATUNDE, PRESIDENT 2017-18
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TAN IKRAM CASE STUDY TAN IKRAM SPOKE AT THE JUDGES OF TOMORROW EVENT ATTENDED BY LSBU STUDENTS (SEE OVER FOR FULL REPORT) HE TOLD US WHAT HE ENJOYS ABOUT THE ROLE AND GAVE GOOD ADVICE ON SELECTING REFEREES. “In 2003 when I started sitting part time [as a Deputy District Judge] I was head of department of a medium sized law firm. I spent much of my time managing, reviewing utilisation rates, time recording, dealing with monthly targets and aged debt, you know, the sort of things that partners worry about. But every now and again, I’d take time out and do my other job as a judge. I quickly realised that this was what I wanted to do full time. It tested a different part of my brain but it also assisted the practice by bringing in new skills. When you start making the decisions, it does focus your mind on the things that matter in a courtroom and you learn by seeing cases through the eyes of the judge. I think I became a better advocate and brought back much to the firm.
THERE ARE MANY POSITIVES TO SITTING ON THE BENCH – INTERESTING CASES AND ARGUMENTS.... BUT IT ALSO BRINGS ITS CHALLENGES” way of a written qualifying test. I knew we were likely to be asked questions about magisterial law and practice – rules of evidence, hearsay, endorsements, all those technical points that you need. So as far as I was concerned the best way to prepare was to get the books out.
“There are many positives to sitting on the bench – interesting cases and arguments (some of which I admit to borrowing) – but it also brings its challenges. Balancing priorities was difficult and keeping partners happy was sometimes tricky.
“I thought very carefully about my references too. I didn’t know any QCs particularly well and I didn’t know any judges either. I’ll be honest, I come from Slough and I wasn’t sure people like me became judges. In the end, I chose a head teacher at the school where I was a school governor, a Crown Prosecutor who I used to regularly spar against and a partner at another firm in town who knew my work well.
“I was sworn in at the RCJ as a full-time judge in May 2009 and it is the best job I’ve ever done; in the trenches, very much on the front line. “It brings with it a lot of responsibility and life has changed. I don’t worry about billing targets, see clients seven days a week or roll into a police station at 3am. The work can be demanding – district judges in the Magistrates’ Court deal with the longer and more complex cases. Recently, I travelled down from London to Redhill to deal with a long case in the Youth Court. Some of us also deal with family cases and I sit in the Family Court where I handle the usual diet of care proceedings and applications for contact and residence orders.
“Recently, the JAC sent a form to me, seeking a reference for someone. Would you believe, I didn’t even know the applicant? So, do approach your referee first, and tell them you’re applying. If it’s a member of the judiciary, do remind them of all those difficult points you raised in front of them and how eloquently and politely you disagreed with them on the day. There is nothing wrong in jogging memories as the reference will only be worthwhile if it is backed up by examples.
“The work is varied and it comes with its own pressures as well – a Court One list at Camberwell on a Monday morning can have 60 cases. That’s a lot to get through in one day. Many of the defendants will be unrepresented, most of the lawyers will be extremely helpful but some lawyers will arrive without having read their papers. On occasion, I may be the only lawyer in the courtroom as the prosecutor need not be legally qualified. So you’ve got to know your law and, as importantly, be good at handling people and juggling the volume of work, never forgetting that fairness and justice always comes first.
“And look at the online application form now, don’t wait for a competition. Start thinking about the examples you can give to show you meet the necessary qualities and abilities. Ideally, you should have been thinking about this long before the day the JAC announces the competition is open for application. You should have already taken the time to have visited the court or tribunal where you want to apply – or undertaken some relevant judicial shadowing to see how it works.
“Today, the judiciary is appointed on merit alone and competition is fierce. You have to be well prepared. When I applied to the JAC for my full time role there were around 400 of us applying for just 20 or so positions. Shortlisting was by
“My final piece of advice would be to apply for something you have a real passion for and are going to enjoy doing.”
ANGELA PRATT, 3RD YEAR LLB 3
JUDGES OF TOMORROW Sara Chandler arranged a trip for a group of seven students to attend the “Judges of Tomorrow” event at the Old Bailey. There were two other universities there and we sat in the Sheriff’s Dining Room, in front of a panel of four judges; Wendy Joseph, a Crown Court judge at the Old Bailey, Martin Bedow, a Crown Court judge at Southwark Crown Court, Tan Ikram a judge at Westminster Magistrates Court, and James Taylor, a judge at London Central Employment Tribunal. The purpose of this event was to teach young people what judges do on a typical day, and to spark an interest in them so that they consider the idea of becoming a judge in the future when they may otherwise not have thought about it. Martin Bedow has dealt with a variety of cases, from those involving high profile film producers, to sexual abuse, including Operation Yewtree, a police investigation into the sexual abuse allegations against Jimmy Saville. He said that although being a judge can sometimes be a lonely job, compared to life as a barrister, he enjoys the ability to have more control over his work and to have more structure in what he is doing. Unlike other judges, Bedow stated that he thoroughly enjoys long cases, such as one he is currently doing, that will be going on for 5 months, as he can really get his teeth into them, and longer cases tends to mean that more experienced advocates will act as counsel. He explained that whereas before, jurors might have to look at 30 lever-arch files full of documents, the system has modernised in that each juror now gets an iPad which is updated daily to include only the relevant documents, which makes things faster and easier. Bedow concluded by expressing his delight at how the legal system has changed in terms of being more diverse. He said when he started working at the bar, there were 7 male barristers to 1 female, but now it is more like 50/50. Tan Ikram began by telling us that he got a 2:2 in his law degree and actually failed the bar exam, which caused him to go down the solicitor route. He has worked on cases such as the London riots. As a district judge in the magistrates’ court, Ikram said that he liked making the decisions by himself without having a jury to think about. Though the Crown Court judges, Wendy and Martin, stated when asked, that it is very rare that a jury has come to a decision with which they wouldn’t agree. Wendy said that on only two occasions during the years she has been a Crown Court judge, did a jury reach a decision that she disagreed with.
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James Taylor explained that working in the London Central Employment Tribunal meant that cases were brought to him on a postcode basis, meaning that all of his cases were dealing with employment in central London, so he has dealt with high profile cases involving banks, the government and national security, to hotel workers and car park employees. Working in employment law means that Taylor deals with a lot of discrimination cases, which he described as being very important to society as a result of the Equality Act 2010. The floor was then opened for questions. I asked if the judges felt like they spent more or less of their evenings and weekends doing work as a result of becoming a judge compared to when they were barristers or solicitors. All four of them agreed that being a barrister or solicitor meant that sometimes there would be lots of work and they would be working non-stop, and then sometimes there would be periods of time up to a week where they had nothing at all. Being a judge means that the workload is more steady and balanced, and it has meant that they have had to work more efficiently because the courts close and they are not allowed to take evidence home etc. Someone asked the judges if they have ever been haunted by a decision made on a case. Wendy said that she had never been haunted by a decision made, because as a Crown Court judge, the jury makes the decision and she just assigns the relevant prison sentence. However she did say that she particularly hates cases involving the death of children, and when she has to sentence dogs to death. She said that though such cases are unpleasant for judges, judges are actually far more removed from the situation than counsel, as obviously they have to personally deal with the defendant and victim.
never happened during either of their careers. Martin explained that though a decision has never been overturned, he was once chairman of the parole board in which a decision was made for a prisoner convicted of murder should be allowed to be in a less restrictive prison. Upon being moved to that prison, a parole board there decided he should be let out. Following his release he went on to commit the same crime less than 3 months later. As he was chairman and as such had written a report as to why the decision was made to transfer this prisoner to a lower security prison, he had to be questioned by the police and he said that this was obviously a nerve-wracking and unpleasant experience. Wendy concluded by taking all of us to Courtroom 1, the most famous courtroom in the world. The witness box had a roof over the top of it, and she explained that this was the only one like that left at the Old Bailey, and it was because the courts used to be outside, and so the witnesses were protected from the weather. It was a thoroughly enjoyable evening and gave us all an excellent insight into what judges do. It’s not just sitting in cases but can include a whole range of other things, and I would recommend everyone to try and attend the talk next year.
