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3

the barristerISSN 1468-926X

PRICE pound28012TH JUNE - 31ST JULY 2012

Features

News

Publishing Director Derek Payne0845 5190 176email infobarristermagazinecomPublishers media management corporation ltdDesign and Production Alan Pritchardemail infosoinspiremeuk

A judiciary for the 21st century public consultation and Crime and Courts Bill

New Laws To Promote Diversity Among Judges

53

p6

Business Innovation ndash is the Bar being left behind

TRINITY TERM ISSUE

ESSENTIAL READING FOR BARRISTERS

wwwbarr istermagazinecom

EST 1999

The LASPO Bill ndash A Bill We Cannot Afford

7

12

22

23

Forensic Science Stirred not Shaken

The landscape of forensic service provision in the UK has undergone seismic changes during the last decade culminatingwith the controlled wind-down of the Forensic Science Service this year

By Dr Brian McKeown Chief Scientist LGC Forensics

Reforming Magistrates

The criminal justice system is going through a period of significant and sustained reform The financial crisis has shone a light on longstanding inefficiencies in the system

By Stephen Moffatt Policy and Campaigns Officer Criminal Justice Alliance

IT Sets The Bar

Considering the current legal landscape and comparing it to the landscape of yesteryear significant changes are apparent Gone are the days of being able to manage Chambers using t-cards and a paper diary

By Nick Hartwell Senior Project Manager for LEX Chambers Management at Bar Squared Ltd

Every day it seems a new way of putting

solicitors in front of potential clients hits

the headlines

Quality Solicitors not four years old yet

is looking positively grandfatherly has

attracted substantial outside investment

and is investing millions in prime-time TV

advertising Its path from bright idea to big

business has been lightening quick

Therersquos High Street Lawyer Lawyers2you

and latterly Instant Law springing up on

the high street in shopping centres and in

public libraries Wersquove had for a long time

now a whole galaxy of mainly PI lawyers

advertising on

afternoon TV and

there are affinity

groups like the

successful ones

run by Pannone

and 360 Legal

Wersquove got virtual

law firms on-line

advice and in

the autumn the

market leader in

the USA for on-line

documents Rocket

On 17th July 1970 the UKrsquos first Law Centre in North Kensington opened According to Coming of Age which was published by the Law Centre in 1988 its objective was to create a service ldquoanalogous to that provided by the traditional family doctorrdquo It went on to state

ldquohellipthe lawyers working there would become accepted as part of the community which would help break down the anxiety prevalent among poor people and likely to inhibit them from obtaining help even though they have a good caserdquo Law Centres are not-for-profit organisations which provide free legal advice and representation to local communities predominantly in relation to housing

debt employment and welfare benefits Law Centres are used by some of the most vulnerable members of society including the victims of political torture domestic violence victims people with substance abuse problems and people with severe mental health issues

In the latter half of the 20th century Law Centres quickly became powerful players on the legal landscape facilitating access to justice in local communities

By the 1990s however the Law Centre movement was experiencing considerable financial difficulties The 21st century has brought a fresh wave of financial challenges and in the last 5 years at least 12 Law Centres have closed p10

Ian DoddBar Consultancy Network

The search that delivers results

Not only does JustCite show you how cases legislation and articles cite and relate to each other it harnesses the power of this

citation network to help you nd leading authorities in seconds Advanced search algorithms integrated citation analysis visualisation

tools and editorial content come together to make JustCite one of the most sophisticated legal research products ever developed

Visit wwwjustcitecombarrister2012 for a free trial and see for yourself how JustCite can change the way you search the law

Barrister magazine advert for June 2012indd 1 20042012 110332

03the barrister

Forensic Science Stirred not Shaken By Dr Brian McKeown Chief Scientist LGC Forensics

The landscape of

forensic service

provision in the UK

has undergone seismic

changes during the last

decade culminating

with the controlled wind-down of the

Forensic Science Service this year

Much comment has been made about

the impact this will have on service

delivery impartiality of evidence and

also future research developments in

the field Should the Criminal Justice

System be unnerved or are these

changes rather a reflection of a mature

and stable discipline operating under

strict codes of practice and benefiting

from commercial acumen and a need to

outperform alternative suppliers

In the late 1990s a meeting of the

then recently established DNA

Database Suppliersrsquo Group was held in

Birmingham The gathering was chaired

by Dr Dave Werrett who was at the

time the Deputy Director of the Forensic

Science Service (FSS) the organisation

responsible for the birth of the National

DNA Database (NDNAD) The FSS was

the Custodian of the Database and

also its single biggest lsquosupplierrsquo of DNA

profiles The NDNAD is a fitting epitaph

for the now disbanded FSS and an

accomplishment that was possible in

no small measure due to a large and

dedicated RampD team

However even in the late 1990s things

were changing and in recognition of the

fact that the world of forensic casework

provision was opening up to commercial

competition with non-FSS labs also

uploading DNA profiles to the Database

Dr Werrett commenced the Birmingham

meeting by enquiring ldquoOkay I see the same faces around the table who do you work for this timerdquo The comment

although light-hearted acknowledged

that many forensic scientists have

by choice worked for many different

forensic providers during their careers

Mobility enriches careers and gives a

broader perspective on best (and worst)

practices Over the past 20 years I have

myself worked for two government-

funded forensic suppliers and two

commercial providers Putting me in the

minority of forensic scientists I never

actually worked directly for the FSS In

common with my many colleagues who

have also moved between suppliers

from employer to employer my

professional integrity and desire to best

serve the Criminal Justice System (CJS)

has not diminished one iota If anything

it has strengthened under the recent

somewhat mischievous suggestions that

a commercial forensic supplier and its

staff might be thought of as less than

impartial by dint of where their monthly

salary originates

I can reassure you that my colleagues

regardless of current employer or

recent changes are driven by the same

motivations as you would hope all

forensic scientists are to provide an

excellent and complete service to the

CJS and to continue to advance the

science such that next year we will be

better than we are this year and that in

2014 wersquoll be better than 2013

Itrsquos important to stress that we will

only achieve improvements on what is

already an extremely efficient robust

informative and economical service

to the CJS and police if we continue to

invest time and money in RampD There is

no doubt however that the critical need

for ongoing RampD is well understood

and that the new face of forensics in

the UK will continue to invest through a

diversity of mechanisms

Forensic Research and Development

is in common with all RampD expensive

and never guaranteed of success at the

outset In many ways our world is akin

to that of lsquoBig Pharmarsquo where the cost of

developing a new drug is perhaps in the

region of $800 million If only we had

that sort of firepower at our disposal

While many excellent drug therapies

already exist for the common diseases

that blight humanity to develop a

new drug that performs perhaps only

marginally better may still costs around

$800 million It becomes difficult to

justify the eye-watering expense of

developing a new drug therapy with only

marginally greater efficacy to compete

with a perfectly good older therapy

that is no longer covered by patent

protection and now costs pennies from

a generic drug manufacturer Drug

companies approach this conundrum

by targeting radically new therapies

or by addressing unmet need diseases

that afflict ever-fewer individual

patients Another approach is to apply

an existing therapy to an unmet need

Itrsquos a good analogy as forensic RampD is

required on an ongoing basis not only

to reinvent radically those things we

already do to be much more effective

(by a variety of lsquobetterrsquo measures) but

also to address a diminishing number

of evidence types where no effective

laboratory investigation is currently







04 the barrister

possible Sensibly we also apply existing

technologies to novel applications On

an ongoing basis we incrementally

improve those things that are already

lsquogoodrsquo to be ever lsquobetterrsquo

There is so much still to do and many of

the inventions and developments yet to

come we almost certainly do not know

we actually need Science in general is

littered with technologies that are now

thought essential but which a priori

no-one ever knew we needed But how

can we continue to develop the service

we offer under increasing financial

pressures

The demise of the FSS undeniably

reduced the total UK investment in

forensic RampD The FSS in later days

spent upwards of pound6 million per

annum on RampD money that in the age

of austerity has not immediately been

reallocated to forensic RampD through

other mechanisms But there is growing

recognition that the commercial supply

model embraced by England and

Wales for ongoing forensic provision

cannot mean the suppliers bear the

undiluted burden of RampD expense if

that RampD is to be of substance Those

new mechanisms include a necessarily

closer working relationship between

the commercial suppliers of forensic

laboratory consumables such as DNA

testing kits the case-working forensic

laboratories and the (numerous)

academic institutions engaged in RampD

that could find application in forensic

use

Fundamental research in our universities

needs to be supported by access to

funding mechanisms that recognise

and value forensics as an end-point for

the research conducted To that end

the Research Councils UK (RCUK) and

the Forensic Science Society have been

working closely to facilitate a funding

stream for ongoing forensic research

and development ASpecial Interest

Group in Forensic Science is currently

being planned by the Technology

Strategy Board (TSB) drawing on the

various Research Councils in the UK

This is tangible progress

Within Europe there are 7 year

cycle funding streams available for

collaborative research that prima facie

appear generous Framework Program

7 is the best known ISEC being another

that has focused on forensics in the past

These funding streams are however

not directly accessible to commercial

enterprises working in isolation and so

collaborations with academia or other

governmental forensic labs are essential

Proposed research must also have a

demonstrable impact on the ability to

better serve the criminal justice system

across Europe as borders increasingly

have little impact on the movement of

individuals within the Community

Right now funding that could be

accessed for forensics via Brussels is

considerably under-spent This reflects

the fact that research projects are very

strictly evaluated from both scientific

and accounting standpoints rather than

a lack of interest in the funding

The UK forensics providers in England

and Wales are all small to medium

size enterprises (SMEs) and therefore

will qualify for a contribution toward

the cost of collaborative research We

would be remiss not to engage with this

funding mechanism given adequate

safeguards that acknowledge our

commercial position To ensure forensics

is successful in attracting support

from Europe the forensic community

must educate the various committees

that determine which specific areas of

application are to be entertained during

any given funding round The value of

forensics and its contribution to a safer

society is blatant to all who work in the

field We anticipate that a less emotive

approach to lobbying for greater

support in future will be required if we

are to ensure that forensics is properly

recognised by the committee lsquoOpinion

Membersrsquo individuals who identify the

precise areas of endeavour that will be

supported during any given funding

round

Of course the various forensic suppliers

serving the UK CJS will also continue to

invest directly in RampD to differentiate

their services from alternative suppliers

Within LGC for instance this includes

investing in expensive and demanding

research such as our particular

approach to rapid DNA analysis beyond

the confines of the laboratory millions

of pounds and many years of work by

an interdisciplinary team of scientists

engineers and technicians It will also

include the somewhat less glamorous

assessment of background levels of grey

cotton fibres in public areas a plotline

unlikely to feature on CSI but necessary

if we are to speak with authority about

the significance of identifying this fibre

type in the course of an investigation

Forensic science delivery and continuing

RampD is populated by the same type of

person (and often the same individuals)

that has always provided the service

dedicated impartial and keen as

mustard to see the service continue to

develop to better serve the CJS in the

future Although the financial strictures

under which we operate are real and

biting we are still routinely delivering

excellence and I believe we are still

capable of surprising you in the future

with what we have yet to invent

Reports close to perfection ndash all the arguments judgments and citations

iclronlinecouk

Tim Dutton QC (Head of Chambers Fountain Court)


iclronlinecouk


06 the barrister

Lawyer is coming to the UK

Thatrsquos just the tip of a solicitor-

driven thriving writhing

entrepreneurial culture of

invention and innovation

Solicitorsrsquo firms have invested immense

intellectual capital and hard cash into a

whole spectrum of new business ideas

The cynics and doubters say that theyrsquoll

all fail and itrsquos a flash in the pan

Certainly some wonrsquot make it but there

will be others to take their place More

will evolve and their nimble-minded

and sure-footed managers and investors

will see that they do Yet others will just

continue to build on and develop a great

idea and wersquoll soon wonder why we

never thought of it before

Meanwhile strategic alliances often

falling short of merger or takeover are

being fashioned between solicitorsrsquo firms

who see the synergy in collaboration

for individual contracts or in longer

term ventures Mergers of course are

still a major part of the fast-changing

landscape solicitors inhabit and a recent

survey by Andrew Otterburn of the Law

Consultancy Network showed that the

rate of mergers had doubled in 2011

and was set to follow that trend in 2012

Venture capital is looking for such

vehicles and the bigger law firms are

and will be investing in their noisy

smaller neighbours

What then of the Bar

While there are many things like

ownership amp management structure

and a slow-moving tradition which

might inhibit such rapid iconoclastic

business development at the Bar there is

certainly no lack of intellect intelligence

and resourcefulness Progress though

is slow and it might be time for the Bar

to shake off its torpor and join the race

before itrsquos left too far behind

Despite wise words of encouragement

from the Bar Councilrsquos Chairman in

2010 Nichols Green QC that barristersrsquo

chambers needed to be at least 70-strong

few mergers have taken place and the

average membership is still just below

40 The Bar seems to be unable to grasp

the benefits of merger and the strength

amp depth of a well-diversified team the

economies of scale and the obvious clout

the very big chambers now have and

are wielding Not only that but the Bar

seem to find insurmountable practical

difficulties in following promising starts

through and there are many tales about

mergers being abandoned in the early

stages It might well be time for the

Bar to consider alliances more from a

business standpoint than a view of the

personalities involved

There are some encouraging signs

though Recently Exchange Chambers

in Liverpool and Litigation Funding

(principally made up of barristers from

Ely Chambers in London) launched their

own privately-funded litigation services

Wersquove also had Riverview Law and

Artesian Law setting up Riverview look

like the out-sourced advocacy arm of

DLA Piper and has attracted a galaxy of

stars from existing chambers who work

for them whilst remaining in their own

chambers

Artesian Law are an interesting

proposition A small number of

forward-looking barristers broke away

from their original chambers and

have set up a partnership to explore

novel ways of working with clients in

crime Six barristers a solicitor and

an experienced practice manager have

created a platform from which they

offer a range of legal services in a

flexible and modern way Seeing the

opportunities that the LSA offers and

choosing to be regulated by the SRA

rather than the BSB who are yet fully

to consult on entity regulation this

represents another way to the market

Their model appears to be similar

to that which the Bar Consultancy

Network have developed and both

anticipate novel commercial fee-sharing

arrangements between barristers and

solicitors which avoid any possible

referral fee and conflict problems by

careful organisation amp management and

choice of regulator The Bar Consultancy

Network is working with small number

of chambers who are preparing for

the challenges and opportunities that

competitive tendering in legal aid

contracts will bring

The new world though is not without

its own problems The current

structure and financial management of

traditional chambers doesnrsquot allow for

the retention of profit or the ability

to build up enough working capital to

fund major expansions and business

initiatives Investment capital may be

even harder for the Bar to access as the

requirements of private equity providers

is liable to test the membership of most

chambers

The LSA has paved the way for an

ABS world and a surprising number are

being formed Solicitors have responded

with alacrity and new thinking Many

new law firms have sprung up and

are bringing a refreshing vigour to the

market The Bar has shown some signs

of joining in though for them speeding

to catch up must be top of the agenda

Ian Dodd Bar Consultancy Network

wwwbarconsultancynetworkcouk

p1

SRXEGXYWRS[XSWII[L][IacuteVIFIGSQMRKQSVIERHQSVILIPTJYPXSWSPMGMXSVWEPPSZIVXLI2SVXLIWXERHFI]SRH

8IP`[[[R[QIHMEXMSRWSPYXMSRWGSYO

+-)=3960-)287731)8-2+(-)6)28

2368)781)(-8-3273098-327

6)13)0-)28786)77)2396+)(amp=39687

2339683787

))4(-7498)746-8)

0)777)46)468-32360-)287

3-(0-8-+8-326-7

6)(9))lt4)27)

0-1-8)((-73)6=

Reforming Magistrates By Stephen Moffatt Policy and Campaigns Officer Criminal Justice Alliance

The criminal justice

system is going through

a period of significant

and sustained reform

The financial crisis

has shone a light on

longstanding inefficiencies in the system

in particular the huge sums of money

required to keep an ever-increasing

numbers of prisoners incarcerated

Justice Secretary Kenneth Clarke has

questioned the effectiveness of a range

of criminal justice services instigating a

debate on whether they offer good value

for money in terms of crime reduction

fairness and public confidence

The result of this is substantial policy

and legislative change not without

controversy and internal power

struggles The all encompassing

lsquorehabilitation revolutionrsquo has been

the driver towards a more localist and

outcome-based agenda - the introduction

of payment by results schemes

increasing privatization of prisons

police and probation and creation of the

soon to be democratically-elected police

and crime commissioners all features of

the emerging landscape

The cost of maintaining the prison

estate has risen over the last decade to

over pound4 billion with the annual cost of

reoffending estimated to be above pound11

billion The government is attempting

to reduce this enormous bill enacting a

23 cut in the Ministry of Justice budget

over the course of this parliament for

example pushing through reductions

in legal aid commitments within the

Legal Aid Sentencing and Punishment

of Offenders Bill despite significant

opposition If a policy promises to cut

costs whilst not appearing unduly lenient

to the public there is a strong likelihood

that it will be enacted It is to one such

potential change that I wish to draw

particular attention to magistrates and

the limits of their sentencing jurisdiction

Presently magistrates can exercise

their summary jurisdiction over cases

in which offenders could receive a

07the barrister

08 the barrister

maximum 6 month custodial sentence

extending to two years for offenders

sentenced within a juvenile court They

deal exclusively with minor offences

usually acquisitive in nature or low end

drug offences handing down short term

prison sentences community orders or

fines The numbers of cases magistrates

deal with have been gradually declining

7 last year as have the numbers

of magistrates down to 27500 from

37000 and predicted to settle at around

22-24000 in the future1

The Magistratesrsquo Association is keen to

have the jurisdiction of the magistracy

extended They wish to be able to pass

down custodial sentences of up to 12

months and there have been numerous

signs that the government is seriously

considering this option

At present section 154 of Criminal

Justice Act 2003 enacted by the last

Labour Government allows magistrates

to pass down a sentence of up to 12

months however this part of the act has

never been implemented Ken Clarke

wished to repeal this section under the

LASPO bill perhaps concerned that

magistratesrsquo courts would too quickly

fill his prison cells However in reaction

to the riots and what appeared to the

public to be swift and sure justice

dispensed by the magistrates he failed to

get the requisite approval from his party

and had to back down The powers thus

remain on the statute book and could be

revisited without future parliamentary

debate

Magistrates have a long and important

history with the criminal justice system

and despite some fears a few years

ago it is generally accepted that this

should long continue There is unlocked

potential within magistrates in terms

of their ability to improve the outcomes

of those coming into contact with the

criminal justice system due to the way

they currently exercise their authority

However it is questionable whether

extending their sentencing jurisdiction

above six months would be the best way

to unleash said potential and whether

or not they are in a position to do so

anyway in terms of resources and

general support

It is claimed that the government will

make large financial savings by granting

magistrates 12 month sentencing

powers and that the criminal justice

process will be rapidly sped up for many

offences Attorney General Dominic

Grieve suggested that increasing the

sentencing powers of magistrates would

make the court system more efficient as

early guilty pleas in magistratesrsquo courts

cost the justice system on average pound90 a

case compared with pound750 when similar

hearings are referred to the Crown

Court2 The Magistratesrsquo Association

believe that on average each case in a

magistratesrsquo court costs pound900 compared

to pound3500 in a Crown Court3 However

some statistics suggest that the differing

expense between magistrates and

district court judges is extremely minor

unless you take into consideration the

latterrsquos greater propensity to sentence to

custody4

Yet the debatable cost savings are

dwarfed by the potential increase

in custodial costs It is argued that

magistrates have proven themselves to

be responsible enough not to expand

the prison population once given an

extended sentencing power as the

custodial rate of children has been

on a consistent decrease over the last

three years (from around 3000 in 2008

to 2000 in 2011) However despite

magistratesrsquo decisions having some

influence on this decrease research

suggests that the real reasons for the

declining numbers are many complex

and in truth predominantly inadvertent

repercussions of policy decisions and

procedures and certainly canrsquot be put

down to the work of a single agency5

Evidence of increasingly punitive

sentencing in other areas is exemplified

by a fivefold increase between 1992

and 2002 in the number of women

sentenced to custody by the magistratesrsquo

courts6 During this time the general

custodial rate here jumped from 5

to 16 (admittedly a large proportion

of this is down to district court judges

sitting in magistratesrsquo courts) whilst

within the crown court the rate went

from 45 to 637 Although it cannot

be conclusively shown that the increased

sentencing power would substantially

enlarge prison numbers there would

appear to be a significant risk that it

would do so especially if district court

judgesrsquo summary powers were increased

simultaneously

Increasing sentencing powers could

impact on other important principles

in justice for example putting at risk

the fundamental right to a trial by jury

(something which the government

seems willing to quietly curtail) Instead

as the justice system is refocusing and

questioning priorities so too should

the magistracy Now is the opportune

moment to explore the full potential of

their existing sentencing powers and

their unique contribution

England and Wales are one of the few

jurisdictions left in the world (aside

from a handful of small island nations)

that has retained the magistracy It is

important to determine why it continues

to do so in the 21st century for it

will assist determining the direction

the magistracy should pursue The

Magistratesrsquo Association themselves are

in the process of drafting a report based

on research they carried out on the role

of the magistracy in the 21st century

As volunteers freely giving of their

time there is a connection to local

communities that cannot be found

within the judiciary The magistracy

could do more to fully exploit and take

advantage of this Local magistrates

may not always be reflective of entire

communities (an issue the magistrates

are trying to address) but the underlying

rationale of lay members of the public

judging their peers nonetheless remains

highly valuable This is not to suggest that

their sentencing should be determined

by their localities generating greater

inconsistency between neighbourhoods

but for example the opportunity to sit

in more informal community locations

could be explored

For instance magistrates could do more

to educate communities about their role

and the work of the criminal justice

system more generally The Magistrates

Association is keen to continue to

expand on schemes that do this

especially amongst young people and

ethnic minority groups in urban areas

More substantially magistrates could

spend a greater amount of time looking

at the welfare and vulnerabilities of

the offenders appearing before them

how such was linked to the criminal

behavior in question and the effect that

any sentence is likely to have on them

Magistrates are in excellent positions to

determine the performance of several

statutory agencies towards individuals

who subsequently go on to commit

crimes In this manner they have the

potential to highlight the fact that the

criminal justice system is frequently

being used to rectify what is in essence a

social issue with prisons too often used

to warehouse individuals that other

agencies refuse to cope with

I would not go as far to say that all

magistratesrsquo courts should suddenly

strive to imitate problem solving courts

- more research and evidence is first

needed but the adoption of a similar

mind frame surrounding the multiple

issues in an offendersrsquo life when

sentencing would be beneficial

Similarly more attention could be given

to the welfare and vulnerabilities of the

families of offenders Such an approach

could help particular community welfare

problems being addressed before they

are escalated through the justice system

and seen purely as criminal issues The

imprisonment last year of 25 parents for

failing to ensure their childrsquos attendance

at school is a clear example of this

misguided approach Better allocation

of the roles of criminal justice and social

institutions in this way could ultimately

lower offending and re-offending

These benefits should supersede the

view that magistrates should only apply

the strict letter of the law They are in

a prime position to do more than that

and such an approach is more worthy of

investigation than an extension of their

punitive sentencing powers Placing a

degree of responsibility on the shoulders

of magistrates for the sentences they

hand down in this way should be seen

as positive without being too unrealistic

or inappropriate

The government could start by placing

the relationship magistrates have

with probation on a statutory footing

Presently there is no obligation on

probation to show magistrates the

services that carry out community

orders Altering this should be seen as

a priority as it will improve confidence

in and understanding of community

programmes demonstrate how

vulnerabilities are being met and

offending behavior being dealt with

which should in turn improve judicial

and public confidence in such orders

The Chairman of the Magistratesrsquo

Association said that this approach will

encourage members to use alternatives

to custody more often

Nick Herbert said in a speech given

to the Magistratesrsquo Association late

last year that he wants to ldquoreclaim

summary justice for the community

with magistrates at the centrerdquo8 What

possible better way of starting this

than having magistrates take greater

consideration of local problems

individual vulnerabilities and the lasting

effects of the sentences they hand down

This may sound unduly onerous but

with additional support and resources

there is the potential to carry out this

work Of course during these economic

times when magistratesrsquo courts are

being closed and expenses have been

frozen the likelihood of receiving such

is minimal but if Nick Herbert is to

commit to his words this is surely the

best method of doing so

Magistrates have unlocked potential

However we cannot lay unreasonable

expectations at the court door They

will not significantly reduce reoffending

rates nor improve relations between the

criminal justice system and the public

overnight They canrsquot lift individuals

out of poverty They canrsquot improve the

education system They cannot address

employment issues What they can

do is assist in the process of doing so

by adapting practice and helping to

promote desistance through effective

and supportive sentencing providing

people who are presented before them

the opportunity to address underlying

criminal behavioural issues Simply

granting increased sentencing powers

to magistrates misses a key opportunity

to fundamentally rethink the important

role of the magistracy

1 Speech by John Fassenfelt to Criminal

Justice Alliance 25th January 2012

2 httpwwwguardiancouklaw2011

sep07attorney-general-ken-clarke-

magistrates



4 Morgan R and Russell N (2002) The

Role of the Judiciary in the Magistratesrsquo

Courts Home Office Report

5 Allen R (2011) Last Resort

Prison Reform Trust httpwww

prisonreformtrustorgukPortals0

Documentslastresortpdf

6 Hedderman C (2012) Empty Cells or

Empty Words Criminal Justice Alliance

7 Hough M Jacobson J and Millie

A (2003) The Decision to Imprison

Sentencing and the Prison Population

Prison Reform Trust

8 httpwwwnickherbertcom

media_centrephp501Reclaiming20

Summary20Justice

09the barrister

10 the barrister

including my former employer Saltley and Nechells Law Centre in Birmingham

The Law Centre Movement is indeed currently facing the greatest threat to its existence in its 42 year history The Legal Aid Sentencing and Punishment of Offenders Bill (LASPO) envisages a radical overhaul in entitlement to civil legal aid in several areas of law including housing employment debt and welfare benefits which have a crucial bearing on the work of Law Centres As I shall argue in this article the LASPO Bill will spell the end of neighbourhood Law Centres

The Financial Difficulties Experienced by Law Centres under the Current Legal Aid Scheme - A Case StudyAt present there are 54 Law Centres across England Wales and Northern Ireland In order to obtain legal aid funding they must tender for legal aid contracts in competition with private law firms If successful in obtaining a contract the Law Centre in question receives payments from the Legal Services Commission on a case by case basis

Figures released by the Law Centres Federation show that one in three Law Centres relies on legal aid contracts to provide at least 60 per cent of their annual funding A number of Law Centres receive annual local authority grants in addition to legal aid funding but such arrangements are becoming increasingly rare and in any event the grants are generally quite modest in value

At Saltley and Nechells Law Centre (hereafter SNLC) I was acutely aware of the financial pressure the current legal aid scheme places on the not-for-profit sector

The overheads involved in running even a modest Law Centre are high These include the rent of premises the salaries of solicitors fee earners and administrative staff fuel bills telephone bills stationery postage professional indemnity insurance premiums

photocopier hire fees and subscriptions to practitionersrsquo texts

In respect of each welfare rights case SNLC received a standard fixed fee of pound16700 excluding VAT The fixed fee was the equivalent of three hoursrsquo work on the case at an hourly rate of pound5560 SNLC was paid on closure of the case notwithstanding the fact that many cases particularly those appealed to the Upper Tribunal or the Tax Adjudicator take several months or even years to close

SNLC received no additional remuneration if it spent more than three hours on a case except where it spent over nine hours on it Under these circumstances it received remuneration for the actual amount of time spent on the case at the rate of pound5560 per hour

The difficulties with this system are threefold

(1) Firstly it creates an incentive for organisations to cherry-pick those cases which can be closed with the minimum amount of time and effort SNLC refused to select cases in this way and as a result found it difficult to make publicly funded work financially viable However the cherry-picking of cases undermines the concept of access to justice ndash the very raison drsquoetre of a legal aid scheme

(2) Secondly the system creates an anomalous situation where a case that falls just short of the three times limit is only paid at a fraction of its true value Under these circumstances legal aid practitioners might be tempted to generate unnecessary costs purely to tip the case into the ldquoexceptional categoryrdquo thereby generating a fee which properly reflects the actual level of time and effort invested

(3) Thirdly and most fundamentally the overwhelming majority of cases fall between these two extremes These cases result in a net loss to the organisation since the value of the work conducted on the case exceeds the standard fixed fee payable From a

purely financial perspective these are the least desirable cases to open

The upshot was that the level of remuneration available for legal aid work was simply insufficient to meet SNLCrsquos overheads The poor rate of remuneration created severe cash flow problems eventually forcing the Law Centre into administration on 13 October 2010

The Legal Aid Sentencing and Punishment of Offenders Bill (LASPO)

The latest figures indicate that the UK has amassed a national debt totalling pound1004 trillion representing 642 per cent of Gross Domestic Product It is estimated that the legal aid cuts in the LASPO Bill will achieve cost savings of pound350 million

In my view this projected cost saving represents a false economy At the time of writing the Bill proposes to abolish entitlement to legal aid altogether in respect of employment law welfare benefits and debt Housing law will face a 40 per cent reduction in scope The proposals will therefore remove the bulk of legal aid funding from Law Centresrsquo main practice areas leaving them without the financial means to continue their work Furthermore the Law Centres that currently receive local authority funding will face a 53 per cent cut in their annual funding over the coming year

The cumulative effect of cuts in legal aid and local authority funding will be to starve Law Centres of funds and force them to close In my view this will lead to the end of the Law Centre movement

The Impact of the Closure of Law Centres on Local Communities

If this happens the effect on Law Centresrsquo vulnerable clientele will be catastrophic As I see it the closure of SNLC impeded access to justice in the local community in the following way

applications for possession orders

p1

11the barrister

which may well lead to an increase in evictions and homelessness in the area According to a report by the New Economics Foundation (The Socio-Economic Benefit of Law Centres 2008) each local authority eviction will cost the taxpayer pound34085 compared to the pound174 cost of 95 hours of legal advice

dismissed by their employers are less likely to seek legal advice with the result that valid claims are less likely to be identified and brought within the limitation period

decisions are less likely to be appealed leading to lower household incomes increased child poverty and increased social exclusion Figures published by the Ministry of Justice on 1 December 2011 reveal that 40 per cent of First-Tier Tribunals (Social Entitlement Chamber) find in favour of those who appeal against decisions not to award them incapacity benefit

now less likely to seek advice resulting in an increase in bankruptcy and mental illness in the area It is likely that this scenario will be repeated across the country

Conclusion

The LASPO Bill was subject to a record 11 Government vote defeats in the House of Lords ndash the highest number of defeats in the last 30 years It is clear to see why In my view no one will benefit from the LASPO Bill

achieve cost savings of pound350 million as it intends Independent research conducted by the New Economics Foundation indicates that every pound1 invested in a Law Centre yields pound10 worth of cost savings and social benefits for local government If the proposed reforms are enacted these cost savings and benefits will be lost

will severely inhibit access to justice at a time when demand for legal aid has never been greater

sector of the legal profession to contract and will result in job losses with many talented advocates leaving the profession

The LASPO Bill will spell the end of neighbourhood Law Centres and leave thousands of vulnerable clients without legal redress Furthermore the destruction of the Law Centre movement will have been in vain since it is highly unlikely that the Bill will achieve its projected cost savings of pound350 million in view of all the empirical evidence available

It would therefore seem that LASPO is a Bill none of us can afford

Emily Johnson LLB (Hons)Barrister-at-law (non-practising)Emilyjohnson1596aolcom

Benefit up to 66 of taxable incomeUp to pound1200 tax free benefit per weekBenefit payable from day one or a choice of deferred periodsNo premium loadings for occupationAll our members get a tax free lump sum at retirementAn option to increase your lump sumNo penalty for frequent claims or limit on the amount of claims

Call 0121 452 1066 or email infodgmutualcouk to arrange your cover today wwwdgmutualcouk

Authorised and Regulated by the Financial Services Authority under current UK legislation

12 the barrister

IT Sets The Bar By Nick Hartwell Senior Project Manager for LEX Chambers Management at Bar Squared Ltd

Considering the current

legal landscape

and comparing it

to the landscape of

yesteryear significant

changes are apparent

Gone are the days of being able to

manage Chambers (an entity which has

been forced to morph its operational

structure to a more corporate one) using

t-cards and a paper diary Within a

profession that still enjoys a degree of

traditionalism the inevitable resistance

to change present as a result means that

knowing what steps to take to minimize

the potential risks associated with an IT

system change can be a massive hurdle

to overcome The many and varied

factors in play when it comes to the

crunch time of changing your IT the

decision is one that is often repeatedly

postponed and only finally addressed at

a time of crisis eg when a server has

failed or the realization dawns that your

current system is unable to cope with

more modern ways of working

When a server fails it is likely that

your business will be brought to its

knees You will be facing a Staff who

either struggle enormously or who are

totally unable to perform the day to day

tasks associated with their jobs Other

members of the organization will be

hampered by the effects of the staff being

rendered helpless and consequently it is

never long before you have a whole host

of massively disgruntled personalities

surrounding you all of which want

solutions immediately The position

is wholly undesirable and spells out

some very valid reasons for adopting

a pro-active stance when it comes

to Chambersrsquo IT itrsquos the core of the

business after all

So having set the scene what steps can

you take to ensure that you minimize

the risks and maximize the benefits for

your business

Polished sales techniques are simple

to achieve and can often sway your

decision one way or another It is

important to remember though that

the product or service that you are

buying should be considered over and

above the sales pitch taking references

and asking to meet with members of the

implementation service and support

teams to ensure that you are buying

precisely what you believe you are is

a sensible plan Do your utmost to

ensure that you are getting what you

think you are because the sale and

implementation is merely a fraction of

the work that is involved in the longer

term

Support and the provision of ongoing

training is important because this will

assist you in maximizing the potential

of your IT system and ultimately benefit

your business With this in mind

question whether the cost of maintenance

and support is a part of the price you

have been quoted What is the quality

of the service that you may expect to

receive from your new supplier These

are points that you must take references

in relation to from existing users Very

often companies are tempted by low

cost offerings because of the current

financial climate but sometimes as

the adage goes ldquopenny wise pound

foolishrdquo Sometimes it pays to spend a

little more than you have to so that you

might enjoy a superior level of service

Determining the requirements your

business has from its IT solution is

paramount Often people take their

existing solution for granted without

regard for what it actually does for them

and the business More often than not

systems in place within organizations

are not used to their potential and so

two key questions to ask in the first

instance is ldquoAre we making the most of

our current provisionrdquo and ldquoAre there

areas where our current provision could

be improvedrdquo

Two significant changes were recently

imposed on Barristersrsquo Chambers

that impacted the administrative

requirements Both of these changes

required programmatic changes to

be made to Chambers IT systems to

facilitate compliance with the changes

These changes specifically relating to

the BSB and client complaints procedure

and the London Boroughs Legal Alliance

forcing Chambers to stop using fee notes

and begin using invoice style billing

meant that software providers had to

react rapidly to provide Chambers with

modifications to their software in order

that they did not suffer a loss of business

efficiency

When yoursquore hunting for a supplier you

want to be sure that the end decision is

the right one and the questions listed

above should assist you in determining

amongst other things key information

about whether each supplier is credible

whether they are stable in the market

place and if they have sufficient

expertise to provide a workable solution

13the barrister

with longevity of service Itrsquos also vital

to take references from other similar

businesses about a potential service

provider ndash certainly in IT criticism is

forthcoming so ask an existing user

about their feeling towards a supplier

before you commit to anything This

way you have a valuable opinion from

somebody who has previously been in

your position

Consider the experience and expertise

that your chosen supplier has in respect

of deploying a similar solution You

should interrogate them as to lead times

for delivery the implementation process

that they have and also ensure that the

process is clearly documented If an

organization is installing many similar

systems they will have a process that

is tried and tested and you will benefit

from experienced implementation

analysts and a mechanical process that

ensures they deliver in accordance with

your requirements and on time

Fundamentally think that whilst a

company may have a fantastic reputation

in a particular field it may not be yours

Ensure that the company specializes

in your area of work Cadburyrsquos make

great chocolate but you wouldnrsquot buy a

sports car from them would you

So what makes one IT provider better

than another Once again a host of

factors come into play here Do your

potential suppliers understand and

appreciate the finer nuances of your

specialized business model Have

you asked your suppliers about their

current client acquisition rate Have

you considered the client retention

rate your supplier has in your field of

business Is the supplierrsquos presence in

your market a growing concern

As you doubtless realize the world of

IT is an ever changing one and in order

that your move to new suppliers bears

all the benefits that it should you need

to ensure that you are engaging with

an organization who are aware of the

requirement for regular updates ensuring

that your software and infrastructure

remain as modern as is possible You

should make certain that upgrades to

the software and infrastructure will not

cause your business disruption and that

they will be managed as efficiently as the

installation process to ensure that they

are a seamless process Cost is another

factor that bears thinking about and

inquiring about in advance too Some

companies may want to charge you

additional money for regular updates

This may be unnecessary and may also

come as a shock to your budget if it isnrsquot

planned for

Security of investment is therefore

crucial Is your

investment still

going to appear

as wise in 5

years Does

your provider

have a product

roadmap for

the future and

is their offering

c o m p a t i b l e

with the latest

i n d u s t r y

s t a n d a r d

s o f t w a r e

In essence

when you are

c o n s i d e r i n g

investment in

new technology

donrsquot only look

after today

consider the

position your

chosen provider

and their

solution will render you in in the coming

years

In essence if yoursquore thinking about

changing your IT be it infrastructure

software or even basic hardware talk to

others who have been in your position

and learn from their experiences Donrsquot

make a decision based solely on cost

Ensure that your chosen provider is

equipped to deal with change quickly

and effectively And finally choose the

system that not only caters for todayrsquos

requirements but that ensures you are

looked after in future

14 the barrister

Dont ignore a request to mediateHalsey applied A note on PGF II SA v OMFS Company [2012] EWHC 83 (TCC)