ALICIA ZAHEDI-DE WOLFE
James said that though cases didn’t haunt him, it was particularly unpleasant when people that had been subject to discrimination for a period of time were obviously severely distressed, and acted as litigants in person, as it was very upsetting. This was especially so when James was aware of a high risk of suicide depending on the decision he made. Another question was asked as to how the judges felt if a decision went to the Court of Appeal and their decision was overturned. It was explained by the Crown Court judges that as the jury makes the decision, it would be the fault of the jury and not them. However if, for example, the judges failed to admit some evidence thinking it was inadmissible and that caused the jury to come to the wrong conclusion then that would be a problem, and they might feel bad, though it had
IN PICTURES 5
LEADERSHIP AND FEMINISM: A UK TALE ZOE’S WORLD The year 2016 will forever be engraved on our memories as we witnessed two occasions when public opinion defied statistics and political predictive algorithms. Firstly, Brexit came as a shock to the world creating uncertainty in global markets and led to Theresa May becoming Prime Minister. The victory of Donald Trump to become the USA’s 45th president was unsuspected till results were revealed. Elections in Netherlands and France appeared to stem the nationalist tide, but the UK faces a snap General Election as we go to press. The Supreme Court sat as a full court in December 2016 for the first time to establish the process for notifying withdrawal under article 50 of the Treaty on the European Union. The passage of the European Union (Notification of Withdrawal) Act in March 2017 has left unresolved many of the questions about what Brexit will mean for ordinary people.
On the other hand, there has been a huge outcry of criticism of Theresa May in the way in which her policies have disproportionately affected woman, especially working class women. Some of these policies are sarcastically mentioned below in comedian and writer Bridget Christie’s ‘Mind The Gap’. Critics argue that these policies are very typical of right-wing Tory policies which benefit few but the privileged. The Tories promote a sexist, social order; May simply upholds the mould of the sexist social status quo, despite being female she is simply a ‘smokescreen’.
This is what a feminist looks like: Theresa May. Credit: Fawcett Society
Leaving aside national and international politics, a recurrent topic that resurges frequently in debates with fellow law students is the theory of feminism. Is Theresa May a torch bearer for the ideals of feminism or is she just steering the Tories’ agenda? A question that will spur varied answers.
“IS REPRESENTATION ENOUGH?” Now that we have a female Prime Minister, whose Cabinet is one-third female, it seems there has never been a more relevant time to ask whether female representation is enough for progression of gender equality in our society. I recommend you read the various articles listed below which have alternative opinions over whether the likes of Theresa May, and other high profile female Tory members are really doing much, if anything to improve the plight of women or arguably making things more difficult. I will be highlighting and exploring few of the main points mentioned in these articles.
“[T]here are female conservative MP’s who are happy to call themselves feminists. Why, they even wear T-shirts saying that they’re feminists, just so that we know. I saw a photo of Theresa May wearing one, (position) and the front, it said, ‘This is what a feminist looks like.” And on the back of her one, it said, ‘Not really! I’m a Tory!’ And underneath that, it said, ‘I axed the Health in Pregnancy Grant. I closed Sure Start Centres.’ That one had a smiley face next to it. ‘I cut child benefit and slashed tax credits. I shut down shelters for battered wives and children. I cut rape counselling and legal aid.’ Winking face. ‘I closed down all twentythree specialist domestic violence courts. I cut benefits for disabled children. I tried to amend the Abortion Act so that women received one-to-one abortion counselling form the Pope before they go ahead with it. LOL’ the back is much longer than the front by the way. It’s a tailcoat, basically. The new Tory feminists are wearing tailcoats.
Theresa May, has been pictured sporting a profeminism slogan tee as part of the “This is what a feminist looks like” campaign. The campaign attempted to rebut the stereotypical, outdated idea of what feminism stands for and include people from all works of life. It is the work of the Fawcett Society, which campaigns for gender equality and recently set up a Young Fawcett group at LSBU. Despite May’s otherwise reluctance to label herself
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Bridget Christie, episode 2 of Radio 4’s Bridget Christie Minds The Gap (2015)
a feminist it can be argued that by simply being the Prime Minister she has opened countless opportunities for women and broken a few “glass ceilings” in the meanwhile. Regardless of whether you agree with her views and the policies of her party, representation is still a form of progression.
As she recalled at the weekend: “Somebody told me that their little girl has said: ‘Mummy, I didn’t know a girl could be a prime mister.’ So hopefully that’d going to raise some aspirations.” There have been 76 prime misters since 1721 and only two of them women. In a world where seven-year-old girls increasingly worry about what they look like rather than what they achieve, she’s a fitting role model. This is a quiet female takeover. Just don’t mention the F-word.
In opposition to this, it may simply be varying priorities which set Theresa May apart. May does not fit the typical mould of ‘feminism’, however she has supported some movements which have given women more opportunities in the workplace. Movements such as ‘Women2Win’ established by May have helped dozens of women become MPs and she has championed legislation in respect of violence against women. Feminism is not inherently left wing or right wing; the end goal is the same. Opponents counter that May’s success in her career is one of self-interest and these movements mentioned simply benefit women who are in a similar position to herself- upper class career women.
The inspiration of Zoe’s World was founded in a song of the same name. The lyric centres around a blind girl, who, due to her lack of sight, pictures a world void of social prejudices. Danbertrands wanted to draw upon the topic of a world without prejudices by creating an LSBU Society which collaborates with the Student Law Society, the Law Division and other departments at LSBU to increase awareness of diversity and integration as well as orchestrating opportunities with the aim of bridging the gap between students and employers.
REFERENCES Hinsliff, G. (2012) ‘Tory feminists: the true blue sisterhood’, The Guardian, 08 January. Available at https://www.theguardian.com/politics/2012/ jan/08/tory-women-mps-new-feminism (Accessed 05 June 2017). Livingston, E. (2016) ‘Don’t confuse the Conservatives’ embrace of female leaders with feminism’, The Guardian, 08 July. Available at https://www.theguardian.com/ commentisfree/2016/jul/08/conservatives-femaleleaders-feminism-margaret-thatcher-theresamay-andrea-leadsom (Accessed 05 June 2017). SANGHANI, R. (2016) ‘Is Theresa May Britain’s most feminist Prime Minister ever?’, The Telegraph, 13 July. Available at http:// www.telegraph.co.uk/women/politics/ is-theresa-may-the-most-feminist-primeminister-ever/ (Accessed 05 June 2017).
The face of women of the future or Thatcher 2.0? What are your thoughts? Do you believe representation alone is enough? Is it making a significant difference to women? Whose interests are at the heart of Government – self, party, or women?
KATRYIA ROSS AND DANBERTRANDS CHI NDIKUM
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AN INTERVIEW WITH LOUISE CRILLY I had the fantastic opportunity to work with Louise Crilly, who is head of employment and all legal relations within the Police Service of Northern Ireland. Louise is a seriously accomplished lawyer with a mass of experience under her belt. Louise organised Obama’s security detail for the G8 summit and deals with classified information regarding national security every day. She took some time out of her incredibly busy schedule to speak to me about her experience as a law student and her legal career.
me. That took the academic learning I undertook in my degree to a much more practical level. I still hadn’t decided whether I wanted to be prosecution, defence or litigator. I did know that somewhere in the law profession was the right path for me. M: You went to a Catholic grammar school in Northern Ireland and you now work for the PSNI which is a stereotypically protestant organisation. Given the history between Catholics and protestants in Northern Ireland, have you come across any setbacks? Has the sectarianism ever affected you directly?
Max: Hi Louise, how are you? Louise: I’m good thanks, very busy but good.
L: Certainly when I started working for the PSNI 10 years ago, being a woman and being from a Catholic background, I didn’t have the typical profile of somebody who worked for the police service. However, I have to say, they seemed to welcome that. They seemed to welcome the diverse views that I was going to bring. Part of that is down to them and part of it is down to me and my personality. It’s not the sort of place to work if you’re going to be a ‘yes man’ or somebody who is going to agree with everything they do and everything that takes place. Part of what I have to do is challenge people and decisions. My degree and my personal experiences certainly have helped with that. I am definitely encouraged to challenge what I can and there are plenty of opportunities to challenge. In regards to experiencing any setbacks, I was exposed to a culture that I hadn’t been part of growing up. So it was a learning experience for me in that way.I wouldn’t say it was a setback but it certainly broadened my horizons in terms of people who I wouldn’t have come across while I was growing up.