By Tony Allen Solicitor Mediator and Senior Consultant to CEDR

Another strong

decision has

emerged from the

Technology and

Construction Court

as a warning that

judges will not look kindly on a failure

to respond to a proposal for mediation

In PGF v OMFS [2012] EWHC 83

(TCC) Recorder Stephen Furst QC sat

as a Deputy High Court judge to hear

a dilapidations claim for just over pound1

million brought by PGF in respect of

premises in Lombard Street London

Trial was to start on 11 January 2012

but on the previous day PGF accepted a

Part 36 offer of pound700000 made by the

defendant OMFS nine months earlier

on 11 April 2011 This terminated the

substantive claim and while PGF were

entitled to costs up to the date of the Part

36 offer they sought a court order under

CPR 3610(4)(b) for OMFS to pay their

costs from April 2011 until settlement

seeking to challenge their normal

liability to pay OMFSrsquos costs after late

acceptance under CPR 3610(5)(b) PGF

argued that the ordinary expectation

that they should be liable for OMFSrsquos

costs following late acceptance should

be varied for three reasons

1 it was only on 10 January 2012

(the day before trial) that OMFS made

it clear that they were going to argue

that they were not liable for defects

in the ventilation system because that

system was actually outside the demised

premises (a point that they had not

pleaded) and about which OMFS would

need to amend at trial

2 that this was ldquoinformationrdquo

within the meaning of CPR 3614(4)

available (or not) to the parties at the

time the Part 36 was made which if

available would have materially affected

their decision as to whether to accept it

or not

3 PGF had proposed mediation

in a Part 36 offer of their own in April

2011 and again in July 2011 both of

which had been ignored by OMFS these

amounted to unreasonable refusals

giving rise to grounds for varying the

normal costs order

The judge broadly found against the

claimant PGF on the first two points

which left only the refusal of mediation

as a basis for disturbing the ordinary

costs pattern The judge applied the

tests and burden of proof established by

Halsey v Milton Keynes NHST carefully

He accepted that the burden lay on

PGF that mediation had a reasonable

prospect of success and overall to

persuade the court to vary the normally

expected costs order but he readily

found that the defendants OMFS had

behaved unreasonably by ignoring

PGFrsquos invitations to mediate and that

mediation had reasonable prospects of

success (never easy to challenge when

a case actually settled just before trial)

He also found that the claimantrsquos offer

to mediate was genuine and although

not repeatedly followed up there was

no evidence of the claimant simply

going through the motions of offering

mediation Implicitly he also accepted

the claimantrsquos assertions that the case

was well suited to mediation that

OMFS did not reasonably consider their

case so strong as to warrant refusing

mediation and that the Part 36 offers

constituted evidence of willingness to

treat with each other reasonably and

that mediation would not give rise to

undue cost or delay

The judge rejected the suggestion

that any adverse order should only be

made from the hypothetical date for

the mediation finding that the basis

for the sanction is the unreasonable

conduct which in this case coincided

with the Part 36 offers mad in April

2011 Although he declined to award

costs to PGF for the period after the

Part 36 offer had expired he awarded

PGF their costs up to the expiry of the

21 day period in May 2011 and made

no order as to costs thereafter each

party bearing their own This matches

the outcome in the earlier touchstone

case (not referred to in PGF) of Dunnett

v Railtrack

Features of the case

There are some interesting additional

features of this decision which are

worthy of comment and which bear on

the use of mediation in other sectors

Firstly the judge was prepared to infer

from OMFSrsquos silence in response to the

two invitations to mediate that they had

declined to mediate and he found those

to have been unreasonable

Furthermore there had been a previous

mediation between the parties in 2010

over another aspect of the service

charge The implication sought to be

raised by OMFS was that PGF had

adopted an unreasonable stance within

the confidentiality of the mediation

and that this was a legitimate factor

in deciding whether a later mediation

would have been successful The judge

declined to receive evidence of the

previous mediation because PGF declined

to waive privilege He also refused to

draw any adverse inference from PGFrsquos

refusal to waive that privilege for as he

commented

To do so would be to undermine the

very protection given to the parties in

relation to their conduct in a mediation

He also commented that by ignoring

the 2011 mediation proposal OMFS

had surprisingly missed the chance to

argue that point as an explanation for

their refusal He was unimpressed by the

mobilisation of such an argument so late

in the day when faced by a possible costs

sanction

This has the practical effect of making it

very unwise for a party to ignore a good

faith invitation to mediate If the invitee

feels that mediation is inappropriate

then they should say so in writing

setting out reasons fully in a way likely

to appeal to a judge later either in an

open letter or marked ldquowithout prejudice

save as to costsrdquo It also underlines

that unreasonableness demonstrated in

declining to mediate can give rise to a

sanction but unreasonableness alleged

to have occurred within a mediation is

not admissible later This is an important

distinction Unless parties can feel

entirely safe within the evidentially secure

environment created by a mediation

agreement they will be unlikely to move

It is only in cases where for whatever

reason (usually unwise) both parties

agree to disclose attitudes taken within

a mediation that the court can have

the right to adjudicate on such matters

The outcome for the Earl of Malmesbury

in his claim against Strutt and Parker

([2008] EWHC QB 4240 is a salutary

lesson about doing so demonstrating

that a judge is only likely to find one of

the parties to have been reasonable in

their attitude at a mediation and might

well penalise the other one

Secondly OMFS sought to escape a

sanction by arguing that the mediation

Citroen Wells - Chartered AccountantsampŝƌƐƚĐůĂƐƐƐĞƌǀŝĐĞĂƚĂīŽƌĚĂďůĞƉƌŝĐĞƐǆƉĞƌƚĂĐĐŽƵŶƟŶŐƐĞƌǀŝĐĞƐĨŽƌĐŚĂŵďĞƌƐĂŶĚďĂƌƌŝƐƚĞƌƐ

ƚŝƚƌŽĞŶtĞůůƐǁĞƌĞĂůůĂďŽƵƚƚĂŬŝŶŐƚŚĞƉƌĞƐƐƵƌĞŽīǁĞďĞůŝĞǀĞŝŶƉƌŽǀŝĚŝŶŐĂŶƵŶƌŝǀĂůůĞĚůĞǀĞůŽĨƐĞƌǀŝĐĞ^ŽǁŚĞƚŚĞƌǇŽƵƌĞĂďĂƌƌŝƐƚĞƌŽƌĐŚĂŵďĞƌƐʹǁĞƌĞŚĞƌĞƚŽŚĞůƉtŚĂƚĞǀĞƌƚŚĞĮŶĂŶĐŝĂůŝƐƐƵĞŝƚƌŽĞŶtĞůůƐŚĂƐƚŚĞĞǆƉĞƌƟƐĞŝŶ

ŵĂŝůƵƐƵƐŝŶŐŽƵƌĚĞĚŝĐĂƚĞĚĂƌƌŝƐƚĞƌĂŶĚŚĂŵďĞƌƐĞͲŵĂŝůĂĚĚƌĞƐƐďĂƌƌŝƐƚĞƌƐΛĐŝƚƌŽĞŶǁĞůůƐĐŽƵŬǀŝƐŝƚǁǁǁĐŝƚƌŽĞŶǁĞůůƐĐŽƵŬŽƌĐĂůů020 7304 2000ŝƚƌŽĞŶtĞůůƐĞǀŽŶƐŚŝƌĞŽƵƐĞϭĞǀŽŶƐŚŝƌĞ^ƚƌĞĞƚgtŽŶĚŽŶtϭtϱZƐŬƚŽƐƉĞĂŬƚŽĂǀŝĚZŽĚŶĞǇŽƌĂǀŝĚDĂƌŬƐZĞŐŝƐƚĞƌĞĚƚŽĐĂƌƌǇŽŶĂƵĚŝƚǁŽƌŬŝŶƚŚĞhltĂŶĚƌĞŐƵůĂƚĞĚĨŽƌĂƌĂŶŐĞŽĨŝŶǀĞƐƚŵĞŶƚďƵƐŝŶĞƐƐĂĐƟǀŝƟĞƐŝŶƚŚĞhltďǇƚŚĞŶƐƟƚƵƚĞŽĨŚĂƌƚĞƌĞĚĐĐŽƵŶƚĂŶƚƐŝŶŶŐůĂŶĚĂŶĚtĂůĞƐ

gtgth^EKtKE

02073042000 dĂǆWzĂŶĚsdŝŶǀĞƐƟŐĂƟŽŶƐ

ĐĐŽƵŶƚƐĂŶĚƚĂǆƌĞƚƵƌŶƉƌĞƉĂƌĂƟŽŶ

ŽŽŬŬĞĞƉŝŶŐsdƌĞƚƵƌŶĂŶĚƉĂǇƌŽůůƐĞƌǀŝĐĞƐ

ŽŶƐƚƌƵĐƟǀĞƚĂǆĂŶĚĮŶĂŶĐŝĂůƉůĂŶŶŝŶŐ

ĐĐŽƵŶƚĂŶƚƐƌĞƉŽƌƚƐĨŽƌĐŽŵŵĞƌĐŝĂůůŝƟŐĂƟŽŶ ŝŶǀĞƐƟŐĂƟŽŶƐĂƐƐĞƚƚƌĂĐŝŶŐĂŶĚŝŶƐŽůǀĞŶĐǇ

15the barrister

would not have worked because of the

absence of expert valuation reports

when the mediation would have taken

place Again the judge said

The court should be wary of arguments

only raised in retrospect as to why a

party refused to mediate or as to why it

cannot be demonstrated that a mediation

would have had a reasonable prospect

of success First such assertions are

easy to put forward and difficult to

prove or disprove but in this case are

unsupported by evidence Secondly and

in any event it is clear that the courts

wish to encourage mediation and whilst

there may be legitimate difficulties in

mediating or successfully mediating

these can only be overcome if those

difficulties are addressed at the time

It would seem to me consistent with the

policy which encourages mediation by

depriving a successful party of its costs

in appropriate cases that it should also

deprive such a party of costs where

there are real obstacles to mediation

which might reasonably be overcome

but are not addressed because that

party does not raise them at the time

This is a gloss on Halsey which

does much to remind us that Halsey

actually decides that costs sanctions

are permissible against a successful

party who either ignores a judgersquos

recommendation or another partyrsquos

genuinely intended invitation to

mediate so long as the Halsey criteria

are met Halsey read through the eyes

of this decision seems somewhat more

daunting than before

The judge also discussed what

mediation can achieve even when all

material has not been assembled to

the level required for a trial and was

prepared to disregard such arguments

in deciding whether mediation would

have worked He shows considerable

understanding of the way negotiations

proceed in mediations by doing so He

commented

Experience suggests that many disputes

even more complex disputes than the

present are resolved before all material

necessary for a trial is available Either

parties know or are prepared to assume

that certain facts will be established

or during the course of a mediation

such information is made available

often on a without prejudice basis The

rationale behind the Halsey decision is

the saving of costs and this is achieved

(or at least attempted) by the parties

being prepared to compromise without

necessarily having as complete a

picture of the other partiesrsquo case as

would be available at trial

He added that getting necessary

information first might be a good reason

for postponing a mediation and for

avoiding an adverse costs order but

this was not the case here

This is often the reason given for not

mediating or even trying to settle

clinical negligence claims until very late

in their life before trial Of course there

is a trade-off between the savings in cost

and time as against less information

about the evidence if earlier settlement

is attempted but what this judgersquos

approach commends is that this should

normally and legitimately be explored

by actual engagement in such processes

rather than by participating in a stand-

off No one is compelled to settle in a

mediation and the court door remains

open to any party who thinks their case

is better heard than settled

The third and more general point to

make about the judgment in HGF v

OFMS is the pleasure it gives to

discover a judge who has an excellent

understanding of the dynamics of

mediation This permeates Recorder

Furst QCrsquos judgment In commenting

on the reasonableness of each partyrsquos

braod approach he comments

In any event the skill of a mediator lies

in drawing out seemingly intractable

positions

Later in relation to the gap between the

parties at the time of the Part 36 offers

and the mediation proposal

The essence of all successful mediations

is a willingness to compromise andor

the realisation that certain points are

not as strong as the party believedhellip

in my view there was a reasonable

prospect that these parties given the

essentially commercial nature of the

dispute and being well advised would

have been prepared to compromise and

or would have accepted that various

points raised were not as strong or

certain as the open position which they

adopted

What next

We can now perhaps anticipate a

generation of judges which was in

private practice in the era during

which mediation has been normalised

and many of whom will have been

fully involved in representing parties

in mediations and acting as mediators

is emerging They will almost certainly

make a considerable difference to

judicial attitudes and understanding

of the mediation process in ways

which articles like this seminars

and theoretical training cannot hope

to match for effectiveness nor even

the publicising of anonymised case

studies bound as mediation is by the

confidentiality provisions which are

what make it work so effectively

16 the barrister

TO COURT OR NOT TO COURT THE QUESTION OF ADR OPTIONS IN DILAPIDATION DISPUTESIn many Dilapidation Cases the quantum of damages involved does not make court a cost effective option In others the construction technicalities involved may lead to the parties being reticent over referring the dispute to those without specialist technical knowledge and experience So what alternative options do parties to a Dilapidations dispute have

For claims that warrant the cost perhaps the most obvious option is to seek reference to the Technology and Construction Court (TCC) which operates within both the County and High Courts Claims between landlord and tenant for breach of a repairing covenant are specifically listed within the TCC Practice Direction as being appropriate to bring in TCC which does have the specialist technical knowledge to deal with the issues involved in disputes of this nature including Diminution Valuation arguments

TCC procedures can have the advantage of being more relaxed and may often seek to deal with trials in stages in the hope of reducing cost However they are still court proceedings and although there will be a great deal of effort to keep costs proportional this may not be the answer in the majority of claims

So would Arbitration or Expert Determination be a better option In theory yes Either is extremely well suited to this type of dispute allowing the parties to pursue a resolution with the kind of informality and flexibility that can produce fair and cost effective results However in practice it is not always easy to find one individual with the experience and knowledge to assess all aspects of a claim and appointing a panel can quickly lead to an escalation in costs that makes court start to look like a viable option

Even if a suitable individual can be found one or other party often feels reluctant to be bound by a single personrsquos opinion outside of a court room Their preference is to seek guidance and assessment rather than a binding decision It is within this context that perhaps two of the best options can be considered as a single solution

Early Neutral Evaluation (ENE) is a non-binding without prejudice assessment of a claim and of its defence at a stage before a dispute even reaches the courts and before major cost is incurred by either party It involves a jointly appointed Expert in the field following flexible procedures in order to guide the parties in the relative strengths and weaknesses of their cases

In those ENErsquos that I have been involved in I have been able to sit down with the building surveyors around a table to debate the Scott Schedule and clearly identify where points are being pushed too far on a clientrsquos behalf The movement that this alone can create towards a compromise settlement often needs to be witnessed to be believed

A similar exercise can then be undertaken with Diminution Valuers but more often in ENErsquos I am asked to prepare a single Diminution Valuation on behalf of both parties Being part of the ENE process this remains privileged but again it will frequently move the parties closer to being able to settle their differences

In my experience the most important aspect of this option is that it does not bind the parties and they are therefore comfortable being open It does however provide invaluable guidance as to how an impartial mind assesses the situation and so long as the process has been entered into with an honest intent to seek a settlement I have yet to see the parties fail to substantially narrow the gap in their positions Although Mediation can be an option on its own it is at this stage following an ENE that I have seen it be most effective if a settlement has not already been reached Again the process is confidential and without

prejudice so will not leave either party disadvantaged As a result they can afford to be open and to explore a settlement with the knowledge of the likely strengths and weaknesses of their case and without fear of compromising their position

A skilled Mediator armed with an ENE has an extremely strong platform from which to enable the parties to reach a compromise agreement often incorporating elements that are key to them but which would be impossible or extremely difficult to achieve in litigation or ArbitrationExpert Determination

There is always the possibility that one or two issues in a dispute may not be capable of being resolved in this way but even then following the ENEMediation process can lead to a position where the dispute is narrowed to an eitheror scenario that can be put before the court with only minimal issues requiring judgement In this way substantial cost can be saved and a more amicable resolution reached

With ADR and the partiesrsquo conduct being ever more closely scrutinized by the courts ENEMediation is likely to have a strong developing role in dilapidation disputes

John Williams is a Fellow of the RICS an Associate of the CIArb and a Member of the Expert Witness Institute He is a CUBS Accredited Expert Witness and has 18 yearsrsquo experience of Dilapidation Disputes For More Information ContactJohn Williams FRICS ACIArb MEWI

johnwilliamsmapleleaf-pccouk Visit wwwmapleleaf-pccouk

17the barrister

18 the barrister

Minority Legal Orders in the UK

By Professor Maleiha Malik

Minority Legal Or-ders in the UK Minorities Plu-ralism and the Law is a new

report looking at

the distinct religious and cultural norms

of groups such as Jews Christians

Muslims and others whose community-

based laws are often misleadingly de-

scribed as lsquoparallel legal systemsrsquo Since

911 and 77 these alternative legal or-

ders have been mainly discussed in the

context of Islam and sharia law and of-

ten sensationalised by the media as an

ominous threat to our liberal democracy

Minority Legal Orders in the UK sets out

the practical ways in which the state can

respond to and work with minority le-

gal orders The report recommends fur-

ther research to understand the impact

of minority legal orders in the UK and

fully appreciate the impact this legal in-

tegration has on individuals The report

discusses both the historical and con-

temporary experiences of religious and

cultural diversity that underpins minor-

ity legal orders in the UK

Key points raised in the report include

the fact that minority legal orders are

not a new phenomenon As early as the

medieval period Europe had laws that

overlapped - incorporating different

geographical and cultural legal systems

The report notes that in a modern lib-

eral democracy the state is the sovereign

legal system Where there is no conflict

with a human right or an equality right

it is sometimes reasonable for people

to make requests for the legal accom-

modation of their cultural or religious

practices including their minority legal

traditions

Cultural and religious diversity in the UK

is and will continue to be a crucial con-

text in which lawyers and judges make

decisions Personal identities are fluid

and an individual can consider them-

selves part of several cultural and reli-

gious communities But although indi-

viduals have choices about their identity

special attention needs to be paid to en-

sure that vulnerable individuals within

a minority ndash such as women gays les-

bians the elderly and children - are not

caused harm because of membership of

their cultural or religious community

For these reasons Minority Legal Or-ders in the UK Minorities Pluralism and the Law recommends that the Equality

and Human Rights Commission should

examine the impact of minority legal or-

ders on these groups especially women

users who need to have access to reli-

gious marriages and divorces This is

an important part of the EHRCrsquos work to

safeguard the human rights and equality

for all citizens including women from

cultural and religious minorities


a mixture of approaches and techniques

can be used in legal and political pro-

cesses to make sure that minorities are

heard liberal democratic values are up-

held and that final decisions have cred-

ibility in the eyes of the majority More

specifically legal techniques that are

available to lawyers and judges include

the twin concepts of lsquocultural volunta-

rismrsquo (which includes lsquoseverancersquo) that

can be a useful guide to adjudication in

the context of legal cases that involve

minority cultural and religious practic-

es Cultural voluntarism allows the mi-

nority legal order to function but it gives

clear precedence to state law especially

where there is a conflict between the mi-

nority legal order and a human right or

equality law Severance is the idea that

the different minority practices (norms

and rules) can be separated so that they

can be assessed and evaluated indepen-

dently of the whole minority legal order

Taken together cultural voluntarism

and severance maintains the right of the

state (judges legislators and public of-

ficials) to pick and choose whether and

how they want to reject recognise or

accommodate the minority practice

Recent decisions of the UK courts illus-

trate the way in which cultural volun-

tarism can work in practice KC amp NCC v City of Westminster Social and Com-munities Services Department amp Anor1

concerned the validity of a marriage

between an incapacitated adult male

resident in England and his bride who

was a Bangladeshi citizen The Court of

Appeal held that a marriage that was

permissible according to the rules of the

local Muslim community was not rec-

ognised under English law because of

public policy considerations Unlike the

European Court of Human Rightsrsquo deci-

sion in Refah Partisi (The Welfare Party) and Others v Turkey2 the UK Court of

Appeal did not make blanket statements

that Muslim legal norms (also sometimes

called the sharia) were always and for

all time incompatible with state law or

democratic values Instead those Mus-

lim norms that were contrary to public

policy were precisely identified and held

to be incompatible with public policy

The flexibility that is available through

a process of cultural voluntarism has

some advantages It may however also

have disadvantages because it can cre-

ate uncertainty A lsquocultural voluntarismrsquo

approach will make it more difficult to

19the barrister

predict when how and on what terms

there will be intervention Individuals

who are members of minority communi-

ties may become unsure about whether

or not one of their cultural or religious

practices (such as marriage or divorce)

will be recognised enforced or carry

legal consequences In practice fears

about uncertainty may be exaggerated

The response of the state legal system

will be easy to predict in situations that

involve violence coercion or the clear

breach of a common human right or

equality standard In borderline cases

the state legal system will need to pre-

cisely scrutinise the rules of the minor-

ity legal order to consider the impact

not only on the individual parties and

minority community but also the wider

public interest of the majority

Although cultural voluntarism may cre-

ate some uncertainty this approach also

provides opportunities for the transfor-

mation of the minority legal order Dia-

logue between mainstream state legal

institutions and the minority legal order

can be used to encourage the minority

(cultural or religious) group to reconsid-

er their own norms in the light of liberal

constitutional principles such as equal-

ity One recent example that illustrates

this point is the negotiation between

the Disability Rights Commission and

Muslim religious authorities that led to

the restatement of Muslims norms that

had previously prohibited contact with

dogs This restatement made clear that

Muslims could come into contact with

guide dogs in order to provide services

(such as access to restaurants and taxis)

to the blind and the partially sighted

This particular dialogue between the

Disability Rights Commission and Mus-

lim organisations was so successful in

permanently shifting Muslim norms that

some mosques have now allowed entry

to guide dogs3

A liberal democracy can follow differ-

ent approaches to minority legal orders

ranging from absolute prohibition using

the criminal law through to mainstream-

ing In some situations the norms of the

minority legal order will cause harm to

an individual and they will need to be

prohibited using the full force of the

criminal law where necessary In other

contexts there may be no conflict or a

convergence so that it is possible to in-

corporate some aspects of the minority

legal order without undermining human

rights equality law or public policy In

order to decide which approach is ap-

propriate the state legal system and its

representatives (judges and legislators)

need to have detailed and accurate fac-

tual information about minority legal

orders in the UK This is why it is im-

portant for us to move beyond the sen-

sationalised discussion of this issue that

has focused on Islam and sharia law

Instead we need to have a sensible and

objective public discussion about how

the state can

work construc-

tively with minor-

ity groups and

their minority le-

gal traditions

Author Details

Maleiha Malik is

Professor of Law

at Kingrsquos College

University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-

port and the executive summary can be

downloaded at

httpwwwbritacacukpolicyMinori-

ty-legal-orderscfm

1 [2008] EWCA Civ 198

2 Judgment of the European Court of

Human Rights Strasbourg February

13 2003

3 See Maleiha Malik lsquoFrom Conflict to

Cohesion Competing Interests in Equal-

ity Law and Policyrsquo at pp15-16 (Equal-

ity and Diversity Forum London 2008)

Sometimes itrsquos not the piano

that needs restoring itrsquos the pianist

DĂŬĞĂĚŝīĞƌĞŶĐĞƚŽŵƵƐŝĐŝĂŶƐůŝǀĞƐďǇůĞĂǀŝŶŐĂŝŌŝŶǇŽƵƌtŝůů

ϳͲϭϭƌŝƚĂŶŶŝĂ^ƚƌĞĞƚgtŽŶĚŽŶtϭyϵ^Chairman dŚĞŽŶZŝĐŚĂƌĚgtǇƩĞůƚŽŶŚŝĞĨǆĞĐƵƟǀĞĂǀŝĚ^ƵůŬŝŶ

ZĞŐŝƐƚĞƌĞĚŚĂƌŝƚǇEŽϮϮϴϬϴϵ

ampŽƌŵŽƌĞŝŶĨŽƌŵĂƟŽŶĐĂůůϬϮϬϳϮϯϵϵϭϬϬĞŵĂŝů

ůĞŐĂĐǇΛŚĞůƉŵƵƐŝĐŝĂŶƐŽƌŐƵŬŽƌǀŝƐŝƚŚĞůƉŵƵƐŝĐŝĂŶƐŽƌŐƵŬ

20 the barrister

The politics of fee sharing

By John Binks Bar Consultancy Network

This article looks

at competition for

publicly funded Crown

Court work the impact

of the increasing trend

of solicitors offering

their HCA services to other firms as an

alternative to the independent Bar and

at opportunities for the Bar to respond

with new business models

In 2007 the Legal Services Commission

revised its Advocated Graduated Fee

Scheme (AGFS) It opened the door

for fee sharing in Crown Court cases

and for agency arrangements between

independent firms of solicitors employing

HCAs The Bar Council responded by

suggesting such arrangements were in

breach of both BSB and LSC rules on

referral fees

The LSC contract does prohibits the

payment of referral fees of any kind in

legal aid work (and SRA rules prohibit

payment of referral fees in crime) Both

the LSC and SRA do however allow

agency agreements Consequently if

a bona fide agency agreement exists

then any money changing hands by way

of fee sharing within that agreement

is necessarily not a referral fee In

response to Bar Council concerns the

LSC published Guidance Fee Sharing

Referral Fees of November 2009 The

LSC did not accept the Bar Council

interpretation of fee sharing as lsquoreferral

feesrsquo and in Referral Fees Referral

Arrangements and Fee Sharing in May

2011 the Legal Service Board the BSB

SRA regulator followed suit

Thus the ring fencing that protected

counselsrsquo fee for Crown Court advocacy

was effectively removed

Whilst the Bar Counsel has attempted

to limit the extent of fee splitting

arrangements in AGFS cases between

solicitor and counsel the Barrsquos solicitor

competitors are not subject to similar

professional controls The price

incentives available to solicitors for

referring cases to external HCAs have

become ever more significant HCA fee

splitting arrangements on an individual

case basis are followed by the increasing

emergence of bulk agreements between

firms for the referral of most or all of

their crown court work The fee splits

on such arrangements can result in

the referring firms retaining as much

as 30 value of the work passed on

Within such agreements some of the

most serious top end work will still

leak out to the Bar but even these

volumes of work will decrease as the

HCAs involved become more confident

and more experienced at top end work

This should be an issue for real concern

for the Bar Whilst the largest top end

firms have for some time been able to

retain the majority of advocacy work

with in house HCArsquos the percentage of

overall crime work going through the

biggest firms is in reality fractional The

vast majority of crime work is covered

by mid-range firms who often cannot

justify maintenance of expensive HCArsquos

The opportunities now arising for these

firms to ship out whole-sale their crown

court advocacy in return for a significant

fee split is extremely tempting for them

and extremely damaging to the Bar

Models are emerging that can offer firms

the possibilities provided by solicitors

offering HCA agency services with the

added ( and very significant) advantages

that they are not compelled to deal with

potential competitors and they are able

to continue ot access the services of

experienced and trusted counsel

Whilst the manner in which such

models may operate will vary it should

be expected that the principles on which

they will be based will be common

1 They will supply services direct

In the principle of the Procureco is

not a bad idea A vehicle designed

to secure high volume work to be

allocated to regulated providers can

work exceptionally well Day time TV

carries endless streams of adverts for

companies seeking personal injury

claims and more recently employment

protection insurance based claims

What is questioned is whether buying

into a model that may have potentially

placed the Bar in competition with

companies unregulated to supply legal

services is a good idea The Bar should

perhaps breathe a sigh of relief that

the LSC in particular never warmed to

dealing with Procureco or any other

unregulated middle- man In electing

to do so procurement law may well

have required the LSC to entertain all-

comers compelling them to take bids

from any unregulated company offering

to subcontract LSC work in the manner

of the Procureco

2 As they do supply services direct they will be regulated

A vehicle that contracts and itself

delivers legal services has the

advantage that it can both guarantee

and closely control the manner in which

the services are delivered From the

point of view of any purchaser of legal

services these are extremely attractive

qualities in particular for the LSC and

local authorities for whom the political

and financial cost of failure of delivery

21the barrister

bounces back on the purchaser and is

ultimately borne by government Direct

provision means the vehicle must be

regulated within the terms of the Legal

Services Act 2007 In dealing with a

regulated body the client is however

buying a guarantee of quality and

probity the unregulated Procureco or

any other similar vehicle can never

offer

3 For the foreseeable future the choice of regulator will be the Solicitors Regulation Authority

Whilst the BSB does not currently

regulate any structure other than the

traditional chambers model barristers

seeking to change business models do

have a choice of regulator A vehicle

designed and controlled by barristers

with the primary purpose of providing

advocacy services may still elect to

be regulated by the SRA as long as

it includes at least one solicitor at a

managerial level Whilst this new entity

may be an ABS it may well be wholly

lawyer (ie solicitor and barrister)

owned In the latter case the entity may

opt to be a traditional lsquoauthorised bodyrsquo

SRA registration will be quicker and

less complex and the end result may be

more attractive to insurers Whatever

form of model is chosen inclusion of

barristers and a solicitor will create

dual regulation Whilst the barrister

members will personally be regulated

by the BSB the entity will be regulated

by the SRA In cases of conflict as to

what the competing regulations allow

the section 52 of the Legal Services Act

2007 specifies that the entity regulator

will crucially prevail

4 They will concentrate on doing what they do best

At a time when both branches of the

legal profession may profitably support

each other the Bar pursued a Procureco

model aimed at competing direct for

LSC contracts and pursues direct

public access At the same time areas

of the solicitors profession threatens

to lsquoblacklistrsquo any chambers having the

audacity to make change to ensure that

the Bar survives as a referral profession

for publicly funded crime Both halves

of the profession are good at what they

do the models that are most likely to

succeed are those that allow them to

concentrate on that and support each

other

Whilst the creation of such entities

carryrsquos some cost (including an

unwelcome move into the realm of

solicitor insurance) they bring the

opportunity of engagement in current

markets rather than standing in the

side-lines They offer the flexibility

of working together with instructing

solicitors providing services in a

manner that is most efficient and best

suits the client (rather than as dictated

by LSC funding arrangements) They

afford the opportunity of offering

a choice to those now referring or

considering referring advocacy work to

HCA firms Barristers can offer their

services to solicitors on a level playing

field with common regulation

The regulatory arrangements simplified

for the purposes of this article are

complex particularly so in implementing

models designed to reduce or remove

loss of work due to conflict and to allow

the retention of prosecution practices

It is however of course crucial that

regulatory requirements are adhered to

and as both branches move into an

era of outcome focussed regulation it is

not always completely clear how those

requirements may be best demonstrated

The innovations mentioned at the

commencement of this article whilst

unwelcome in some quarters do

operate within the ambit of current

regulatory and contractual BSB SRA

and LSC requirements More informal

practices which have always been

present but which inevitably become

more prevalent when some areas of

work (and associated fees income)

decline are often not

Whilst any professional sanction

is of course serious counsel should

increasingly bear in mind the effect of

any such sanction on the ability to be

involved in new models and associated

tenders for work LSC tenders have

for some time included a requirement

to declare issues arising out of breach

of regulatory requirement This

requirement has not touched counsel to

date but may well do in future Of more

immediate impact are requests for such

declarations now becoming routine

in local authority tenders Breach of

regulatory requirement accordingly

carries with it the possibility of sanction

by regulators and additionally a bar

to future involvement in elements of

competition The personal nature of

any professional sanction could be long

lasting and counsel should always of

course bear in mind their responsibility

for actions of their clerking staff as well

as personal actions

For those that invest time and effort in

change the rewards can be great At

least one SRA regulated entity already

operates within some of the principles

outlined above and others are sure to

follow Whilst the structural change

required is relatively simple the cultural

change required is significant Crucial

is a move from operating on the basis

of personal interest to operating as a

corporate entity with a corporate will

The level of commitment by all involved

and the degree of change that has to be

accepted in order to achieve success

should not be underestimated

22 the barrister

Bar Chairman tells Russian Legal Forumndash We must be Committed to the Rule of Law


Chair of Criminal Bar Association The Criminal Justice System is at Risk

Michael Todd QC the Chairman of the Bar Council which represents barristers in England and Wales told delegates at the second St Petersburg International Legal Forum that the legal community must share a commitment to the rule of law if it is to remain relevant to the societies and clients it serves

Speaking after the Lord Chancellor and Secretary of State for Justice the Rt Hon Kenneth Clarke QC MP concludes his remarks Michael Todd QC who recently addressed the leaders Cayman Islands legal community on ethics and the rule of law will say

As legal services become increasingly globalised it is more important than ever that we share common values which stand above and apart from our commercial interests They are an unerring commitment to the rule of law and an independent and transparent judicial process As lawyers whatever the public perception of us may be if we are to secure the confidence of our commercial clients and the public in a justice system which is and is seen to be fair and equal then we must ensure that it is open and accessible to all and that we act with the highest standards of ethics and integrity

This forum provides an excellent opportunity for us to share our domestic experiences and consider how we can effectively ensure together that we translate those positive examples onto the international stage That is the foundation upon which the relevance and attractiveness of our services must be built

JAC Chairman Christopher Stephens said The JAC welcomes the Governments proposals These include many very positive changes

We are pleased to see provisions to extend salaried part-time working to the High Court and above and for the JAC to have more involvement in the selection of Deputy High Court Judges The principles that there should be a lay chair and an odd number of members for senior selection panels are also positive

In relation to the JAC we are happy the Lord Chancellor wishes to retain the current number of Commissioners for now We also welcome the introduction of a specific provision to clarify that where two persons are of equal merit the JAC can select the more diverse candidate It is essential to be clear on the detail of how this will work in practice We will work with the Ministry of Justice and interested parties on this and will continue to stress that increasing the diversity of the pool of eligible candidates is just as important for judicial diversity

The Ministry of Justice (MoJ) response to the consultation can be read on the MoJ website where there is also information about to the Crime and Courts Bill

Max Hill QC Chairman of the Criminal Bar Association (CBA) warned the Government that the criminal justice system is at risk because barristersrsquo role within it is becoming increasingly less viable

The results of a survey of CBA members show high levels of disaffection at the criminal Bar The majority of respondents had experienced delays in payment from the Legal Services Commission and 89 would be willing to take direct lawful action such as refusal to attend court

Speaking at the CBArsquos Annual Dinner at Middle Temple Hall to an audience including the Lord Chief Justice of England and Wales he said

ldquoWho are the guardians of the public interest the gatekeepers for access to justice and the protectors of the rights of the individual in British society Politicians like to think it is they who stand for Joe Public and they who hold greedy lawyers to account But that is not the truth now if it ever was before

ldquo[hellip] We at the criminal Bar uphold the public interest in access to justice and the maintenance of a proper criminal justice system whilst it is the Government who are obsessed by money

ldquo[hellip] I came into this job when elected as Vice Chairman two years ago knowing it would not be easy I knew that against a background of financial recession the new Government would implement the three-year plan for defence fee cuts announced in the dying days of the old Government I knew that the current administration was set on carving up the publicly-funded legal landscape [hellip]

newsround

up

23the barrister

CILEx ldquoextremely disappointedrdquo as LASPO Bill is set to become law

Legal Profession Unites For Largest Ever London Legal Walk


The Chartered Institute of Legal Executives (CILEx) is extremely disappointed that after a parliamentary passage that saw it defeated 14 times in the Lords the controversial Legal Aid Sentencing amp Punishment of Offenders Bill (LASPO) now awaits Royal Assent