M: Well thanks for taking the time to meet with me. You are currently the head of legal at the PSNI and the employment lawyer for the chief constable of the PSNI, how long have you been doing that job for? L: That’s correct, yes, for 10 years now. M: How did you end up working for the PSNI? L: Before I began working for the PSNI I was a public sector lawyer for Stormont Government. I did employment law there for the eleven departments in Northern Ireland. Through this, I was then given the opportunity to work explicitly for the chief constable of the PSNI and of course I took it. M: Fantastic. Where did you do your law degree? L: I studied at Queen’s University in Belfast Northern Ireland. M: Did you enjoy your studies? L: Well, there was parts of it that were quite dry and disconnected to what I assumed and now know the job to be like. However, I did enjoy the overall experience of a law degree and of university. I enjoyed most aspects of the law and I certainly enjoyed what became lifelong friendships with other lawyers who I still know and practise with.
M: So would I be right in saying that you think there has been a lot of progression in regards to sectarianism in Northern Ireland? L: Definitely. Looking back at when I started with the PSNI 10 years ago and looking at the PSNI now, sectarianism is definitely no longer the difficulty now that it was back then. I think they struggle now with gender inequality, which is just as important. Even that gives me heart, that Northern Ireland has moved on to the same problems as the rest of the UK, which is the alarmingly low number of females in senior positions as opposed to the religious divides we had before. There are still gender issues to be addressed. I am one of a few very senior females in PSNI, there are only one or two of us so I think we have a real responsibility to be heard.
M: What did you come out of your degree with? L: I came out with a First. M: What did you do when you finished your studies, what career path did you take? L: Well, I had done law with French for my initial degree and I realised within the last two years of my degree that I wanted to work in law only and didn’t want it to be diluted by anything else. I knew I wanted to be a lawyer and I knew I wanted to stay in Northern Ireland. I attended post graduate college in Queen’s, which is the Institute of Professional Legal Services. The course was known as IPLS, Northern Ireland’s version of the LPC. This was a further two years of study and that’s when I really decided that the law was for
M: How is it working so closely with the chief constable? Is it difficult to be an adviser to somebody in such a high position? L: It’s brilliant. As a lawyer I don’t think there’s any greater job you can have than one where you work
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so closely with your client. That’s the only way you’re going to be able to get to know their instructions and how to advise them fully. When I worked in Stormont previously, there was a divide. Papers would arrive in an envelope and I would advise, sign them and send them back in regards to my client. This is a much closer relationship. It takes you much more beyond the point of a strict lawyer and you become more of an adviser in all sorts of ways.
less than successful. In my early career whenever I was doing litigation I used to take great pride in settlements against police and hospitals who had caused young children to suffer from lifelong conditions because of how they had been treated. One case in particular sticks in mind where a young boy’s life was massively changed because of how he had been treated as an infant in hospital. I managed to secure a lifestyle for him and for his parents that would see him live to at least into his 30s and 40s with some comfort. Although my biggest achievement was probably one that wasn’t strictly legal. It was the removal of an officer from the PSNI who was a real danger to the public. It’s very difficult to remove an officer legally. It was the first time in my career that I gave advice that, if we fell foul of the law that was a small price to pay, in order to remove what was an undoubtedly real threat to the public. My legal skills were still used in the sense that I had obtained evidence against him, I minimised the potential damage and legal challenges against the PSNI. Getting rid of that threat and that officer was in my opinion, the most successful thing I have ever done.
M: Working with you in the summer I discovered the fact that you possess a very high level of security clearance and deal with classified information on a daily basis. Is it challenging having that level of responsibility? L: I have made my career with the PSNI and you get to a point where you want to help them at all levels possible. Even with the progression I have spoken on, it is still Northern Ireland, this is still the police, there are still certain regulations that have to be put in place which are usually matters of national security. To be able to deal with national security is a privilege but also a responsibility. M: Does having knowledge of that classified information change the way you live your life? Or how you advise your children on how to live theirs?
M: Lastly, what advice would you give to current first year law students? L: Not to look too far ahead, your career tends to map itself out post degree. Enjoy your degree for what it is and keep an open mind. Friends and family of mine did law at university and went on to use it in different careers very successfully. The degree gives you a great amount of skill no matter what path you decide to take afterwards. It gives you an analytical mind, it gives you a mind based on fact as opposed to opinion, it broadens your acceptance of different types of people and it should instil in you a real sense of justice. I would also say to keep in mind as you progress through your first, second and third year that your choices and taste will change and what you do will change. Embrace that. This is a degree as opposed to reality and there is that final leap to be made at the end, but take the time to equip yourself with the life skills, with the intellect and with the approach to life that can never be taken away from you.
L: It is unfortunate that part of my job entails me checking my car every morning for a bomb, checking my husband’s car every morning and changing my route to work. However, it’s a small price to pay for what I hope is a significant difference that we’re making. M: Speaking of security, you worked at the G8 summit when it came to Northern Ireland, can you speak on that? L: Yes, definitely. I was responsible for all the security and arrangements put in place for all the world leaders that attended and all their partners. It was a brilliant opportunity; it was a truly once in a life time experience to work on Obama’s security detail. Everything from his bodyguard arrangements, securing the land and dealing with all matters that would arise in that room and how it would be dealt with from a security perspective. M: What do you think has been your biggest challenge regarding your legal career?
M: Thanks Louise, as usual it has been a pleasure. L: Any time, Maxine, and all the best with your studies.
L: There have been a few of them. Some of them have been successful and some of them have been
MAXINE CAULFIELD
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COMMERCIAL AWARENESS: AN IMPORTANT SKILL FOR THE LEGAL PROFESSION A very good grade at the end of a law course has been regarded as a prerequisite towards getting a good job in the legal profession. While this is undoubtedly true, recent developments in the labour market have been pointing to the fact that a 2.1 or first class degree, as good as it may be, is just a means to an end but not an end itself 1. Aside from having a good grade, employers are nowadays giving preference to skills and competencies that are very relevant to the legal profession. These skills include communication skills, analytical skills, research skills, problemsolving skills, interpersonal skills, technical skills and commercial awareness. The competencies also include creativity, enthusiasm and determination2. The list of important skills and competencies required by employers are numerous, but this article aims to focus on commercial awareness3. Commercial awareness is an essential skill that is in high demand by many employers in the legal profession as indicated by Nick Young, Sue Jenkins and their team during the DAC Beachcroft careers event in October. Many of us are still ignorant of what the skill entails. This article seeks to unravel the questions that many of us have been asking:What is commercial awareness? Why is commercial awareness important to us as law students? How can we have commercial awareness?
WHAT IS COMMERCIAL AWARENESS? Commercial awareness also known as commercial or business acumen, could be described as having an understanding of clients, their businesses and their needs, and adopting strategies that will assist the clients in meeting those needs4. It is a strategy for winning new clients and for retaining existing ones. Clients in this context could be public organisations, corporate bodies, small businesses and high net-worth individuals.
WHAT DOES COMMERCIAL AWARENESS INVOLVE? Firstly, commercial awareness revolves around the knowledge of clients’ products and their services, their competitors, their business strategies, financial performance, share price movement, problems facing the industry or sector in which the clients are operating. In addition, it is about having an interest in business and understanding the environment in which they operate5.