Chief Executive of CILEx Diane Burleigh said ldquoCILEx is extremely disappointed by the Governments rejection of Lord Pannickrsquos amendment ensuring people should have access to legal services that lsquoeffectively meet their needsrsquo It was absolutely vital that the Bill contained a statement of principle that the purpose of legal aid is to promote access to justice within the available financial resources

ldquoThe Bill still fails to recognise that equal access to the law is fundamental to the functioning of democracy People need to have the means to enforce their legal rights The Bill will remove such means from some of the most disadvantaged groups in society Justice will pay the price of these reformsrdquo

Speaking at CILExrsquos historical graduation on Monday (23 April 2012) Lord Phillips of Sudbury criticised the bill stating ldquoLaw is vitally important in the lives of our fellow citizens more so today than ever before there is no justice in a democracy unless it is available to the poor and the rich

Lord Pannick did not push his amendment further but referring to the coalitions plans for Lords reform said that if he were a member of an 80 elected House he would have pushed his amendment He described the bill as bad but Shadow Justice Minister Lord Bach went further saying that the Bills provisions on social welfare law are not just bad they are wickedrdquo

The legal profession showed their support for the free legal advice sector A record-breaking 6000 people have signed up to participate in this yearrsquos London Legal Walk which last year raised 497000 for legal advice services providing free support and assistance to some of the most vulnerable members of society

The Chairman of the Bar Council which represents barristers in England and Wales and the Presidents of the Law Society which represents solicitors and the Chartered Institute of Legal Executives (CILEx) which represents chartered legal executives will be among those leading this 10km sponsored walk around some of Londonrsquos legal landmarks

The London Legal Walk is the largest of many legal walks taking place across the country attracting the support and participation of senior judges lawyers and politicians including the Lord Chief Justice the Master of the Rolls the Attorney General and the Director of Public Prosecutions

Michael Todd QC Chairman of the Bar Council said ldquoAt a time of deep cuts to the public purse including legal aid and local government budgets the funds raised by the London Legal Walk are needed more than ever I am proud to be leading thousands of walkers in support of the many excellent organisations providing free legal advice across London all of which provide vital support to people in their darkest hoursrdquo

More women and people from minority backgrounds will be encouraged to become judges under plans announced by Justice Secretary Kenneth Clarke

Mr Clarke revealed that new laws would be put in place to remove obstacles which can limit diversity in the judiciary They include changing the rules to extend part-time working patterns for senior judges intended to help balance work and family lives and enabling lsquopositive actionrsquo for appointments ndash meaning that if two candidates are completely equal in their abilities a selection can be made on the basis of improving diversity

The moves will not change the over-riding principle of appointments based on merit but are intended to enable clear career progression encourage applications from a wider talent pool and continue to create a judiciary which reflects society

The changes are the latest part of ongoing work to bring more diversity among judges which is being carried out in partnership with the judiciary the Judicial Appointments Commission (JAC) and the legal professions

Justice Secretary Kenneth Clarke

ldquoWe are lucky in this country that we have the finest judiciary in the world We intend to build on that ndash we will continue to recruit the very best judges but at the same time we will do what we can encourage top applicants from a diverse range of backgrounds so that the judiciary better reflects societyrdquo

newsround

up

24 the barrister

Personal computers

can be found in three

quarters of British

homes nearly all

permanently connected

to the Internet via

broadband There is scarcely a

business that does not make extensive

use of computers if only for accounts

banking and tax returns There are

130 cellphone contracts per 100 of

the population 11 million of them are

smartphones in effect computers There

is a reinforcing multiplier cheaper

more powerful computers with ever

lower cost bulk storage coupled with

faster communications speeds stimulate

entrepreneurs to create new types of

Internet based services including social

media - which in turn prompts increased

ownership and usage of computers

Everywhere an individual goes extensive

digital footprints are being created all

can become evidence and if not may

need to be disclosed

A few years ago computer evidence

meant printouts of the formal

transaction records of a business plus

the examination of computer hard disks

to recover deleted files But today it is

increasingly difficult to separate out the

cyber elements in peoples lives In a

very wide number of civil and criminal

cases digital evidence particularly

from relatively informal sources such

as emails social network postings

tweets blogs and the like have become

an important part of the building of an

overall case Parallel with the recording

of events on computers directly linked

to individuals are records created by

third parties such as ISPs banks other

financial institutions and many large

organisations ndash much of which can be

obtained via a court order under CPR

3117 or for proposed litigation a

Norwich Pharmacal order1

Digital evidence can show intentions

indications of research even the

movements of individuals over time

The abundance of potential digital

evidence presents both opportunities

for lawyers ndash the possibility of much

detail about a sequence of events ndash

but also a number of challenges the

material has to be located formally

acquired preserved analysed

properly interpreted and then presented

in palatable form to a court With the

greater use of informal material issues

of the probative value of some forms of

computer evidence come to the fore

For many practitioners one suspects

the complexity and size of the tasks only

became apparent when the E-disclosure

rules came into force in October 2010

CPR31 now has a detailed questionnaire

as Practice Direction 31B2 It indicates

the thoroughness with which parties are

expected to discharge their disclosure

obligations But it also provides useful

guidance to finding valuable evidence in

the first place

We can take each one of these challenges

briefly in turn

Evidence location and identification

In criminal proceedings the work of

identifying sources of likely evidence

will probably have been carried out by

the police but in most civil litigation

an important task for both solicitors

and counsel is to assist their client in

understanding what evidence might

exist The e-disclosure questionnaire

was not designed specifically for this but

it helpfully draws attention to such items

as the forms of electronic communication

including e-mail the various types of

electronic documents and electronic

databases ndash and all their back-ups It is

perhaps less good in its current form

in requiring respondents to consider the

range of computers upon which material

may be found and in particular stressing

that much information may now be

located on personally-owned computers

as well as on more obvious corporate

machines

For more complex exercises or where

there is a suspicion of concealment

wilful destruction or forgery it may be

advisable to call in a specialist expert

with knowledge of large corporate

systems

Evidence acquisition

The next stage is the process of formally

acquiring evidence so that it can become

if required an exhibit Activity within a

computer is highly volatile and most

Digital EvidenceManaging the ChallengesBy Peter Sommer

25the barrister

digital exhibits are snapshots at a

particular point in time It is all too easy

for evidence to be contaminated in the

course of collection The Association

of Chief Police Officers (ACPO) has a

frequently updated publication called

Good Practice Guide for Computer

Evidence3 which contains both general

principles and specific advice For the

individual personal computer the gold

standard is the forensic disk image

Typically the hard disk or other storage

medium is placed in special hardware

which stops the disk being written to and

specialist software is deployed to make

a copy of the entire contents including

locations which appear to be empty

The process freezes the scene but also

optimises the opportunity for advanced

recovery of deleted matter A further

advantage is that once the disk image has

been created the original machine can be

safely left in storage and as many copies

of the disk image supplied to whoever

wishes to examine it

But this procedure plainly does not work

for large computer systems where there

are the twin problems of quantity and the

need to keep the system running during

collection if the business that it is serving

is not to suffer A controlled considered

extract must be taken In this situation

one of the other strictures of the ACPO

guidelines comes to the fore ndash the need

to maintain a full audit trail of all activity

Carried out properly the process of

evidence acquisition produces a witness

who can be cross examined as to what

they have done (and any judgements

they have made during the exercise) but

a series of exhibits which are difficult to

reject

During a live internal investigation

counsel may find themselves asked to

advise on legality of methods ndash what is

technically feasible may be illegal or

attract judicial sanction

Evidence preservation

Preservation of evidence is separate from

acquisition but is part of continuity

The usual method is to deploy digital

fingerprinting or hashing Essentially

once a disk has been imaged or file

retrieved a mathematical procedure is

deployed to create a result any exact

copies should produce the same result

Evidence examination analysis

Most computer examiners begin an

investigation by establishing some basic

parameters a computerrsquos operating

system when it was installed when it

was last used the identity of the main

user accounts and the main programs

But thereafter much will depend on the

instructions they had been given The

size of todayrsquos hard disks and complexity

of operating systems mean it is no longer

possible to expect an exhaustive report

Yesterdayrsquos computer review may have

been like examining a single desk drawer

but today a better analogy is entering an

office full of filing cabinets

A skilled examiner aided by a range of

specialist software is able to locate files

of interest recover deleted material

show patterns of web browsing and

e-mail usage and develop chronologies

of events on the computer In a practical

situation much of this material may

need to be linked to other evidence and

timelines elsewhere in the case

Several traps exist to prevent the analyst

from producing unambiguous results

Windows was not designed to provide

an ultra-reliable method of recording

all activity on the computer but as a

convenient personal operating system As

a result many of the features that would

be ideal in forensic analysis - in terms

of recorded sign-on and sign-off times

account security the clear identification

of dates and times of activity and of

authorship - are simply not available

directly It is often possible to infer such

things but misinterpretation is easy

When a computer is set up it often has

a registered owner there may also be

user accounts and individual programs

such as Microsoft Office may also be

ldquoregisteredrdquo to a named individual

Any of these may appear to point to the

authorship of a document however at

the relevant time some-one else entirely

may have been sitting at the keyboard -

because security is weak

Similar traps exist when establishing

dates and times The ldquofile createdrdquo date

as displayed by the operating system in

fact refers to when the file was first on

that particular computer the file may

have come into existence on another

computer and then copied to the location

where it has been founded The original

location of a file on a hard-disk may speak

to how that file arrived and whether it

is reasonable to infer that an individual

user of that computer had knowledge of

its existence

Evidence presentation

Raw computer evidence is usually not

court-friendly At its most basic it consists

of electromagnetic ones and zeros and

even in the simplest of situations it is

necessary to print out a file ndash a document

or a picture Analytic extractions often

have to be made from original raw

databases and computer histories

26 the barrister

Here it is important that sight is never

lost of where this material comes from

even if not directly tendered in evidence

opposing experts will want to go back

to the original and decide whether they

agree with the evidence production

method or come to different conclusions

Print-outs and CDs of extracted evidence

can omit important context

Thus for counsel they have to address

not only the immediate advocacy needs

of court presentation but also the

opportunities for the other side to test

Forensic readiness programs

Slowly large organisations are preparing

themselves for the eventuality that they

may need to be able to produce reliable

evidence from their computer systems

and have a formal planning for doing so

ndash a companion to the document retention

policy and the disaster recovery plan

The consequences of not doing so can

be illustrated by a recent experience

as a single joint expert Evidence for a

contractual arrangements were said to

exist in e-mail exchanges The claimant

produced printouts of a handful of

e-mails the defendant said he had never

seen them Because of the passage of

time none of the original hardware

was available for inspection so that

full-scale forensic disk examination

was impossible The claimant had had

a policy of archiving e-mails of interest

into text files but these have been lost

when a computer had failed all that

remained were informal printouts

which when examined were in a number

of different formats Forgery would have

been trivially easy though there was

no indication that this had occurred

The defendants position was only

slightly better original e-mail archive

files had been retained but again upon

examination it was entirely possible for

someone to enter the folder containing

deleted e-mails and then selectively

carry out further deletes In effect the

dispute had to be resolved without

relying on the computer evidence

Start early

The potential quantities complexity

and constant novelty mean that counsel

have to adapt their case management

skills to include the identification

acquisition analysis interpretation and

presentation of digital evidence if they

are to give clients the necessary quality

of advice

Peter Sommer

More details can be found at

wwwpmsommercom

This article is partly based on his

recent publication from the Information

Assurance Advisory Council Digital

Evidence Digital Investigation and

E-Disclosure A Guide to Forensic

Readiness for Organisations Security

Advisors and Lawyers can be

downloaded from httpwwwiaacorg

uk_mediaDigitalInvestigations2012

pdf

1 Norwich Pharmacal Co amp Others v

Customs and Excise Commissioners

[1974] AC 133

2 httpwwwjusticegovukcourts

procedure-rulescivilrulespd_part31b

3 httpwww7safecomelectronic_

evidenceACPO_guidelines_computer_

evidencepdf

The barrister magazine cannot accept responsibility

for information supplied by other parties views

expressed may not necessarily be that of

the editor or publishers

27the barrister

The Association of Women BarristersThe future of the AWB is bright We have an engaged and ambitious committee headed by Pamela Oon and Ann Cotcher QC and we continue to hold events to support women at the bar