Secondly, commercial awareness knowledge can be gained by understanding PESTEL analysis. This is a business tool that is being used to analyse the impact of macroeconomic factors that affect businesses, including: P: Political factors: such as changes in government and its policies, foreign trade policy, labour policy, trade restriction and relationship with the outside world. E: Economic factors: tax rates, exchange rates, inflation rates, interest rates, unemployment level and government spending are important indicators of economic performance that businesses need to closely monitor. When a Finance Act is passed by Parliament, lawyers analyse it and assess the impact on the clients’ businesses and their own organisation. S: Social and cultural factors: this includes people’s belief and attitudes, population growth and age distribution. T: Technological factors - this involves technological changes that affect new ways of producing and distributing goods and services and new ways of communicating with the target markets. E: Environmental factors - this area concerns issues like pollution, global warming, climate change and ecological factors. L: Legal: this concerns the legal and regulatory factors that affect clients’ businesses. Each of these factors will have to be looked at and their impact on clients’ businesses will have to be analysed. Thirdly, risk management strategy is also an important part of commercial awareness. This involve understanding and identifying risks that clients’ businesses are facing or could be facing. The impacts of such risks on the clients’ businesses will have to be analysed as well as the likelihood of their occurrence. Then think of how such risks could be mitigated or eliminated. Fourthly, knowledge of SWOT analysis is also important as part of commercial awareness. Identify the strengths, weaknesses, opportunities and threats that clients are facing or that are open to them. Knowledge of these will enable lawyers to offer timely and appropriate advice.
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Work experience – we should reflect on the knowledge and experience that we have gained in our previous job roles like customer service, business development, relationship management and marketing.
IMPORTANCE OF COMMERCIAL AWARENESS Law firms are in the profession of offering legal services to their clients. Many of these clients operate in highly competitive, volatile and dynamic sectors of the economy where things are changing rapidly. The impact of these changes to our clients could result in loss of valuable customers; loss of profitable businesses; reduction in profits; incurring losses; diminution in value of assets or increasing liabilities. The aggressiveness and competitive nature of our clients’ businesses requires that they will have zero tolerance for error, efficient and effective service delivery, high level of customer satisfaction, value for money and personalised services6.
All past work experience is invaluable, whether in care work, security work, as bar staff, customer assistant in places like Argos, Asda, Tesco or Sainsbury. Whatever the job involves, we should think of the competitors that the companies have, issues facing the sector, how management of such organisations react to news affecting their business, how strategies are formulated, how businesses analyse SWOT, how PESTEL affects the business, what risks the businesses are facing. Part-time work or voluntary roles – for those who do not have any work experience, we can take up part-time work or voluntary role in areas of businesses outside law profession. Do visit the Employability Service in the Student Life Centre for details of part time jobs.
Commercial awareness knowledge will enable lawyers to be able to offer quality advice on issues that concern the clients’ motivations, goals and constraints. This advice will thereafter transform into cost-savings through efficiency, new business generation for the clients and increase in their profit level. When our clients’ businesses are growing, our firm will grow with them, their level of loyalty to us will increase and they will not switch over to our competitors. Therefore, we need to keep them satisfied.
Radio and TV programmes – we should cultivate the habit of viewing and listening to businessrelated and business review programmes on TV and radio, such as The Dragon’s Den and The Apprentice, business and money section of the BBC website, CNN, Bloomberg8.
HOW TO DEVELOP COMMERCIAL AWARENESS
Newspapers and magazines – we need to be reading business pages of newspapers like The Guardian, The Times, The Independent, and Financial Times. Also, we need to read business magazines and professional magazines. These can be accessed via the library website.
It is appropriate to understand business, its market and various sectors. We must know how business works. Understanding of the four key areas that commercial awareness involves stated above is very important. This is a skill that will be developed over time. It has to be built gradually by taking the following steps:
Websites – visit websites of top management and consulting firms such as KPMG, Deloitte, Price Waterhouse, McKinsey & Company. This is just to mention a few.
Start your own business – as a student, we can start a small business in order to develop our entrepreneur potentials. The business areas can be retail, e-commerce (online buying and selling), importing, exporting and professional services. From this point, we can learn what it entails to be an entrepreneur and understand why some businesses are growing or why some are falling. We will understand how the four key areas of commercial awareness operate in practice. This can be a good starting point to gain commercial awareness 7. Don’t forget the help that is available within the University from Student Enterprise. Not for nothing are we the Entrepreneurial University of the Year!
Library – this is a very valuable resource centre that contains various magazines, professional journals, newspapers and textbooks (including books about business) that are available for free. Attend business meetings and events – attending seminars, workshops, business meetings and events where commercial awareness can be developed. Knowledge of new development issues and business ideas will be gained.
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REFERENCES 1. Chambers and Partners (2016) Law firms’
preferred universities. Available at: http:// www.chambersstudent.co.uk/where-tostart/newsletter/law-firms-preferreduniversities (Accessed: 4 November 2016).
you applied to and familiarise yourself with their website.
2. Identify the core business sector(s) the firm is
serving. If possible, know some of the firm’s clients and do some background checks on such clients. This will involve checking their websites, read news on them, check their financial accounts, know the risks that their industry is facing and know the factors that are affecting their industries or sectors, using PESTEL analysis.
2. TARGETjobs (2012) What skills do law
firms look for when recruiting graduates for trainee solicitor jobs? Available at: https://targetjobs.co.uk/career-sectors/ law-solicitors/advice/291203-whatskills-do-law-firms-look-for-whenrecruiting-graduates-for-trainee (Accessed: 4 November 2016).
3. Have a knowledge of their strengths,
3. Hawkins, L.A. (2014) Wisconsin lawyer:
Career an insider’s perspective: What legal employers look for in new hires. Available at: http://www.wisbar.org/newspublications/ wisconsinlawyer/pages/article. aspx?Volume=87&Issue=3&ArticleID=11419 (Accessed: 4 November 2016).
The role of law organisations in the success of their clients’ businesses cannot be over-emphasised. An organisation that cannot assess the needs of their clients and be able to meet and surpass those needs may struggle for survival in this dynamic and highly competitive business era. This is why law graduates’ employers are recruiting people that are well equipped with relevant skills that could enhance the growth of their law business. Knowledge of commercial awareness is essential to be successful in a legal profession. A person with this knowledge will be able to talk about real life scenarios that he or she has been involved in and observed, able to construct a narrative argument about why a business or sector is expanding, contracting or changing. This all helps to increase performance at work.
4. Harris, P. (2016) What is commercial awareness? Available at: http:// www.allaboutlaw.co.uk/lawcareers/commercial-awareness/ what-is-commercial-awareness (Accessed: 4 November 2016).
5. Clark, A. (2015) Get the commercial
awareness that you need! Available at: https://blogs.city.ac.uk/careers/2015/11/02/ get-the-commercial-awareness-thatyou-need (Accessed: 4 November 2016).
ENITAN OLUYEMO SECOND YEAR LAW STUDENT
6. TARGETjobs 7. TARGETjobs 8. Woodcock, B. (no date) Commercial
awareness. Available at: https://www.kent. ac.uk/careers/sk/commercialawareness. htm (Accessed: 4 November 2016).
Skills You Need Ltd (no date) Developing Commercial Awareness. Available at: http://www.skillsyouneed.com/ general/commercial-awareness.html (Accessed: 4 November 2016).
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THAT WILL GET YOU HITCHED _ VOLUME 0.1 _OUR BRAIN NEEDS A BREATHER One thing that I can confidently tell you about myself in first year, without hesitation, is that the thought of participating in law as a graduate course, as a career choice, was intimidating in itself. I did not know what law was before I started the course; did not know what type of work really went behind the trail besides the gimmick ‘lawyerisms’ of Netflix series. Law seemed like something that was far away – out of reach – because it was unknown and foreign. Many of the students that I met during my first year already knew what they wanted to be, and what they sought to make of their degree while I, pitifully, sat and waited for the day I would – out of nowhere – have an idea of what I wanted to do when I finished university. I realise now that although there may be many students out there that know what they want to do with their chosen subject, there are many like my younger self who do not have a clue as to what they would like to pursue once university life ceases to exist.
CAN YOU CLARIFY TO YOURSELF WHAT IT IS YOU ARE FEELING? APPLICATION. By being able to look at it in
an objective way – as if the concern you feel was somebody else’s issue as opposed to yours – what kind of advice would you give them? A lot of times we find that we can easily give great advice to others, but struggle when we ourselves are in need of a solution to a problem. By being able to view the issue as an outsider, you can attempt to advise yourself as you would a close friend or relative. And, last but not least, SOLUTION. You need to determine what you need to do in order to get into the head space of an undergraduate student. What can you do to move forward? It may seem like a straight forward thing, but when it comes down to it we all struggle in finding a conclusive, clear-cut end to our problem. Maybe then, it may be a good idea to seek for help by confiding in lecturers or student mentors. If it is beyond something lecturers or student mentors can help you with, there are specific people that they can point you to such as the Career Gym in the Student Life Centre , to get the best possible advice and guidance you need. Develop an IDEAS approach to start your journey; allow it to help you during that journey and let it guide you after the journey of undergraduate university life to ease you into your next trip.
Forward two years to now, I have a better idea of what I want to do after I complete my degree by going to corporate workshops and event fairs to seek graduate jobs within the business sector. It may seem like a quite a jump to many, but taking the time to really zone out of every day routine really helps an individual unpick their mind and thoughts one by one to make sense of it. I would like to offer students one important tip in respect of achieving closure, or more specifically, a direction on how to feel more confident about the amazing course that we have chosen to study.
That is what is saving me in the coming year ahead, where I have to look beyond my undergraduate law degree and work towards a professional life in a field I now love, and that is what will hopefully help many of you!
YOUR BRAIN NEEDS A BREATHER
Yours Sincerely,
Take a few minutes out of the day to problem solve some of the stresses you carry with you, on your shoulders, every day. Sit somewhere quiet or even look to music to soothe you in order to space out and pick out some issues you worry about. Once you IDENTIFY your worry, DEFINE it. You need to be able to state what your worry is, whether your concern rests with a specific module you are dealing with or a conflict as to what you want to do in life. This will help you in your next stage: EXPLAIN.
AMINATA BARRIE, THIRD YEAR LLB
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Identify Define Explain Application Solution
weaknesses, opportunities and threats.
Identify Define Explain Application Solution
TIPS FOR COMMERCIAL AWARENESS INTERVIEW QUESTIONS 1. Go to the website of the organisation that
LIFE AT LSBU A PERSONAL VIEW, WRITTEN HALF WAY THROUGH SEMESTER 1, FROM 1ST YEAR LLB STUDENT. Sheer excitement is my first memory. Proud of moi for taking a bold step to study LLB Law and making it happen. After my decision, the necessary steps required were challenging but every achieved stage and getting closer to Uni was a cheered with a #dab, I love dancing. Out of all the Universities I checked out, London South Bank University was the warmest and most welcoming, that was a major plus for me. I’m very impressed with the Law Division and I am proud to be part of their history. Previously to this I studied different subjects from Performing Arts, Computer Studies, Music Theory to Medieval African History Studies. Human rights, has always been an interested subject for me, including the systems of the land, the Laws, law makers that govern it, the people and histories of how they came to be. I love discussing daily politics of life and debating difficult subject matters, while coming up with solutions that would better serve humanity as we continue to evolve.
ALL ABOUT THAT LLB LIFE What an interesting journey it has been so far, learning new things every day. The reading is immense lol but the desire to do my best is greater so I’m pushing through. I must say the Law Division team have done a fab job with all the booklets and information they have given us. Everything we need to know is there. Attending induction was pivotal for me and I can’t see how I would have survived if I didn’t attend. All the lecturers have been extremely helpful and taken time out to answer our queries as we eagerly queue up after each lecture. Props to Alan Birbeck who was always coming around with boxes upon boxes of material for all the classes, super organised, making sure everyone received all materials, asking who wasn’t around to let him know and they were sorted. Very interesting topics and questions in lectures from fellow students. Also, enjoyable to view the keenness of fellow students hungry to learn and hearing their knowledge on the law is interesting.
THE TOOLS WE’VE BEEN GIVEN The iPad’s, fab idea! And in with the times. The Moodle site, an absolute gem and a great way for lecturers to update and keep in touch
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with us. Everything related to our courses are there, readily available for us to access, refer to when needed in the comfort of our homes and wherever we are. Included are oral presentations, I listened to one on Public Law by Dr Michael Rodney while in the kitchen, cooking & learning at the same time, I quite enjoyed listening to the presentation. The moodle site is user friendly and easy to switch to student emails, more communication so we’re always in the loop of what’s happening and so on. Our lectures are very IT savvy which is great. Law Trove, just wow it’s awesome, what a super cool way to access the range of text books with all editions needed for our studies, round of applause for this tool and another one Westlaw to access cases. If we had to sit in libraries for hours on end looking for these materials in huge books, probably written in the 18th century trying to figure it out would have been a nightmare and so much harder, considering what we have in place, I can’t comprehend the former. Kudos to our lecturers for making our lives a little bit easier, thank you.
MEETING MY STUDENTS I’ve met some sweet individuals. Big up Seminar Group 4 whoop whoop and our Tutor Kim Silver, lovely lady. We have a WhatsApp group kindly set up by Max (well done x), anytime we’re unsure of anything, we send a text and someone always helps. Of course, we have a bit of banter too, all around good stuff. Shout out to Kwaku, Ayne, Shahrivan, Zahra, Catelyn and some of the year 2 students they’ve been so helpful. Sorry can’t remember names but we know your kind faces.
MOOTING, “TO MOOT OR NOT TO MOOT” -Paul Wynell-Sutherland (I quite like that quote) I attended the meeting we had with Barrister Simon Walsh, it was a good event. I can’t wait to have a go. I can imagine I will probably sweat as one would do lol but hopefully will live to tell the tale. It will be interesting to envision how it will be in the future and hopefully get the words out, funny things happen to us humans when we’re nervous but we must be brave. Lots of encouragement so far, so full steam ahead.
LUNCH, TEA BREAKS AND THE BUILDING The food is very yummy, I’ve had a few dishes and I can’t complain but the prices though lol, slightly peak for students. Lots of treats to keep us going and the good ol Americano coffee, it has truly got me through some challenging times of assimilating information (ah… if only the current affairs reflect the warm feeling from that coffee, ok probably a bit political so we let that one be, peace be onto humanity). Distances between the buildings are short, convenient when we need to hit the library or LRC to do some work after lunch. Getting to the classes initially reminded me of cell block H, lol, my mum loved that drama series, from Australia I believe. After a few weeks, I’m very comfortable with finding where I need to be. My favourite building, The Keyworth Building, but of course, it looks fab. When we took a tour of the Uni, I remember the staff showing us the shops set up by the two students who won a competition I think, please don’t quote me but they got the opportunity to show case their ideas and share it with the local community. That was impressive. I also like the fact that London South Bank give their students the opportunity to work at the University and gain experience, how kool is that. Finally, the Law division have their and our own Legal Advice Clinic, open to the public for free, wow! All about helping people and serving the community another major plus. I am enjoying my time here so far and delighted to write about and share. May I take this opportunity to thank you to all who have contributed to this journey. I hope the read is delightful and my humour came through the writing.
“BECOME WHAT YOU WANT TO BE” - LSBU And Keep Glowing
CLEOPATRA KAMALE
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ALTERNATIVE DISPUTE RESOLUTION IN THE NIGERIAN LEGAL SYSTEM
CLINICAL LEGAL EDUCATION: QUALITY AND SUPERVISION
Alternative Dispute Resolution (ADR) is the process whereby parties resolve disputes without going to court. ADR helps in most cases to save time, money and most often leads to speedy settlement and improves relationship between parties. This article is about how ADR is being used in the Nigerian legal system to resolve both commercial and non- commercial disputes.
In November last year, London South Bank University held a conference, attended by over 80 delegates, organised in partnership with Northumbria University to explore the aims of supervision and the role of the supervisor in University Law Clinics.
case going to trial. The Multi-Door Courthouse (MDC) acts as the centre for ADR and is independently run by the professional body, the Chartered Institute of Arbitrators but is attached or connected to a high court. The MDC offers different mechanisms, or doors, for resolving disputes in respect of cases that may or may not be already within the court system. Following the successful usage of ADR in some prominent cases, a state governor, a former lawyer advocated for the use of ADR in political conflicts especially with election disputes. Nysome Wike of River State stated “The Chartered Institute of Arbitration can play a role in the introduction of ADR to election disputes. It will reduce bickering, it will reduce cost and time spent at tribunal, Court of Appeal and the Supreme Court. In other words, there will be more time for governance”.