By Mair Williams Pupil at 187 Fleet Street Chambers and AWB Committee Member

The Association of

Women Barristers

Not the most modern

sounding organisa-

tion but one that has

represented the views

and interests of women at the bar for

over 20 years In that time it is certain-

ly fair to say that the battle lines have

shifted ndash women can now wear trousers

in court (hoorah) are regularly(ish) ap-

pointed judges and even make silk (the

figures in relation to this are both mis-

leading and promising) In some cases

women are also Heads of Chambers al-

though you wonrsquot need more than your

fingers and toes to count them and fe-

male pupils are regularly outnumbering

men The simple truth is that although

things have shifted considerably in the

last 20 years and no one can deny that

progress has been made the AWB re-

mains relevant in providing opportuni-

ties and support for women

Issues concerning QASA and LASPO

have been rehashed and rehearsed in

the pages of every legal publication for

the last year so I do not intend to re-

peat them here What we try to do at

the AWB is examine the issues that di-

rectly affect women within the context

of changes at the bar in general There

would be no merit in focussing solely

on women-centric developments we

have to continue to try and examine

and analyse all changes that affect the

bar The AWB is fortunate enough to

have members that have experience in

1313

1313

13

13

$13$$$$ $$ $$ 13$ $$$$

$$ $$ $

13 13

$$ $ 13$ $$

a broad spectrum of legal fields and we

use this breadth to our advantage We

also have male members that afford a

further dimension of opinion and more

male members are always welcome

One of the great strengths of the AWB

is that it brings together women who

embody each facet of the modern bar ndash

self-employed barristers employed bar-

risters CPS advocates Judges pupils

silks law students And that is what

the modern bar has to be about ndash ad-

aptation There is no point in defining

your practice as x and refusing to move

to y and the AWB is all about ways of

adapting your practice to complement

the changing environment What we do

at the AWB is provide frank information

about what different forms of practice

entail and what the advantages and dis-

advantages of each are

A further strength of the AWB is that

it brings together women at different

stages of their careers with different

energies and anxieties Our student

members have an unbridled enthusi-

asm that often borders on obsession for

the self-employed bar No casual cli-

cheacutes about a sinking ship will dampen

their enthusiasm for joining the profes-

sion (just as it didnrsquot for everyone under

ten yearsrsquo call) often at great expense

(personal and financial) to themselves

This passion for the profession serves

as an elixir to the sensibilities of the

sometimes fatigued senior members of

the association who take great solace

in seeing such burgeoning enthusiasm

and in finding ways to be of assistance

to those young hopefuls In exchange

experienced members of the association

are able to provide a warts and all eval-

uation of what is (hopefully) just around

the corner There are not many oppor-

tunities for law students to ask questions

of members of the bar without worrying

about looking stupid or inexperienced

and at the AWB we pride ourselves on

having a no-question-too-stupid mantra

and sticking to it

There remain some issues that will al-

ways be felt more acutely by women in

particular those concerning balancing a

career at the bar with having a family

The AWB have always championed the

potential for the formation of a cregraveche

in one of the Inns and continues to look

at different business models that could

make such an idea work Another con-

cern for women at the bar seems to be

maternity leave a topic that often crops

up in AWB meetings The bar has shift-

ed away from the idea that a woman

who has been through labour has also

undergone a lobotomy (huzzah) but

older members of the AWB tell of how

they were expected to return to work

within days of giving birth or paid full

rent whilst on maternity leave Others

hid pregnancies under their gowns for

months worried about the implications

such a revelation would have on their

practice Nowadays women have chil-

dren and return to have successful prac-

tices most of the time

At the AWB we hear too many stories

of women whose sets still do not have

a maternity leave policy (which deter-

mines possible rent breaks reduced

clerks fees or protocols for notifying so-

licitors) or who struggle to have any flex-

ibility with their working hours when

they return to work This is a topic

which will always split feminists ndash in the

blue corner we have the iron ladies who

believe that women who want to work

even if they have children have to com-

pete on an even playing field to men

No flexi-time No working from home

No early afternoons for the school play

recorder recitaldentist In the red cor-

ner are the more flexible ladies who

believe that when a woman is good at

what she does and she chooses to have

children her profession should support

her to continue to build a successful

practice whilst juggling commitments at

home The latter favour working from

home (when possible) flexible working

conditions (ie scanning papers where

practicable) and not being sent to cases

hundreds of miles away

There is no right way to be a woman at

the bar but often people feel that they

know how-not-to-be a woman at the bar

One example has to be talking about

children As a pupil in chambers one

of my favourite experiences is seeing ag-

gressive demanding burly male mem-

bers of chambers reduced to giggling

schoolgirls when they show you photos

of their children on their phone or coo

over the milestones of their offspring I

cannot imagine the same from a female

member of chambers and perhaps that

is because many of the women in my

chambers with children remember the

days (or were told of the days) when that

simply would not be done

Maternity leave is of course only one is-

sue ndash access to work type of practice

judicial appointments applications for

silk all raise some concern about rem-

nants of sexism although the landscape

is vastly improved What we certainly

find is that a lot of people (men and

women) do not like to discuss these is-

sues within chambers so organisations

like the AWB provide a valuable forum

for support and advice Although not

an anonymous group we respect the

need for barristers to have a place where

they can vent their frustrations and ask

questions without any judgement and

without their being any negative conse-

28 the barrister

29the barrister

quences for their practices

The future of the AWB is bright We

have an engaged and ambitious com-

mittee headed by Pamela Oon and Ann

Cotcher QC and we continue to hold

events to support women at the bar In

recent years we have regularly attended

the pupillage fair at Lincolnrsquos Inn held

clinics to assist with OLPASPupillage

portal applications (that include the op-

portunity to discuss your application

one-to-one) and regular clinics to assist

applications for silk Peppered among

these serious events our calendar also

boasts social occasions including a din-

ner in the House of Lords to celebrate 20

years of the AWB

We have done our best to broaden our

reach as well holding a successful semi-

nar on the law in relation to prostitu-

tion in partnership with the CPS and the

English Collective of Prostitutes in April

this year The intention is for similar

events to take place in the Autumn with

a view to future events being CPD ac-

credited Possible future topics include

forced marriage and human trafficking

We have also increased our presence

online by joining twitter (womenbar-

risters) and facebook (wwwfacebook

comassociationofwomenbarristers) in

order to complement our website (www

womenbarristerscouk) Even though

we continue to grow and expand we

have kept our membership costs as low

as possible particularly in respect of

student members who still only pay pound10

year and we are committed to making

as many of our events as possible free

The bottom line is that the bar in gen-

eral is waking from the inertia that has

dogged it for the best part of a decade

and the AWB is part of that awakening

It is not about advancing the plight of

women at the bar at the expense of men

that would be ridiculous and the bar

faces enough challenges without turning

on itself It is simply about being part

of a more modern vibrant English bar

which has organisations that seek to

protect and advance the interests of its

members The AWB is such an organi-

sation No bra-burning no man-hating

just good advice

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30 the barrister

Recently I spent time

speaking to some 20

sets of Chambers to

discover more about

their strategies for

responding to the

challenges faced by the Criminal Bar

in particular I deliberately chose sets

that are perhaps less well known since

I believe that they are making up for

their reduced profile by being at the

cutting edge of change To compare

and contrast I also spoke to a leading

regional set

In this article I will draw together some

of the key findings of my admittedly

unscientific survey of the sets Just

by way of a disclaimer and to avoid

upsetting any of those I interviewed and

have not quoted directly I am only using

a selection of quotes but the conclusions

are based on all of my interviews

Finding 1 The Commercial Imperative

One Paper Buildings which comprises

five QCs and 41 juniors is a mid-

sized but highly ranked chambers

that has confronted the need to

compete successfully in a dramatically

changing market Central to its future

development has been the imperative for

a clear strategy and a more commercial

approach to running the business And

just as has happened with the legal

profession on the other side of the

fence so increasingly Chambers need

to view themselves as businesses as

well as practitioners of an honourable

profession

Some four years ago One Paper Buildings

hired its first Marketing Director Brett

Carver Brettrsquos brief was not simply

to organise events and put together

pretty brochures he was specifically

taken on to work closely with the

Senior Clerk Mark Cornell and the

heads of Chambers to address the whole

operation of the Chambers Business

was not a dirty word the Chambers set

itself clear objectives of increasing fees

and profitability and broadening the

work base Speculate to accumulate - to

use that old business handbook dictum

This was a bold move and broke

new ground Criminal sets had rarely

before been inclined to have a senior

commercially-oriented individual

assisting clerks with marketing and

business development initiatives Brett

Carver explains how he went about his

task of working with the senior Clerk

and the heads of Chambers ldquoWhen

I first joined my initial remit was to

look at how the Chambers presented

itself Early projects included instigating

a quarterly newsletter for our clients

developing a direct access website

and then re-designing the chambers

website This coincided with a change

in rules in how Chambers could market

We recognised the absolute importance

of how we presented ourselves on our

website which was - and is - often

the first contact point for prospective

clientsrdquo

The two looked closely at the financial

management of the Chambers

analysing costs to the last detail (ldquoeven

down to where we source biscuits for

client meetingsrdquo jokes Mark Cornell)

and implementing weekly rather than

monthly or quarterly meetings of the

number crunchers to ensure regular

monitoring of the business It was

a direct leap almost from the 19th

Century to the 21st Century

Other sets have recruited top people

in management positions Great

James Street a specialist set in

crime extradition immigration and

administrative law hired Senior Clerk

Michael Bazeley to focus on the business

of the set New Park Court Chambers

in Leeds recruited Michael Meeson to

be its first Chief Executive about a year

ago That was quite a catch he had

been responsible in his previous set for

increasing earnings nearly fivefold in

his 10-year tenure

Finding 2 Recruit Selectively

The focus on business is also determining

Chambersrsquo recruitment policy Where

Not broken but in need of fixingThe Criminal Bar is facing challenges on several fronts pressure on fees a downturn in top-quality instructions and above all the governmentrsquos predicted pound350m reduction in the legal aid budget Chambers are responding to these challenges by diversifying and becoming more commercially focused as Guy Hewetson writes

31the barrister

before the old boysrsquo net might have

influenced which barristers joined

those joining now have to prove a

business case - again as happens when

law firms make up partners Typically

many sets operate on the 8020 rule -

80 of revenue generated by 20 of

members - and that means that they

cannot afford to make poor choices on

potential tenants One Paper Buildings

does not accept this percentage rule

with each tenant expected to generate

an income above their peers elsewhere

Mark Cornell continues ldquoWe recently

took on another silk as this was part of

our wider strategy We are very selective

in our recruitment decisions as we

donrsquot want to dilute the brand Our focus

is very much on qualityrdquo

Michael Bazeley Senior Clerk Great

James Street puts it this way ldquoThe

reduction in fees is a major issue facing

all sets particularly those specialising

in criminal work This has forced us

not only to go further afield to acquire

work but also to be more selective

when recruiting new members of

Chambers Although our building could

accommodate a lot of barristers in this

day and age it would be foolish to flood

it with rent fodderrdquo

However added to that business

proposition Chambers are increasingly

assessing whether prospective new

tenants will lsquofitrsquo into the set That

will incorporate the type of case taken

on but also whether the person is

culturally compatible and shares the

same objectives as the rest of the set

Those sets that are struck in the mindset

that they will recruit and then lsquowork itrsquo

afterwards are barking up the wrong

tree

Finding 3 Donrsquot Merge

The focus on business quality and

common purpose in turn has a

bearing on the next big challenge for

the profession consolidation Or put

another way to merge or not to merge

Almost universally in London the view

was that wholesale merger was a

doomed strategy It is near-impossible

to find two sets of exact compatibility to

create a bigger and better set Rather

the sets to whom I spoke favoured the

carefully identified courting of teams of

barristers

Michael Bazeley says ldquoMergers are

rarely successful unless the parties are

prepared to put aside preconceived ideas

and actually complement each other It

is unlikely that we would merge with

another set though

we would not be

closed to the idea

if unexpectedly a

suitable opportunity

were to present

itself However we

would certainly

contemplate taking

on small groups

of barristers to

strengthen our

existing teams and

specialist areasrdquo

Brett Carver

agrees ldquoWersquove

been in situations

where we could

have considered

taking on 30-plus

members but we

donrsquot subscribe to

the view there is

safety in numbers we feel that is a

misguided approach If five of those

members were of interest to us

commercially then undoubtedly that is

something we would consider seriouslyrdquo

Where mergers might be more viable

is outside London Consolidation makes

more sense in the regions bringing

together sets of Chambers in different

cities A good example is the merger

of Park Court Chambers in Leeds and

New Court Chambers in Newcastle to

create - as you can probably guess -

New Park Court Chambers Michael

Meeson says that the set is also entering

into a business relationship with Citadel

Chambers in Birmingham to create a

platform for a wider marketing of the

collective group throughout the country

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Authorised and regulated by the Financial Services Authority under reference 561927 Registered in England amp Wales 07514108

Finding 4 The Legal Aid Bill will

result in access to justice being denied

By the time this article is printed the

Legal Aid Bill (LAPSO) will probably

become law Many feel that this is a

travesty Michael Bazeley comments

ldquoKen Clarkersquos predicted reduction of

approximately pound350m is potentially

damaging to peoplersquos civil liberties It

is everyonersquos fundamental right to be

protected by the law The legal aid and

British justice systems were once the

envy of the world [but] I wonder for

how longrdquo

Michael Meeson is also scathing ldquoWith

the reduction in legal aid and generally

a cutting down of resources many

people who cannot afford privately to

instruct are potentially left in difficulty

Whilst there is a limit to what any one

set can achieve I hope collectively the

profession can contribute to the mutual

effort all over the country to achieve

justice for vulnerable clientsrdquo

Finding 5 Diversify

The division between criminal

commercial and common law practices

is another area that is ripe for change

The enterprising Chambers are

realising that there are benefits from

crossover practices In particular

sets are realising the benefits that

can be brought to their reputation by

combining the advocacy skills of the

Criminal Bar with the greater focus on

advisory work generally associated with

the Commercial Bar Mark Cornell notes

ldquoCorporate businesses do very much

buy into the skill set that the Criminal

Bar provides One Paper Buildings

has already successfully increased its

regulatory HampS and financial workrdquo

Michael Meeson says ldquoWe looked at

making sure we balance the public sector

work with privately funded work so that

there was not an undue dependence on

the public purse We have also looked

at much more focused marketing and

recruitment to enable us to offer a wider

range of services more relevant to the

present market place Examples of this

are regulatory work health and safety

work Court of Protection work costs

environmental and civil fraud as well as

broadening our whole civil commercial

and chancery componentrdquo

The diversity of practice coupled with

the earlier merger is offering a powerful

proposition he adds ldquoWe are confident

and able to embrace the future in

whatever way it finally develops Indeed

we want to encourage applications on

that basis from all areas of civil and

commercial work as well as crimerdquo

Diversifying does not only need to be

domestically focused More and more

Chambers are looking to international

opportunities to help not just to offset

potential loss of earnings in the UK but

also to sell the world-leading expertise

of the English Bar to jurisdictions far

and wide

Michael Meeson continues ldquoABSs will

provide a basis of some very exciting

business opportunities and the Bar

should embrace them The direct access

system is a very valuable one and the Bar

is seeing some very good results from

that and New Park Court Chambers will

build on that in the future A lot more

publicity needs to be put out about the

value of the direct access system and we

need to market a lot more as individual

sets However it is a very positive move

for the future As to international work

we ourselves are looking at work in the

Caribbean as well as work in particular

areas in Europe The regional Bar

should not assume that all international

work will be channelled into London

and the regional Bar has a lot to offer

internationally That will be a major

plank of any future development within

New Park Court Chambersrdquo

Michael Bazeley explains Great James

Street is of a similar mindset ldquoPublic

access has proved fruitful of late All of

our eligible members are qualified to

receive instructions and do so on a fairly

regular basis The emerging markets

are something we are paying particular

attention to Alun Jones QC our Head

of Chambers is repeatedly instructed by

foreign governments and private clients

alikerdquo

Finding 6 Think collectively not

individually

Counter-intuitive though it may be for

a profession rooted in individuality

the future lies in greater sharing of

information and teamwork In this

barristers need to follow the example

of the more enlightened law firms

Partners who used to keep information

about their clients to themselves - lsquotop-

pocket informationrsquo - and not share

their clients with their own partners

have long recognised that their firms

benefit if they put the greater good

above their own self-interest So it is

with barristers The trend is towards

greater team mentality which will reap

dividends

32 the barrister

33the barrister

So what does the future hold In short

plenty of challenges Add to the mix

the ABSs that open up new types of law

firms direct access to barristers and the

increasing opportunities for international

work and it is clear that Chambers are

going to have to embrace the brave new

world ldquoThe key to the future is exploring

a wider range of work and not being

frightened to sell this profession more

broadlyrdquo says Michael Meeson ldquoThe

value the Bar brings to our national

life should not be underestimated and

I think we will come out of the present

changes far more robust and able to

embracerdquo

Guy Hewetson is a founder and partner

of Hewetson Shah a firm of leading

legal search and recruitment specialists

Hewetson Shah offers expert full-service

assistance in search and recruitment for

the Bar

wwwhewetsonshahcom

Hewetson Shah LLP

Direct +44 (0)203 008 5598

Mobile +44 (0)7531 674 203

We understand that for Barristers cash flow can be unpredictable at the best of times

Limited bank funding availability delays in receiving completed case payments not to mention the legal aid remuneration issues presently in focus can all prove to make firm budget planning very difficult

At LDF Professions we have refined our Barrister funding options providing you with an enhanced finance solution Repayment terms are available from 6 months to 5 years allowing you to better accommodate for the inevitable peaks and troughs in income that are inherent to Barrister life

Our unsecured loan facility can be utilised for a number of purposes including

Aged Debt FundingTax LiabilityChambers FeesPension FundingWorking CapitalCapital ExpenditureIT amp Software FinanceVehicle Funding

In our experience your case load is busy enough without the added concerns of arranging finance

Contact LDF Professions today

01244 527300infoldfcouk | wwwldfcouk

Professional funding solutions for BarristersTailored to suit you

LDF Professions is a trading name of Leasedirect Finance Limited part of the Investec group of companiesEst 1986 | Registered address 2 Gresham Street London EC2V 7QP | Registered in England amp Wales

Barrister_0212

SPS

Stockport Psychology ServicesProven Expert Quality for Two Decades

The largest independent psychology practice in the North West specialising in Public andPrivate Family Law and Criminal cases

Experienced Psychologists (Clinical Forensic Child Educational and Counselling) andPsychiatrists available for expert reports advice training and therapy services

With a history spanning two decades and a large number of experienced professionalsStockport Psychology Services offers a convenient and trusted service providing high quality

assessments and a reliable service

x Public and Private Law risk assessmentsx Parenting capacity assessmentsx Mental health assessmentsx Child development assessmentsx Family assessmentsx Contact and Residence issues

x Ability to protectx Child placementx Training and educationx Alcohol and substance misuseassessments

x Cognitive and capacity assessments

We comply with and exceed the requirements of the LSC and the Family Justice System

Tel 0161 476 4488 Fax 0161 476 4499Email officespsuknet

Norbury Chambers 2-6 Norbury Street Stockport SK1 3SHwwwspsuknet

EX

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the barristerE

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gtLHJ[WYV]PKLYLWVY[ZHUKNP]LL]PKLUJLPUVY[HZ_WLY[gtP[ULZZLZPUJVTWSPHUJL^P[O7HY[VM[OLP]PS7YVJLKYL9SLZ 79MVY

CHARTERED SURVEYORS COVERING KENT LONDON AND THE SOUTH EAST

3P[PNH[PVU+PZW[LZ5LNSPNLUJL 0UOLYP[HUJL[H_VTWSZVY`WYJOHZLHUKJVTWLUZH[PVU+LI[YLJV]LY`0UZVS]LUJ`

CRANBORNEASSOCIATES

C H A R T E R E D S U R V E Y O R S amp V A L U E R S

Barham Court Teston Maidstone Kent ME18 5BZT 01622 618757 E infocranborneassociatescom

W wwwcranborneassociatescom

IFICEstablished in 1970 we have rapidly become leading global investigators of res and explosions in commercial industrial and marine environments

From investigating res connected to engineering failures pollution or manslaughter our multidisciplinary services are expertly tailored to suit clientsrsquo individual needs

All investigations can be prepared for litigation by our highly-qualied investigators who have the proven calibre to give evidence in Court and produce rst class reports

Provision of investigators for

Standing as Expert Witnesses in court Litigation support

Summary preliminary and full report writing

Internal company investigationsCourt cases including photographic evidence and diagrams Statements and precognitions

0800 862 0511wwwiccoukfollow us on twitter icforensics

The leading international forensic investigators

35the barrister

Helping you

Flourish

22 Wycombe End | Beaconsfield Tel 01494 739500wwwharwoodhuttoncouk

business advisersaccountantstax consultantsregistered auditorsforensic specialists

Experienced counsel are increasingly recommending the specialist mediators at Expedite Resolution

and Trust Mediation using mediation as an exceptionally useful tool IRUVHWWOLQJGLIiquestFXOWFODLPVHDUOLHU

IRXDUHDGYLVLQJRQDGLIiquestFXOWFODLPWKHVHPHGLDWRUVVSHDNRXUODQJXDJH

Specialist mediation and dispute resolution services for all non personal injury claims in the claims

DQGLQVXUDQFHVHFWRU6SHFLDOLVWSHUVRQDOLQMXUPHGLDWLRQ

Tel 0844 879 3166ZZZExpediteResolutioncom

For counsel who mediate

Tel 0207 353 3237 ZZZTrustMediationorguk

the

barr

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the barristerE

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Fa m i l y A s s e s s m e n t s

Expert Witnessfor the Family CourtDomestic violence and abuse risk assessmentbull Consultant Forensic Psychologistbull 15 years experience in domestic violence

and abusebull Credibility of a report from a real specialistbull Clear and accurate time and cost structurebull In disputed contact residency cases

or care proceedings

Dr Mark C FarrallBABScMScPhDCUEW

Suite 155 RampR Consulting Centre41 St Isan Road Heath Cardiff CF14 4LWTel 0700 394 6217Fax 0700 394 6217Email infoignition-learncom

bull Chartered Forensic Psychologist

bull 15 years experience in domestic violence and abuse

bull Trained in Expert Witness role and requirement ndashCUBS Civil amp Family certificates

bull Clear and accurate time and cost structure

bull Reports in six weeks from acceptance of instruction

BABScMScPhDDip PsychodraCUEW

37the barrister

NCC Group is a global provider of information assurance services with a large number of resources to call on our forensic team has government security clearance

Our services cover the following but are by no means limited to

eDiscovery Incident Response Malware Investigation Expert Witness Mobile Device Forensics Forensic Readiness Review Computer Misuse Litigation Support

Depending on where you are our response time to you could be as little as 5 minutes and never more than 4 hours

Experts in Information Forensics

For more information please call the team on 0161 209 5111

or email barristernccgroupcom

wwwnccgroupcom

chartered surveyors amp property consultants

gt2=gtBltgtA3gt8====+509ltgt27=6=Please contact

Robert FourtGerald Eve LLPWelbeck StreetLondon W1G 0AY

Tel 020 7333 6202rfourtgeraldevecom

wwwgeraldevecom

Independence

Integrity

Authority

Institute of Occupational MedicineExpert Witness Services

The Institute of Occupational Medicine is a major independent centre of scientific excellence in the fields of occupational and environmental healthWe provide expert witness services in occupational disease caused by exposure to chemical and physical agents manual handling amp workplace accidents

IOMrsquos experts regularly provide opinion in relation to claims for x Occupational diseases caused by exposure to substances

deemed hazardous to health eg cancer asthma silicosis x Assessment of retrospective exposure to asbestos and

determination of the subsequent risk x Irritant and Allergic Dermatitis x Musculoskeletal disorders x Hand Arm Vibration Syndrome and Vibration White Finger

All of our experts if required can perform on-site risk assessments and exposure measurements supported by our in-house UKAS accredited laboratory which is equipped to undertake a wide range of sample analyses

Tapton Park Innovation Centre Tel 01246 557866Brimington Road email andystellingiom-worldorgTapton wwwiom-worldorgChesterfield S41 0TZ

Highways amp TrafficSafety LtdP FA

PAF has been established since 1995 and is a well respected consultancyproviding independent expert advice and support to the UK LegalProfession Insurance Industry and Highway Authorities PAF specialisein Road Safety Engineering Road SafetyAuditing and Traffic Management