In the Nigerian pre-colonial era, traditionally disputes were settled by elders or the traditional ruler in the community. The general assumption is that the older person is right even though at the end of the day, they would be advised to make peace with the younger party so that peace may be achieved in the community. The decision by the elders or traditional ruler is binding on both parties. With the advent of the missionaries and the colonisation of Nigeria, courts were set up to settle disputes based on the English legal system. Interpreters were employed to help in the court and aid the court officials. This led to injustice because most of the interpreters were corrupt thereby perverting the course of justice. Over the intervening years caseloads increased and more often than not people were being thrown into prison without trial as the judges struggle to catch up on cases in their dockets.
A legal practitioner in Lagos, Jide Ogundimu, the Senior Partner of Jide Ogundimu & Co Solicitors suggested that “competent lawyers in all the state of the federation tend to use ADR before resorting to court action, though there is a minority who would rather use the court process because they believe that their income will be affected. The more a case lingers in court, the better it is for the antiADR lawyer because they get paid for the member of appearance that they make in court, while some others are against ADR because they need to fulfil the necessary requirement to apply for the rank of Senior Advocate of Nigeria which is equivalent to the Queens Counsel”. On the other side of divide are the magistrates and judges that handle the court. They are all mostly in support of ADR, because it helps to reduce the work load in their dockets and has aided in resolving dispute faster. The Chief Magistrate of Lagos state, Oluwatoyin Gwendolyn Oghre recently stated that “ADR has become inevitable in the interaction in our today’s way of lives in dispute resolution. There is need to explore way and means of amicably resolving dispute when they arise, if ADR is well harnessed; it promises to be a reliable toolbox for peace, building better labour management, relationship and bringing prosperity in our society”.
Even today, according to a recent report by the British Council in Nigeria, it takes an average of 583 days to conclude a commercial case in a Lagos court, the commercial capital. See www. britishcouncil.org/voices-magazine/how-lagosjudges-are-now-resolving-disputes-more-quickly . Litigation has been the main means of settling disputes commercially or otherwise. As the Nigerian market became more competitive there was need for a quicker way of resolving commercial dispute. This led the courts to focus on alternative ways, with a greater awareness of the advantages of ADR it became the natural way to go. Nigeria became a signatory to the New York Convention on 17 March 1970, legislation was passed in 1998 (Arbitration and Conciliation Act 1988) and this was based on the United Nations Commission on International Trade Law (UNCITRAL). There are various forms of ADR in operation in Nigeria: mediation, negotiated settlement, arbitration, conciliation and neutral evaluation. Some of the states have also introduced the Court Civil Procedure Rules which require the disputing parties to attempt to resolve the dispute using ADR. This is actually a Pre-trial Conference which enables issues to be sorted out with the judge providing direction on the case without the
With the fast-changing world, Nigeria judiciary has seen ADR as one of the important tools for settling disputes especially in the areas such as oil and gas, and telecommunications. Nigeria today is the Regional Centre for International Commercial Arbitration which comprises of 47 nations. Following, the implementation of ADR across some states in Nigeria, the issue of delay and cost is slowly becoming a thing of the past.
JOY JOHNSON-BABATUNDE SECOND YEAR LLB STUDENT
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legal aid cuts. I get to experience the fulfilment in knowing I heard a client’s concern, I gave a voice to the voiceless and I provided them a way to access justice, all of this being the very reason I chose a law degree. Others have agreed that this sense of justice can become addictive, resulting in working harder and having a sense of achievement.
The best contributions came from the students who were all, without exception, outstanding. The conference started as it meant to go on with a role play of a supervision session: students from Northumbria University presented their supervisor with a particularly thorny ethical scenario. The supervisor was himself supervised by an eagle-eyed group of colleagues – and indeed the whole audience.
The Advice Clinic is a safe place where our concerns are heard and met with the respect of our supervisors. In a professional setting if I had a concern I could be disregarded or even face criticism from an employer, but the Clinic gives the space to voice these concerns.
Two of our LLM students, studying the Legal Advice Clinical module, gave a superb talk about the LSBU clinic’s style of close supervision, where the student to supervisor ratio is two students to one supervisor (see article below from Sophia Khan, one of the students who spoke at the conference.)
Before I had participated in the Advice Clinic I had little experience of the legal skills crucially needed to help me practise law. I had the academic knowledge but Clinic has taught me how to apply this knowledge to real life clients dealing with real complicated situations. I have learnt skills like how to properly interview clients and to think on my feet quickly.
Other contributors were university students from Kent, Strathclyde, where the ratio of students to supervisors is 50:1, Manchester and Norwegian student-led Juss-Buss, whose only supervisors are fellow students.
I have also learnt client care skills and how to act in the best interests of a client, knowing when the area of law is beyond your understanding and refer it to a charity or a local solicitor who form the legal advice network.
The conference was judged to be a singular success; in the words of one of the delegates “it was the most valuable and informative conference I have ever attended!”
I have learnt skills such as confidence and the ability to write concisely and these have been transferable skills that have helped me in my academic performance in my degree. The knowledge learnt at Clinic has also helped me to understand the ideas and concepts discussed in lectures and seminars. Within one session at the Clinic I dealt with a client who was going to court, I learnt about directions hearings and had to relay this to the client. I had never dealt with this before, but two weeks after, our lecture talked about directions hearings, having the experience from Clinic meant I could understand this and further extend my knowledge, and without Clinic I would have had no knowledge of this.
CATHERINE EVANS SENIOR LECTURER
WHY DO I DO CLINIC? Law students know how valuable it is to gain legal work experience. It can often be the definitive influence in determining your end career. But is that work experience fulfilling enough to get you to wake up at 6am every day, when you seem to just be making tea and photocopying and you have no client interaction?
Fundamentally I volunteer at the Law Clinic because I enjoy helping people. There is a high feel of satisfaction knowing that I am providing a legal advice service to the local community.
I wanted to have an impact on the community that’s why I signed up to be a volunteer at the Legal Advice Clinic at London South Bank University. The innovation of the Legal Advice Clinic is not only in helping the local community to solve very real legal issues, but also in playing a key part in shaping the skills of the future lawyers/ advisors who assist in the running of the centre.
SOPHIA KHAN LLM STUDENT
Being based in the heart of South London, I truly get to be a part of a team that helps the very community that is around us. As a volunteer in the clinic I get to help the people affected by the
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INSPIRED BY LAW INSPIRING LAWYERS AND LEGAL CAMPAIGNERS
The 2016-17 Inspired by Law ceremony was held in February. The Inspiring Lawyers were nominated by students and chosen for their contribution to human rights, social justice and the rule of law. This year’s lawyers were: They have all advanced social justice, human rights and the rule of law in many different fields. Some of them work in the UK, and others in dangerous parts of the world. Several have run great risks and put themselves and their families in danger. All have been inspired themselves by the power of the law to protect the powerless. Student nominators from the 2015 and 2016 ceremonies spoke warmly of Inspired by Law. ‘
ALASTAIR LOGAN
SEEING AND HEARING FROM SUCH INSPIRING LAWYERS HAS OPENED MY EYES TO THE TRUE GOOD WE CAN ACHIEVE WORKING IN THE LAW. IT HAS ONCE AND FOR ALL DISPELLED ANY IDEA THAT LAWYERS ARE ALL AMORAL AND DULL!’ “Being a mature student and hailing from a working class background, I had laboured under the misapprehension that a legal education and subsequent career was beyond what I could hope to achieve. But after attended last year’s event and during the preparation for this year, I came across many people who have struggled in the face of extreme adversity to achieve what at first had seemed impossible. This has inspired me to carry on in my quest to become a legal professional despite the obstacles in my way.”
nominated by Alexandra Varga, LLB Graduate 2016, Alastair Logan is most famous as one of the solicitors acting for the ‘Guildford Four’ who were accused and wrongly convicted of IRA attacks that involved the bombing of two Guildford public houses in 1974 leading to a number of deaths. After their arrest, all four defendants were coerced into falsely confessing to the bombings under intense brutality by the police.