Services include

Forensic CollisionAnalysis amp ReconstructionScene InvestigationCollision 3DAnimationLocus ReportsVehicle ExaminationTachographAnalysisTransport Health amp SafetyConflict StudiesRoad SafetyAudits amp AssessmentsHighway Maintenance IssuesInvestigation of Non-Compliance of Highway Design amp Standards

Paul Fenton Director of the company and former Metropolitan PoliceForensic Collision Investigator amp Vehicle Examiner has considerableexperience in the field of road safety and highway design and isrecognised by the Highways Agency as a Road Safety Audit Team LeaderHe is a Member of the Chartered Institute of Highways amp TransportationInstitute of Highway Engineers Institute of Traffic Accident Investigatorsand Society of Road SafetyAuditors

Forensic Collision Investigation

The Old Vicarage 5 Ancliffe Lane Bolton-le-SandsCarnforth Lancashire LA5 8DS

Tel 07775766454 Email infopafcoukwwwpafcouk

IumlIumlIumlIumlIumlIumlIumlIumlIumlIumlIuml

IumlIumlIumlIumlIuml

7HENIumlITIumlCOMESIumlTOIumlCOMPUTERSIumlITIumlPAYSIumlTOIumlGETIumlAIumlRELIABLEIumlQUOTEIuml

IumlIuml

Iuml

sup3ampRPSXWHUVLQWKHIXWXUHPDZHLJKQRPRUHWKDQWRQVacute

plusmn3RSXODU0HFKDQLFV

sup37ZRHDUVIURPQRZVSDPZLOOEHVROYHGacute

plusmnLOODWHV

XPERTSIumlINIumlOMPUTERIumlampORENSICSIuml

WWWLEYSONDATACOMIuml4ELIumlIumlIumlIuml

the

barr

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S 38 the barrister

When building a compelling child protection case only the most robust evidence countsConcateno TrichoTech delivers unparalleled quality in hair testing services for drug and alcohol use as well as a range of sobriety tests to support abstinence using other sample types

wwwconcatenocomTel +44 (0)29 2054 0542 | childprotectionconcatenocomConcateno TrichoTech 1 Pentwyn Business Centre Wharfdale Road Cardiff CF23 7HB UK

copy Concateno 2012 MCP0021 Ed005 An Aleretrade Company

Concateno TrichoTech is Europersquos most widely accredited laboratory to perform drug testing in hair to the International Standard ISOIEC 17025

Longest established hair testing laboratory in the UK ndash over 15 years of analysis

Unrivalled database over 1000000 hair tests to reference

Collecting officers trained with both class-based sessions and in situ in hair and blood sample collections

Appointments for sample collections arranged within 1 working day

Strict chain of custody ndash all hair samples analysed in our Cardiff laboratory

A trained Expert Witness team who can back their reports in person in court

Dr Claire GeorgeLaboratory Director

When it matters most Concateno TrichoTech is the name to trustThe UK provider of drug and alcohol testing services accredited by UKAS to ISOIEC 17025 (schedule available at wwwukascom lab reference number 2212) If a provider doesnrsquot display the UKAS testing symbol with their laboratory number they are not accredited for drug testing ndash donrsquot risk anything else 2212

Justice is only a hairrsquos breadth away

Order now at wwwlexisnexiscoukbstones and get free postage and packaging

A division of Reed Elsevier (UK) Ltd Registered office 1-3 Strand London WC2N 5JR Registered in England number 2746621 VAT Registered No GB 730 8595 20 LexisNexis and the Knowledge Burst logo are trademarks of Reed Elsevier Properties Inc copy LexisNexis 2012 0412-065 The information in this advert is current as of April 2012 and is subject to change without notice

1918

2009

2012

1966

Stonersquos Justicesrsquo Manual first published

Women over 30 got the vote

England won the World Cup at Wembley

The new Supreme Court heard its first case

Stonersquos Justicesrsquo Manual 2012

1842

170 years of helping you get it rightStonersquos Justicesrsquo Manual

0412-065 Stones Adverts_A4indd 1 42512 259 PM







03the barrister


The landscape of

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14 the barrister



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sanction





































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18 the barrister




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traditions



















































































19the barrister















































to guide dogs3


























the state can

work construc-

tively with minor-

ity groups and

their minority le-

gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


downloaded at


ty-legal-orderscfm

1 [2008] EWCA Civ 198



13 2003












20 the barrister



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referral fees

































































































of the Procureco












21the barrister










offer














































other

































































as personal actions
















22 the barrister


















newsround

up

23the barrister



















newsround

up

24 the barrister

Personal computers


quarters of British

homes nearly all


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reject












































































its existence










26 the barrister



















































Start early








of advice

Peter Sommer


wwwpmsommercom










pdf



[1974] AC 133





evidencepdf





27the barrister



The Association of

Women Barristers

Not the most modern

sounding organisa-



































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29the barrister

















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organisation










30 the barrister


speaking to some 20

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regional set
























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clientsrdquo
























his 10-year tenure





31the barrister











































tree














barristers






another set though

we would not be

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Brett Carver


been in situations

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the view there is


























01234 851797 or

















how longrdquo











Finding 5 Diversify















































and wide

































alikerdquo


individually
















dividends

32 the barrister

33the barrister
















embracerdquo






the Bar

wwwhewetsonshahcom

Hewetson Shah LLP

Direct +44 (0)203 008 5598

Mobile +44 (0)7531 674 203











Barrister_0212

SPS












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35the barrister

Helping you

Flourish











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S 36 the barrister

the barristerE

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or care proceedings









37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

Integrity

Authority










Services include









IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 38 the barrister
















1918

2009

2012

1966






1842



04 the barrister















pressures























use

































































round


































iclronlinecouk



iclronlinecouk


06 the barrister


































smaller neighbours












































chambers










































chambers












p1



+-)=3960-)287731)8-2+(-)6)28

2368)781)(-8-3273098-327

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2339683787

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0-1-8)((-73)6=





















































07the barrister

08 the barrister






































debate

















general support























custody4






































simultaneously










































could be explored




























































or inappropriate
































































magistrates















Prison Reform Trust



Summary20Justice

09the barrister

10 the barrister























p1

11the barrister





Conclusion











12 the barrister



legal landscape

and comparing it

to the landscape of








































business after all




your business

















term
































be improvedrdquo

















efficiency










13the barrister










your position























































planned for


crucial Is your

investment still

going to appear

as wise in 5

years Does

your provider

have a product

roadmap for

the future and

is their offering

c o m p a t i b l e

with the latest

i n d u s t r y

s t a n d a r d

s o f t w a r e

In essence

when you are


investment in

new technology

donrsquot only look

after today

consider the

position your

chosen provider

and their


years













14 the barrister



Another strong

decision has

emerged from the

Technology and

Construction Court

as a warning that









































or not







normal costs order

































undue cost or delay

















v Railtrack


























commented











sanction





































gtgth^EKtKE






15the barrister

















































commented

















































positions
















adopted

What next



















16 the barrister
















17the barrister

18 the barrister




report looking at





































traditions



















































































19the barrister















































to guide dogs3


























the state can

work construc-

tively with minor-

ity groups and

their minority le-

gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


downloaded at


ty-legal-orderscfm

1 [2008] EWCA Civ 198



13 2003












20 the barrister



This article looks

at competition for


















referral fees

































































































of the Procureco












21the barrister










offer














































other

































































as personal actions
















22 the barrister


















newsround

up

23the barrister



















newsround

up

24 the barrister

Personal computers


quarters of British

homes nearly all


to the Internet via



































































the first place


briefly in turn























machines






systems







25the barrister










































reject












































































its existence










26 the barrister



















































Start early








of advice

Peter Sommer


wwwpmsommercom










pdf



[1974] AC 133





evidencepdf





27the barrister



The Association of

Women Barristers

Not the most modern

sounding organisa-



































1313

1313

13

13

$13$$$$ $$ $$ 13$ $$$$

$$ $$ $

13 13

$$ $ 13$ $$


















































and sticking to it






















































































28 the barrister

29the barrister

















years of the AWB





































just good advice














organisation










30 the barrister


speaking to some 20

sets of Chambers to

discover more about


responding to the








regional set
























profession




































clientsrdquo
























his 10-year tenure





31the barrister











































tree














barristers






another set though

we would not be

closed to the idea

if unexpectedly a


were to present

itself However we

would certainly

contemplate taking

on small groups

of barristers to

strengthen our

existing teams and


Brett Carver


been in situations

where we could

have considered

taking on 30-plus

members but we


the view there is


























01234 851797 or

















how longrdquo











Finding 5 Diversify















































and wide

































alikerdquo


individually
















dividends

32 the barrister

33the barrister
















embracerdquo






the Bar

wwwhewetsonshahcom

Hewetson Shah LLP

Direct +44 (0)203 008 5598

Mobile +44 (0)7531 674 203











Barrister_0212

SPS












EX

PE

RT

WIT

NE

SS S

ER

VIC

ES 34 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

RV

ICE

S





CRANBORNEASSOCIATES













35the barrister

Helping you

Flourish











the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 36 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

RV

ICE

S




or care proceedings









37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

Integrity

Authority










Services include









IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 38 the barrister
















1918

2009

2012

1966






1842




iclronlinecouk


06 the barrister


































smaller neighbours












































chambers










































chambers












p1



+-)=3960-)287731)8-2+(-)6)28

2368)781)(-8-3273098-327

6)13)0-)28786)77)2396+)(amp=39687

2339683787

))4(-7498)746-8)

0)777)46)468-32360-)287

3-(0-8-+8-326-7

6)(9))lt4)27)

0-1-8)((-73)6=





















































07the barrister

08 the barrister






































debate

















general support























custody4






































simultaneously










































could be explored




























































or inappropriate
































































magistrates















Prison Reform Trust



Summary20Justice

09the barrister

10 the barrister























p1

11the barrister





Conclusion











12 the barrister



legal landscape

and comparing it

to the landscape of








































business after all




your business

















term
































be improvedrdquo

















efficiency










13the barrister










your position























































planned for


crucial Is your

investment still

going to appear

as wise in 5

years Does

your provider

have a product

roadmap for

the future and

is their offering

c o m p a t i b l e

with the latest

i n d u s t r y

s t a n d a r d

s o f t w a r e

In essence

when you are


investment in

new technology

donrsquot only look

after today

consider the

position your

chosen provider

and their


years













14 the barrister



Another strong

decision has

emerged from the

Technology and

Construction Court

as a warning that









































or not







normal costs order

































undue cost or delay

















v Railtrack


























commented











sanction





































gtgth^EKtKE






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commented

















































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adopted

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report looking at





































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the state can

work construc-

tively with minor-

ity groups and

their minority le-

gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


downloaded at


ty-legal-orderscfm

1 [2008] EWCA Civ 198



13 2003












20 the barrister



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19the barrister















































to guide dogs3


























the state can

work construc-

tively with minor-

ity groups and

their minority le-

gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


downloaded at


ty-legal-orderscfm

1 [2008] EWCA Civ 198



13 2003












20 the barrister



This article looks

at competition for


















referral fees

































































































of the Procureco












21the barrister










offer














































other

































































as personal actions
















22 the barrister


















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up

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quarters of British

homes nearly all


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the first place


briefly in turn























machines






systems







25the barrister










































reject












































































its existence










26 the barrister



















































Start early








of advice

Peter Sommer


wwwpmsommercom










pdf



[1974] AC 133





evidencepdf





27the barrister



The Association of

Women Barristers

Not the most modern

sounding organisa-



































1313

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another set though

we would not be

closed to the idea

if unexpectedly a


were to present

itself However we

would certainly

contemplate taking

on small groups

of barristers to

strengthen our

existing teams and


Brett Carver


been in situations

where we could

have considered

taking on 30-plus

members but we


the view there is


























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33the barrister
















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wwwhewetsonshahcom

Hewetson Shah LLP

Direct +44 (0)203 008 5598

Mobile +44 (0)7531 674 203











Barrister_0212

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37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

Integrity

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IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