ALICE NKOM
ALBIE SACHS
nominated by Christine Acaye, LLB Year 2
nominated by Ayorinde Victor Ongungbe, President of the LSBU Law Society
Alice Nkom was the first Cameroonian woman to be called to the Bar in in 1969, an achievement in itself. She is a lawyer putting her life on the line for others in Africa. It is clear she has the courage to stand up and speak out for LGBT minorities in spite of the difficulties she has faced.
In 1988 a bomb was planted by the South African Security Services under his car which led to serious life changing injuries. It was a focal point for Sachs who, in spite of his physical disabilities, continued to seize his life’s opportunities. His experience of working with unjust laws inspired him to become one of the first Justices of the Constitutional Court of South Africa following the ending of apartheid.
GARETH PEIRCE THURGOOD MARSHALL nominated by Abdul Aziz, PGDL/CPE Graduate and presented by Austin Young, 1st year LLB Thurgood Marshall stands alongside Martin Luther King Jr. and Malcolm X as one of the most important figures in the American Civil Rights Movement. He inspires lawyers and legal campaigners to develop their careers to rise to the challenges associated with the pursuit of the rule of law and social justice.
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nominated by Claire Hood, PGDL/CPE Graduate 2016
LINDA WEIL-CURIEL
Gareth Peirce is completely dedicated to her clients regardless of the allegations they face. She is a public figure who only enters the limelight to stand up for people’s rights. She is modest to a fault - she has shunned the limelight despite her high profile cases and her portrayal in the Oscarnominated film In the Name of the Father.
nominated by Joy Johnson-Babatunde, LLB Year 2 Linda Weil-Curiel through her work has successfully campaigned and brought to the fore the issue of FGM, as well as helping to prosecute those caught. This has led the French government to implement effective measures to stop FGM and has encouraged other countries to follow them.
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LSBU STUDENTS OUT AND ABOUT There are a wealth of opportunities for on offer from both the Law Division and the Student Law Society, as you can see from reading this issue of ‘The Devil’s Advocate’. But LSBU law students don’t stop there. Sharp-eyed students monitor the news forum on the Law Hub (the Law Division’s information pages on Moodle) and when an external opportunity arises, they take it! Here are a couple of short accounts.
Rasheed, Foreign and Commonwealth Office; Guglielmo Verdirame, KCL and 20 Essex Street Chambers. The event was convened by Professor Robert McCorquodale. Debrah said “Although I was the only first year student in the room while the others were either barristers, solicitors, Masters students, PHD or on a pupillage course. I felt that I learnt a great deal and engaged well with the talks”.
Sanjay Pahal LLB from year 2 spotted an employability opportunity at a large City firm of solicitors.
DAC BEACHCROFT DAC Beachcroft are a city law firm with offices around the world. One of their partners, Nick Young (above), is an LSBU Law alumni. Given the diversity of their clients they are keen to broaden the diversity of their trainee intake (without diluting quality). So they agreed to work with us to encourage and support our final year students to apply for their summer internship programme. DAC’s normal procedure is similar to that of other firms. Students apply online for DAC’s summer internship programme. The best online applicants are invited to attend an assessment centre. The assessment centre comprises different activities including a written exercise, interview, and group activities. Applicants are also assessed throughout the process in relation to their social and communication skills as they interact with DAC staff and fellow applicants. Applicants who are successful at the Assessment Centre are invited to take part in a summer internship programme. DAC recruit around a third of their Trainee Solicitors from their internship programme. The remainder are recruited from paralegal staff already working for the firm. As this recruitment process is quite common for large law firms, the Law Division wanted students to understand what it entails and feels like so they can feel confident in applying for jobs that recruit in this way. DAC Beachcroft gave a talk about their recruitment process which involved participation in an assessment centre day
in October. They demonstrated the process using their current trainees, who had to decide, as a group, which would be the most important items to keep if the group were survivors of a plane crash in a desert. Final year students were then invited to enter a competition, in which they had 48 hours to complete a DAC Beachcroft Training Contract Assessment Centre written exercise. The ten students who submitted the best entries won an Assessment Centre Training Day with DAC Beachcroft in December. In itself, this was a valuable opportunity to find out what an assessment centre actually feels like. But the final prize was even better. DAC Beachcroft reserved one place on their Summer Internship 2017 programme especially for this project. The best performing LSBU student at the training day and two students selected nationally by the Social Mobility Foundation will be entered into a final selection pool. The best candidate will be selected by DAC Beachcroft for the reserved place on their Summer Internship 2017. In addition, all LSBU final year students were encouraged to apply for the DAC Beachcroft Summer Internship 2017 via the main application route.
“There was a panel of speakers talking about their individual journeys to becoming an international lawyer and their advice to the audience. I realised that when it gets practical and adventurous, it feels different from receiving legal education. For instance, I was told by a Foreign Office lawyer, Qudsi Rasheed, who sits as a UK representative to the EU, how, if a person from the UK travels to another country and commits a criminal offence, they would decide which of the national laws applies. Overall, I really enjoyed having the opportunity to learn something new and exciting, enhancing my knowledge of the world of law.”
Recently I attended an insight day at Reed Smith, which was an invaluable experience. The day was very insightful as we were given useful advice from paralegals, trainees, associates and partners from the firm. Also during the lunch break we were given the opportunity to network with the trainees which was very interesting. The final talk of the day was about the application process for internships and training contracts which was extremely beneficial. After attending the insight day, I believe the most appealing aspect of Reed Smith is that they are a very culturally diverse firm with a great working environment. Through getting a great insight of the firm, I am going to apply for their summer vacation scheme.
Debrah was so interested that she went back to hear the annual Bingham Lecture by Rt Hon Lord Judge PC, former Lord Chief Justice of England and Wales on ‘A Judge’s View of the Rule of Law’. (www.biicl.org/event/1252). Lord Judge’s views made the national press. The Guardian said: “The “legislative tsunami” unleashed by Brexit will deliver the “greatest challenge” in history to the integrity of parliament’s procedures, a former lord chief justice has said. Lord Judge raised his concerns that by the time Brexit is completed and the “great repeal bill” enacted, MPs and peers will have effectively given away their powers to pass laws.” (www.theguardian.com/ law/2017/may/03/brexit-parliament-oversightmps-peers-laws-legislation-lord-judge )
You can find out more about Reed Smith at www.reedsmith.com. Debrah Igbinedion, an LLB first year Law student went to two talks at the British Institute of International and Comparative Law (BIICL) which is an independent legal research institute specializing in international and comparative law. The first was a seminar which “aims to provide an insight into a range of possible careers as an international lawyer. The speakers have a diversity of backgrounds and experiences, which is of assistance to all those considering a career in international law - whether at the beginning of their professional life or part-way through it.” Speaking were: Nicole Bigby, Berwin Leighton Paisner; Qudsi
London is full of opportunities like this – LSBU students are making the most of them!
Congratulations to the winner Tunde Kubitsch, from Year 3. Videos have been prepared of the process and will be available for future students. www.dacbeachcroft.com
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LAW DIVISION NEWS Dear Students, We have had a very busy and successful year. In semester 1, we had City law firm and legal aid careers events with DAC Beachcroft and the Young Legal Aid Lawyers. Cyrus Larizadeh QC gave a highly successful and entertaining talk on his life at the Bar as a family law specialist and Dr Stephen Barber from the School of Business explained “The Case for Doing Nothing” based on his BBC Radio 4 documentary. These two talks were in conjunction with the Student Law Society. We held the final of the Mooting competition in the Inner London Crown Court and a very successful Student Law Society Christmas Dinner. And, by the way, we got one of the best Law Student Satisfaction Scores in London.