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ICE

S 38 the barrister
















1918

2009

2012

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08 the barrister






































debate

















general support























custody4






































simultaneously










































could be explored




























































or inappropriate
































































magistrates















Prison Reform Trust



Summary20Justice

09the barrister

10 the barrister























p1

11the barrister





Conclusion











12 the barrister



legal landscape

and comparing it

to the landscape of








































business after all




your business

















term
































be improvedrdquo

















efficiency










13the barrister










your position























































planned for


crucial Is your

investment still

going to appear

as wise in 5

years Does

your provider

have a product

roadmap for

the future and

is their offering

c o m p a t i b l e

with the latest

i n d u s t r y

s t a n d a r d

s o f t w a r e

In essence

when you are


investment in

new technology

donrsquot only look

after today

consider the

position your

chosen provider

and their


years













14 the barrister



Another strong

decision has

emerged from the

Technology and

Construction Court

as a warning that









































or not







normal costs order

































undue cost or delay

















v Railtrack


























commented











sanction





































gtgth^EKtKE






15the barrister

















































commented

















































positions
















adopted

What next



















16 the barrister
















17the barrister

18 the barrister




report looking at





































traditions



















































































19the barrister















































to guide dogs3


























the state can

work construc-

tively with minor-

ity groups and

their minority le-

gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


downloaded at


ty-legal-orderscfm

1 [2008] EWCA Civ 198



13 2003












20 the barrister



This article looks

at competition for


















referral fees

































































































of the Procureco












21the barrister










offer














































other

































































as personal actions
















22 the barrister


















newsround

up

23the barrister



















newsround

up

24 the barrister

Personal computers


quarters of British

homes nearly all


to the Internet via



































































the first place


briefly in turn























machines






systems







25the barrister










































reject












































































its existence










26 the barrister



















































Start early








of advice

Peter Sommer


wwwpmsommercom










pdf



[1974] AC 133





evidencepdf





27the barrister



The Association of

Women Barristers

Not the most modern

sounding organisa-



































1313

1313

13

13

$13$$$$ $$ $$ 13$ $$$$

$$ $$ $

13 13

$$ $ 13$ $$


















































and sticking to it






















































































28 the barrister

29the barrister

















years of the AWB





































just good advice














organisation










30 the barrister


speaking to some 20

sets of Chambers to

discover more about


responding to the








regional set
























profession




































clientsrdquo
























his 10-year tenure





31the barrister











































tree














barristers






another set though

we would not be

closed to the idea

if unexpectedly a


were to present

itself However we

would certainly

contemplate taking

on small groups

of barristers to

strengthen our

existing teams and


Brett Carver


been in situations

where we could

have considered

taking on 30-plus

members but we


the view there is


























01234 851797 or

















how longrdquo











Finding 5 Diversify















































and wide

































alikerdquo


individually
















dividends

32 the barrister

33the barrister
















embracerdquo






the Bar

wwwhewetsonshahcom

Hewetson Shah LLP

Direct +44 (0)203 008 5598

Mobile +44 (0)7531 674 203











Barrister_0212

SPS












EX

PE

RT

WIT

NE

SS S

ER

VIC

ES 34 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

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S





CRANBORNEASSOCIATES













35the barrister

Helping you

Flourish











the

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the barristerE

XP

ER

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ITN

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RV

ICE

S




or care proceedings









37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

Integrity

Authority










Services include









IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 38 the barrister
















1918

2009

2012

1966






1842



08 the barrister






































debate

















general support























custody4






































simultaneously










































could be explored




























































or inappropriate
































































magistrates















Prison Reform Trust



Summary20Justice

09the barrister

10 the barrister























p1

11the barrister





Conclusion











12 the barrister



legal landscape

and comparing it

to the landscape of








































business after all




your business

















term
































be improvedrdquo

















efficiency










13the barrister










your position























































planned for


crucial Is your

investment still

going to appear

as wise in 5

years Does

your provider

have a product

roadmap for

the future and

is their offering

c o m p a t i b l e

with the latest

i n d u s t r y

s t a n d a r d

s o f t w a r e

In essence

when you are


investment in

new technology

donrsquot only look

after today

consider the

position your

chosen provider

and their


years













14 the barrister



Another strong

decision has

emerged from the

Technology and

Construction Court

as a warning that









































or not







normal costs order

































undue cost or delay

















v Railtrack


























commented











sanction





































gtgth^EKtKE






15the barrister

















































commented

















































positions
















adopted

What next



















16 the barrister
















17the barrister

18 the barrister




report looking at





































traditions



















































































19the barrister















































to guide dogs3


























the state can

work construc-

tively with minor-

ity groups and

their minority le-

gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


downloaded at


ty-legal-orderscfm

1 [2008] EWCA Civ 198



13 2003












20 the barrister



This article looks

at competition for


















referral fees

































































































of the Procureco












21the barrister










offer














































other

































































as personal actions
















22 the barrister


















newsround

up

23the barrister



















newsround

up

24 the barrister

Personal computers


quarters of British

homes nearly all


to the Internet via



































































the first place


briefly in turn























machines






systems







25the barrister










































reject












































































its existence










26 the barrister



















































Start early








of advice

Peter Sommer


wwwpmsommercom










pdf



[1974] AC 133





evidencepdf





27the barrister



The Association of

Women Barristers

Not the most modern

sounding organisa-



































1313

1313

13

13

$13$$$$ $$ $$ 13$ $$$$

$$ $$ $

13 13

$$ $ 13$ $$


















































and sticking to it






















































































28 the barrister

29the barrister

















years of the AWB





































just good advice














organisation










30 the barrister


speaking to some 20

sets of Chambers to

discover more about


responding to the








regional set
























profession




































clientsrdquo
























his 10-year tenure





31the barrister











































tree














barristers






another set though

we would not be

closed to the idea

if unexpectedly a


were to present

itself However we

would certainly

contemplate taking

on small groups

of barristers to

strengthen our

existing teams and


Brett Carver


been in situations

where we could

have considered

taking on 30-plus

members but we


the view there is


























01234 851797 or

















how longrdquo











Finding 5 Diversify















































and wide

































alikerdquo


individually
















dividends

32 the barrister

33the barrister
















embracerdquo






the Bar

wwwhewetsonshahcom

Hewetson Shah LLP

Direct +44 (0)203 008 5598

Mobile +44 (0)7531 674 203











Barrister_0212

SPS












EX

PE

RT

WIT

NE

SS S

ER

VIC

ES 34 the barrister

the barristerE

XP

ER

T W

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ESS SE

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S





CRANBORNEASSOCIATES













35the barrister

Helping you

Flourish











the

barr

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XP

ER

T W

ITN

ESS

SE

RV

ICE

S 36 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

RV

ICE

S




or care proceedings









37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

Integrity

Authority










Services include









IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 38 the barrister
















1918

2009

2012

1966






1842







could be explored




























































or inappropriate
































































magistrates















Prison Reform Trust



Summary20Justice

09the barrister

10 the barrister























p1

11the barrister





Conclusion











12 the barrister



legal landscape

and comparing it

to the landscape of








































business after all




your business

















term
































be improvedrdquo

















efficiency










13the barrister










your position























































planned for


crucial Is your

investment still

going to appear

as wise in 5

years Does

your provider

have a product

roadmap for

the future and

is their offering

c o m p a t i b l e

with the latest

i n d u s t r y

s t a n d a r d

s o f t w a r e

In essence

when you are


investment in

new technology

donrsquot only look

after today

consider the

position your

chosen provider

and their


years













14 the barrister



Another strong

decision has

emerged from the

Technology and

Construction Court

as a warning that









































or not







normal costs order

































undue cost or delay

















v Railtrack


























commented











sanction





































gtgth^EKtKE






15the barrister

















































commented

















































positions
















adopted

What next



















16 the barrister
















17the barrister

18 the barrister




report looking at





































traditions



















































































19the barrister















































to guide dogs3


























the state can

work construc-

tively with minor-

ity groups and

their minority le-

gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


downloaded at


ty-legal-orderscfm

1 [2008] EWCA Civ 198



13 2003












20 the barrister



This article looks

at competition for


















referral fees

































































































of the Procureco












21the barrister










offer














































other

































































as personal actions
















22 the barrister


















newsround

up

23the barrister



















newsround

up

24 the barrister

Personal computers


quarters of British

homes nearly all


to the Internet via



































































the first place


briefly in turn























machines






systems







25the barrister










































reject












































































its existence










26 the barrister



















































Start early








of advice

Peter Sommer


wwwpmsommercom










pdf



[1974] AC 133





evidencepdf





27the barrister



The Association of

Women Barristers

Not the most modern

sounding organisa-



































1313

1313

13

13

$13$$$$ $$ $$ 13$ $$$$

$$ $$ $

13 13

$$ $ 13$ $$


















































and sticking to it






















































































28 the barrister

29the barrister

















years of the AWB





































just good advice














organisation










30 the barrister


speaking to some 20

sets of Chambers to

discover more about


responding to the








regional set
























profession




































clientsrdquo
























his 10-year tenure





31the barrister











































tree














barristers






another set though

we would not be

closed to the idea

if unexpectedly a


were to present

itself However we

would certainly

contemplate taking

on small groups

of barristers to

strengthen our

existing teams and


Brett Carver


been in situations

where we could

have considered

taking on 30-plus

members but we


the view there is


























01234 851797 or

















how longrdquo











Finding 5 Diversify















































and wide

































alikerdquo


individually
















dividends

32 the barrister

33the barrister
















embracerdquo






the Bar

wwwhewetsonshahcom

Hewetson Shah LLP

Direct +44 (0)203 008 5598

Mobile +44 (0)7531 674 203











Barrister_0212

SPS












EX

PE

RT

WIT

NE

SS S

ER

VIC

ES 34 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

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i n d u s t r y

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14 the barrister



Another strong

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as a warning that









































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commented

















































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adopted

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report looking at





































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19the barrister















































to guide dogs3


























the state can

work construc-

tively with minor-

ity groups and

their minority le-

gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


downloaded at


ty-legal-orderscfm

1 [2008] EWCA Civ 198



13 2003












20 the barrister



This article looks

at competition for


















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of the Procureco












21the barrister










offer














































other

































































as personal actions
















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24 the barrister

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quarters of British

homes nearly all


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machines






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25the barrister










































reject












































































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26 the barrister



















































Start early








of advice

Peter Sommer


wwwpmsommercom










pdf



[1974] AC 133





evidencepdf





27the barrister



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itself However we

would certainly

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Brett Carver


been in situations

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wwwhewetsonshahcom

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37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

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IumlIuml

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plusmnLOODWHV



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S 38 the barrister
















1918

2009

2012

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11the barrister





Conclusion











12 the barrister



legal landscape

and comparing it

to the landscape of








































business after all




your business

















term
































be improvedrdquo

















efficiency










13the barrister










your position























































planned for


crucial Is your

investment still

going to appear

as wise in 5

years Does

your provider

have a product

roadmap for

the future and

is their offering

c o m p a t i b l e

with the latest

i n d u s t r y

s t a n d a r d

s o f t w a r e

In essence

when you are


investment in

new technology

donrsquot only look

after today

consider the

position your

chosen provider

and their


years













14 the barrister



Another strong

decision has

emerged from the

Technology and

Construction Court

as a warning that









































or not







normal costs order

































undue cost or delay

















v Railtrack


























commented











sanction





































gtgth^EKtKE






15the barrister

















































commented

















































positions
















adopted

What next



















16 the barrister
















17the barrister

18 the barrister




report looking at





































traditions



















































































19the barrister















































to guide dogs3


























the state can

work construc-

tively with minor-

ity groups and

their minority le-

gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


downloaded at


ty-legal-orderscfm

1 [2008] EWCA Civ 198



13 2003












20 the barrister



This article looks

at competition for


















referral fees

































































































of the Procureco












21the barrister










offer














































other

































































as personal actions
















22 the barrister


















newsround

up

23the barrister



















newsround

up

24 the barrister

Personal computers


quarters of British

homes nearly all


to the Internet via



































































the first place


briefly in turn























machines






systems







25the barrister










































reject












































































its existence










26 the barrister



















































Start early








of advice

Peter Sommer


wwwpmsommercom










pdf



[1974] AC 133





evidencepdf





27the barrister



The Association of

Women Barristers

Not the most modern

sounding organisa-



































1313

1313

13

13

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28 the barrister

29the barrister

















years of the AWB





































just good advice














organisation










30 the barrister


speaking to some 20

sets of Chambers to

discover more about


responding to the








regional set
























profession




































clientsrdquo
























his 10-year tenure





31the barrister











































tree














barristers






another set though

we would not be

closed to the idea

if unexpectedly a


were to present

itself However we

would certainly

contemplate taking

on small groups

of barristers to

strengthen our

existing teams and


Brett Carver


been in situations

where we could

have considered

taking on 30-plus

members but we


the view there is


























01234 851797 or

















how longrdquo











Finding 5 Diversify















































and wide

































alikerdquo


individually
















dividends

32 the barrister

33the barrister
















embracerdquo






the Bar

wwwhewetsonshahcom

Hewetson Shah LLP

Direct +44 (0)203 008 5598

Mobile +44 (0)7531 674 203











Barrister_0212

SPS












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ES 34 the barrister

the barristerE

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Helping you

Flourish











the

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ESS

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the barristerE

XP

ER

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ESS SE

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ICE

S




or care proceedings









37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

Integrity

Authority










Services include









IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 38 the barrister
















1918

2009

2012

1966






1842



12 the barrister



legal landscape

and comparing it

to the landscape of








































business after all




your business

















term
































be improvedrdquo

















efficiency










13the barrister










your position























































planned for


crucial Is your

investment still

going to appear

as wise in 5

years Does

your provider

have a product

roadmap for

the future and

is their offering

c o m p a t i b l e

with the latest

i n d u s t r y

s t a n d a r d

s o f t w a r e

In essence

when you are


investment in

new technology

donrsquot only look

after today

consider the

position your

chosen provider

and their


years













14 the barrister



Another strong

decision has

emerged from the

Technology and

Construction Court

as a warning that









































or not







normal costs order

































undue cost or delay

















v Railtrack


























commented











sanction





































gtgth^EKtKE






15the barrister

















































commented

















































positions
















adopted

What next



















16 the barrister
















17the barrister

18 the barrister




report looking at





































traditions



















































































19the barrister















































to guide dogs3


























the state can

work construc-

tively with minor-

ity groups and

their minority le-

gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


downloaded at


ty-legal-orderscfm

1 [2008] EWCA Civ 198



13 2003












20 the barrister



This article looks

at competition for


















referral fees

































































































of the Procureco












21the barrister










offer














































other

































































as personal actions
















22 the barrister


















newsround

up

23the barrister



















newsround

up

24 the barrister

Personal computers


quarters of British

homes nearly all


to the Internet via



































































the first place


briefly in turn























machines






systems







25the barrister










































reject












































































its existence










26 the barrister



















































Start early








of advice

Peter Sommer


wwwpmsommercom










pdf



[1974] AC 133





evidencepdf





27the barrister



The Association of

Women Barristers

Not the most modern

sounding organisa-



































1313

1313

13

13

$13$$$$ $$ $$ 13$ $$$$

$$ $$ $

13 13

$$ $ 13$ $$


















































and sticking to it






















































































28 the barrister

29the barrister

















years of the AWB





































just good advice














organisation










30 the barrister


speaking to some 20

sets of Chambers to

discover more about


responding to the








regional set
























profession




































clientsrdquo
























his 10-year tenure





31the barrister











































tree














barristers






another set though

we would not be

closed to the idea

if unexpectedly a


were to present

itself However we

would certainly

contemplate taking

on small groups

of barristers to

strengthen our

existing teams and


Brett Carver


been in situations

where we could

have considered

taking on 30-plus

members but we


the view there is


























01234 851797 or

















how longrdquo











Finding 5 Diversify















































and wide

































alikerdquo


individually
















dividends

32 the barrister

33the barrister
















embracerdquo






the Bar

wwwhewetsonshahcom

Hewetson Shah LLP

Direct +44 (0)203 008 5598

Mobile +44 (0)7531 674 203











Barrister_0212

SPS












EX

PE

RT

WIT

NE

SS S

ER

VIC

ES 34 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

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S





CRANBORNEASSOCIATES













35the barrister

Helping you

Flourish











the

barr

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rE

XP

ER

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ITN

ESS

SE

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ICE

S 36 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

RV

ICE

S




or care proceedings









37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

Integrity

Authority










Services include









IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 38 the barrister
















1918

2009

2012

1966






1842



13the barrister










your position























































planned for


crucial Is your

investment still

going to appear

as wise in 5

years Does

your provider

have a product

roadmap for

the future and

is their offering

c o m p a t i b l e

with the latest

i n d u s t r y

s t a n d a r d

s o f t w a r e

In essence

when you are


investment in

new technology

donrsquot only look

after today

consider the

position your

chosen provider

and their


years













14 the barrister



Another strong

decision has

emerged from the

Technology and

Construction Court

as a warning that









































or not







normal costs order

































undue cost or delay

















v Railtrack


























commented











sanction





































gtgth^EKtKE






15the barrister

















































commented

















































positions
















adopted

What next



















16 the barrister
















17the barrister

18 the barrister




report looking at





































traditions



















































































19the barrister















































to guide dogs3


























the state can

work construc-

tively with minor-

ity groups and

their minority le-

gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


downloaded at


ty-legal-orderscfm

1 [2008] EWCA Civ 198



13 2003












20 the barrister



This article looks

at competition for


















referral fees

































































































of the Procureco












21the barrister










offer














































other

































































as personal actions
















22 the barrister


















newsround

up

23the barrister



















newsround

up

24 the barrister

Personal computers


quarters of British

homes nearly all


to the Internet via



































































the first place


briefly in turn























machines






systems







25the barrister










































reject












































































its existence










26 the barrister



















































Start early








of advice

Peter Sommer


wwwpmsommercom










pdf



[1974] AC 133





evidencepdf





27the barrister



The Association of

Women Barristers

Not the most modern

sounding organisa-



































1313

1313

13

13

$13$$$$ $$ $$ 13$ $$$$

$$ $$ $

13 13

$$ $ 13$ $$


















































and sticking to it






















































































28 the barrister

29the barrister

















years of the AWB





































just good advice














organisation










30 the barrister


speaking to some 20

sets of Chambers to

discover more about


responding to the








regional set
























profession




































clientsrdquo
























his 10-year tenure





31the barrister











































tree














barristers






another set though

we would not be

closed to the idea

if unexpectedly a


were to present

itself However we

would certainly

contemplate taking

on small groups

of barristers to

strengthen our

existing teams and


Brett Carver


been in situations

where we could

have considered

taking on 30-plus

members but we


the view there is


























01234 851797 or

















how longrdquo











Finding 5 Diversify















































and wide

































alikerdquo


individually
















dividends

32 the barrister

33the barrister
















embracerdquo






the Bar

wwwhewetsonshahcom

Hewetson Shah LLP

Direct +44 (0)203 008 5598

Mobile +44 (0)7531 674 203











Barrister_0212

SPS












EX

PE

RT

WIT

NE

SS S

ER

VIC

ES 34 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

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ICE

S





CRANBORNEASSOCIATES













35the barrister

Helping you

Flourish











the

barr

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XP

ER

T W

ITN

ESS

SE

RV

ICE

S 36 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

RV

ICE

S




or care proceedings









37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

Integrity

Authority










Services include









IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 38 the barrister
















1918

2009

2012

1966






1842



14 the barrister



Another strong

decision has

emerged from the

Technology and

Construction Court

as a warning that









































or not







normal costs order

































undue cost or delay

















v Railtrack


























commented











sanction





































gtgth^EKtKE






15the barrister

















































commented

















































positions
















adopted

What next



















16 the barrister
















17the barrister

18 the barrister




report looking at





































traditions



















































































19the barrister















































to guide dogs3


























the state can

work construc-

tively with minor-

ity groups and

their minority le-

gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


downloaded at


ty-legal-orderscfm

1 [2008] EWCA Civ 198



13 2003












20 the barrister



This article looks

at competition for


















referral fees

































































































of the Procureco












21the barrister










offer














































other

































































as personal actions
















22 the barrister


















newsround

up

23the barrister



















newsround

up

24 the barrister

Personal computers


quarters of British

homes nearly all


to the Internet via



































































the first place


briefly in turn























machines






systems







25the barrister










































reject












































































its existence










26 the barrister



















































Start early








of advice

Peter Sommer


wwwpmsommercom










pdf



[1974] AC 133





evidencepdf





27the barrister



The Association of

Women Barristers

Not the most modern

sounding organisa-



































1313

1313

13

13

$13$$$$ $$ $$ 13$ $$$$

$$ $$ $

13 13

$$ $ 13$ $$


















































and sticking to it






















































































28 the barrister

29the barrister

















years of the AWB





































just good advice














organisation










30 the barrister


speaking to some 20

sets of Chambers to

discover more about


responding to the








regional set
























profession




































clientsrdquo
























his 10-year tenure





31the barrister











































tree














barristers






another set though

we would not be

closed to the idea

if unexpectedly a


were to present

itself However we

would certainly

contemplate taking

on small groups

of barristers to

strengthen our

existing teams and


Brett Carver


been in situations

where we could

have considered

taking on 30-plus

members but we


the view there is


























01234 851797 or

















how longrdquo











Finding 5 Diversify















































and wide

































alikerdquo


individually
















dividends

32 the barrister

33the barrister
















embracerdquo






the Bar

wwwhewetsonshahcom

Hewetson Shah LLP

Direct +44 (0)203 008 5598

Mobile +44 (0)7531 674 203











Barrister_0212

SPS












EX

PE

RT

WIT

NE

SS S

ER

VIC

ES 34 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

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ICE

S





CRANBORNEASSOCIATES













35the barrister

Helping you

Flourish











the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 36 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

RV

ICE

S




or care proceedings









37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

Integrity

Authority










Services include









IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 38 the barrister
















1918

2009

2012

1966






1842





















commented











sanction





































gtgth^EKtKE






15the barrister

















































commented

















































positions
















adopted

What next



















16 the barrister
















17the barrister

18 the barrister




report looking at





































traditions



















































































19the barrister















































to guide dogs3


























the state can

work construc-

tively with minor-

ity groups and

their minority le-

gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

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Kingrsquos College

University of Lon-

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19 April 2012

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1 [2008] EWCA Civ 198



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ity groups and

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gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


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1 [2008] EWCA Civ 198



13 2003












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ity groups and

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gal traditions

Author Details

Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


downloaded at


ty-legal-orderscfm

1 [2008] EWCA Civ 198



13 2003












20 the barrister



This article looks

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gal traditions

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Maleiha Malik is

Professor of Law


University of Lon-

don

School of Law

Kingrsquos College

University of Lon-

don

Minority Legal

Orders in the

UK Minorities

Pluralism and

the Law was

published by the

British Academy

Policy Centre on

19 April 2012

Copies of the re-


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1 [2008] EWCA Civ 198



13 2003












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[1974] AC 133





evidencepdf





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strengthen our

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Brett Carver


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where we could

have considered

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wwwpmsommercom










pdf



[1974] AC 133





evidencepdf





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on small groups

of barristers to

strengthen our

existing teams and


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ES 34 the barrister

the barristerE

XP

ER

T W

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CRANBORNEASSOCIATES













35the barrister

Helping you

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the

barr

iste

rE

XP

ER

T W

ITN

ESS

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RV

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S 36 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

RV

ICE

S




or care proceedings









37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

Integrity

Authority










Services include









IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 38 the barrister
















1918

2009

2012

1966






1842



SPS












EX

PE

RT

WIT

NE

SS S

ER

VIC

ES 34 the barrister

the barristerE

XP

ER

T W

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S





CRANBORNEASSOCIATES













35the barrister

Helping you

Flourish











the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 36 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

RV

ICE

S




or care proceedings









37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

Integrity

Authority










Services include









IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 38 the barrister
















1918

2009

2012

1966






1842



the barristerE

XP

ER

T W

ITN

ESS SE

RV

ICE

S





CRANBORNEASSOCIATES













35the barrister

Helping you

Flourish











the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 36 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

RV

ICE

S




or care proceedings









37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

Integrity

Authority










Services include









IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 38 the barrister
















1918

2009

2012

1966






1842



Helping you

Flourish











the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 36 the barrister

the barristerE

XP

ER

T W

ITN

ESS SE

RV

ICE

S




or care proceedings









37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

Integrity

Authority










Services include









IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 38 the barrister
















1918

2009

2012

1966






1842



the barristerE

XP

ER

T W

ITN

ESS SE

RV

ICE

S




or care proceedings









37the barrister








wwwnccgroupcom





wwwgeraldevecom

Independence

Integrity

Authority










Services include









IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 38 the barrister
















1918

2009

2012

1966






1842







wwwgeraldevecom

Independence

Integrity

Authority










Services include









IumlIuml

Iuml




plusmnLOODWHV



the

barr

iste

rE

XP

ER

T W

ITN

ESS

SE

RV

ICE

S 38 the barrister
















1918

2009

2012

1966






1842


















1918

2009

2012

1966






1842



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