SARA CHANDLER WINS LAW CENTRES NETWORK’S LIFETIME ACHIEVEMENT AWARD Our very own Visiting Professor, Sara Chandler QC (Hon), was stunned to learn that she had won the Law Centres Network’s Lifetime Achievement Award for 30 years’ support of the Law Centres movement. Sara was presented with the award in the presence of colleagues and students at the South London Law Society's annual dinner on 16th November 2016 by Pamela Robotham, Senior Solicitor and Manager at Cambridge House Law Centre. Commending Sara’s work, Pamela said: “Sara has been an activist, friend and champion of the Law Centres movement for over 35 years. She was a pioneer in welfare law and was one of the first people to represent a client in the Tribunal, thus helping to develop welfare law and housing law practice. Her work to promote access to justice both in the UK and abroad has been recognised recently by making her a professor at the College of Law and then London South Bank University, and recently also an Honorary QC.
“Sara’s other great love is access to justice, nationally and internationally. This has led to her involvement in legal aid campaigns and pro bono legal projects for the past ten years. She was instrumental in setting up the Colombian Caravana, which promotes justice and the rule of law in Colombia. She is a recognised world leader on this topic and has been invited to speak and represent the UK at conferences, Law Societies and other international conferences.” Sara commented: “I was thrilled to win this award. I know so many people who work on without pay or in the face of lack of funding, like the staff of Central London Law Centre, where I am a trustee. It is an honour to be a member of the Law Centres movement and I will continue to do what I can for as long as I can. In receiving this award I hope it will remind people that we can all help our Law Centres to survive.”
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I took a trip down memory lane when I addressed a meeting of ELSA UK, an organisation I founded when I was a trainee solicitor (a very long time ago). ELSA is the European Law Students Association and is an organisation for all law students in Europe (rather than only for EU law specialists). It organises exchanges, job placements and summer schools – I used to run a very nice summer school on human rights in Croatia – it still takes place every year in Zadar. The student law society at LSBU could become a local group so take a look at ELSA UK and ELSA International if you think you might be interested: ELSA www.elsa.org ELSA UK www. elsa-uk.org We also hosted a national conference on clinical legal education attended by law clinics from Northumbria, Kent, Strathclyde, Huddersfield and Manchester as well as LSBU and the student run Norwegian legal advice service – Juss-Buss. It really was originally delivered from a bus (see In Pictures) but nowadays they have an office and just a car. Much more practical but less romantic :-) In semester 2, we held our Inspired by Law awards in February, where lawyers and legal campaigners nominated by you were celebrated. Visiting speakers included Dominic Grieve QC MP, the former Attorney General talking about human rights, Professor Miao of Harbin Normal University, China on Chinese Business Law, Martin Day, senior partner of Leigh Day Solicitors discussing Business and Human Rights and Visiting Professor Roger
Smith OBE. Roger’s talk on technology and the law covered online dispute resolution and considered whether artificial intelligence will replace lawyers' jobs. We had Visiting Professors Sir Geoffrey Bindman QC (Hon), Joel Bennathan QC and Imran Khan giving their annual Human Rights update. Keep an eye open for our daytime seminars, which are based on Divisional research. As well as Cherry, Chris, Risham and Kim speaking on educational issues, we had our Dean, Professor Craig Barker speaking to a packed room on the responsibility to protect in international law and Visiting Professor Lionel Blackman (LSBU Visiting Professor) on the highly topical subject: 'Law of Surveillance: UK Law and Practice'. We were also delighted to facilitate the Student Law Society who enticed two major speakers to LSBU, Law Commissioner David Ormerod and President of the Law Society of England and Wales, Robert Bourn. We raised over £800 for the clinic from sponsorship on a balmy spring evening walking through central London on the annual London Legal Walk. We are always pleased that so many students join the walk, even though it is at the height of the exam period. 10km with stops to admire the view is one thing – however, record-breaking hurdling is something else. Congratulations to Yasmin Miller from year 3, who broke the British Universities and Colleges (BUCS) national record in her semifinal race in February and went on to win gold over 100m in the outdoor meeting in May. If you have detected an international flavour to some of our events, this is not an accident. I have been travelling the world over the last year, forming relationships with universities in several continents. We have validated a BA Anglo-Egyptian law with the British University in Cairo and an LLB (Hons) law (International) with the Applied Sciences University in Bahrain. We have validated a module on Chinese Business Law for the LLM International Commercial Law in collaboration with the Confucius Institute TCM and Harbin Normal University. We are also in discussion with Mackenzie University in Brazil and Indian and Bangladeshi universities. All this is in addition to our existing strong links with European universities in France, the Netherlands, Hungary, Croatia and elsewhere, familiar to students on the EU Crime and Migration Law module.
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These exciting developments will offer us great opportunities, staff and students alike. Already this year Alan Russell taught on a short course on Access to Justice in Brazil in January and at Easter Kim Silver delivered some lectures on the English legal system to Egyptian students in Cairo. What about you? LSBU law students will have the option to take modules on Comparative Law, possibly to travel to some of these countries and to host an annual International Comparative Law student conference, commencing in June 2018. Our international partners will be able to send their students to take part alongside LSBU law students.
MOOTING
There is change afoot in the UK legal profession. Although it won’t directly affect you, we are getting ready to respond to radical changes to the way lawyers train and qualify, proposed by the solicitors’ and barristers’ profession. Full details are already posted on Twitter @ lsbu_law - we are nearly at 500 followers so please encourage your fellow students to join.
This year, mooting had a busy schedule with lots of external competitions, which saw LSBU students go head-to-head with students from other universities, workshops where the skills needed to moot were taught to those who wanted to learn, a friendly moot where our students battled against practising solicitors and we had a guest speaker who spoke about the importance of mooting. Moreover, at the beginning of the academic year, our internal competition reached its conclusion (before starting all over again!)
Mooting is a truly valuable skill that every student should have on their CV, irrespective of whether they intend to practise law or not. While it is essential for all those who intend to go to the Bar, the vast array of transferable disciplines that mooting requires can only serve to make a job application in any field stronger; not to mention that mooting will immediately set you apart from all those who have not mooted.
Congratulations are due to Professor Sara Chandler on winning the Law Centres Network’s Lifetime Achievement Award, covered elsewhere in this issue. We are also very pleased to announce that Dr Cherry James has successfully completed her PhD.
The final round of the 2016 LSBU Internal Mooting Competition was held on Thursday 27th October 2016 at the Inner London Crown Court and was presided over by HHJ Owen Davies.
Finally, I cannot finish without reminding you – again – that we are very proud to have risen 45 places in The Guardian University League Table for Law to 13th place. Thanks to all students and staff for making LSBU Law a success!
As the courtroom filled with students, staff members and even external guests, there was a feeling excitement, enthusiasm and nerves in air. The sense of occasion was starting to give way to the reality of the battle ahead.
You can tell everyone that you study at a Top 20 Law school!!! Best wishes,
ANDY
The teams began to settle in their surroundings, adamant not to let their nerves show. Alicia Zahedi-DeWolfe and Simranjit Digpal were representing the Appellants and Claire Hood and Nahall Ghouds were for the Respondents.
NO . 13 FOR LAW COURSES IN THE GUARDIAN LEAGE TABLE 2017
It was not long before there was a knock at the judge’s door and the command “All rise!” echoed around the room. What ensued was a spectacular battle of advocacy between the Law Division students. The judge was extremely engaged and made sure that each of the students were put through their paces. HHJ Davies declared that, by a hair’s breadth, Claire Hood and Nahall Ghouds were the winners. Following their performances in the moot final, Simranjit Digpal and Nahall Ghouds have been offered the opportunity to marshal through the Inner London Crown Court.
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Incidentally, the moot problem was loosely based upon the Uber litigation in which Uber drivers were fighting to be labelled as employees and not independent contractors. Like the company featured in the moot case, Uber were claiming that they were only a technological platform and that their drivers were self-employed, only using Uber to connect to their customers. The morning after the final, an employment tribunal issued judgement on the Uber case. The tribunal determined that Uber drivers are employees and are therefore entitled to statutory benefits, such as sick and holiday pay. This decision accurately reflected part of the judgement of the law in the moot final. If you would like to moot at LSBU with the chance to argue a case before a real judge in a real courtroom, then make sure you sign up for mooting next year. The 2017 competition will conclude with the final at the start of the next academic year and I look forward to seeing the finalists battle out a case in court. I hope to see lots of you there and at the mooting workshops next year.
MAX SHORT MOOTING CO-ORDINATOR
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5%
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