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Trouble in paradise

Stephen Cragg, in the Maldives to observe on behalf of the Bar Human Rights Committee the prosecution of ex-President Mohammed Nasheed, reveals a very different side to the ‘paradise’ islands.  

The Maldives is a destination probably best known to some barristers as a place to soak up some winter sun and relieve the stress of professional life, on one of the luxurious island resorts which are strung out both north and south of the capital city of Male, home to about two thirds of the 300,000 population of the Maldives. 

31 January 2013
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Politicians and judges

The Attorney General, Dominic Grieve QC MP, explains how he sees the relationship between politicians and judges  

A new polemic has emerged that the sovereignty of Parliament is being eroded and that the power of the judges, here and in Europe, is increasing to the point of their becoming the governors. 

31 January 2013
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Rebecca Wilkie & Chris Broom

Rebecca Wilkie's job title: Chief Executive, BPBU
Chris Broom's job title: Senior Clerk, Gray’s Inn Tax Chambers Management Committee member, BPBU
 

The Bar Pro Bono Unit is a charity which facilitates pro bono work from volunteer barristers for those who cannot afford to pay and who cannot obtain public funding.  

What do you credit the success of the Bar Pro Bono Unit (BPBU) to?
RW: The people who work with us. 75% of our cases are placed through clerks so their commitment makes a huge difference in enabling our requests for help to spread as far as possible across the Bar. 

31 January 2013
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Going Dutch

Dutch flagMax Hardy explains how an effective introduction to Continental law can be gained through the Anglo-Dutch Exchange  

A common, although not universal, failing among many English barristers is a surprising ignorance of foreign jurisdictions. Of course we are familiar with the Common Law jurisdictions of the Commonwealth and the United States and used to citing their cases, but when it comes to our near European neighbours sometimes a blank is drawn. 

31 January 2013
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WestminsterWatch - February 2013

When the facts change. Toby Craig examines Coalition mid-term policies and progress   

Politicians are often accused of not keeping their promises. There’s a good reason for that; they often don’t. And there’s usually something to hide behind. 

It has, however, become unusual for governments to provide full assessments of the promises they made and whether or not they have kept to them. Labour had its annual reports under Tony Blair, but these were quickly slipped back into the cupboard as their political inconvenience became clear. Whether it was by accident or design, that is exactly what the Coalition Government has produced in its mid-term review. Given the memo which Number 10 adviser, Patrick Rock, inadvertently revealed to Downing Street photographers, which warned of ‘problematic areas’ which might produce ‘unfavourable copy’, there were certainly questions raised at the heart of Government as to how extensive the published material would be. 

However, whether or not that forced the Coalition’s hand, the warts and all review was released and was ultimately a fairly dry and technical progress report, detailing the 70 or so unfulfilled promises, including in criminal justice. There weren’t all that many headlines; the interest, as ever, was more with the perceived potential cover-up than the act itself.
Well, perhaps breaking pledges is not always a bad thing. As Keynes was reported to have asked, “When the facts change, I change my mind. What do you do, sir?”, and the economic situation (or at least our understanding of it) has steadily worsened throughout this Parliament. It is of greater concern when politicians rigidly stick to their guns in the face of all evidence to the contrary. (LASPO anyone..?) 

One for all and all for Onesie
All this seemed like a good time for Nick Clegg to hit the airwaves and take his case to the voters directly. Perhaps remembering his success at answering unseen questions during the election campaign (rather than looking fairly glum on the Government benches), he engineered a regular radio slot on LBC and largely came across quite well, reiterating the Lib Dems’ commitment to the Coalition and, somewhat bizarrely, his ownership of the latest fashion must-have, the Onesie (soon to be seen in robing rooms across England and Wales, no doubt). 

It is no bad time to be challenging the public’s perception of Parliamentarians. With the expenses scandal still fresh in all of our minds, and with many previous ‘entitlements’ now unavailable, a YouGov poll, commissioned by IPSA, found that 69% of MPs felt they were underpaid, with the average suggested uplift being from £65,738 to £86,250. There’s probably a strong case to be made in favour of that view (particularly if we want to attract the best possible candidates away from the private sector). Although MPs are now unable to award themselves pay rises, when there are not insignificant numbers of people choosing between food and fuel, it seemed an unfortunate time to hold that view. Instead, they will have to settle for a 1% rise. What’s more, there is unlikely to be much sympathy in large swathes of the public sector (not least the legal aid Bar) where cuts remain the order of the day. 

Picking at an old wound
But whilst fixating on their pay, that other old obsession, at least of Conservative MPs, is never too far from the surface; the perennial problem of Europe. As WW went to press, the Prime Minister was preparing to deliver a long-awaited speech on the relationship between the UK and the EU, with many expecting some form of referendum to be promised for the next Parliament, should the Conservatives win a majority. This could fairly be described as Cameron’s best attempt to kick the issue into the relatively long grass, whilst seeking to head-off UKIP’s attraction to the Tory Euro-sceptics looking for a suitable home for a protest vote. It is unlikely that either the Prime Minister or the Chancellor seriously wish to contemplate a European exit, but there is a growing and vocal move to force their hand into action, not least from the Party’s 2010 intake. Whether Cameron will be able to placate everyone with one rhetorical flourish seems unlikely. President Obama’s second inaugural address seems a more straightforward task in comparison. 

Still on probation
Meanwhile, as Chris Grayling still settles in to his new role in the MoJ, prisons and rehabilitation continue to dominate his in-tray. The potential undoing of many Home Secretaries until responsibility for prisons was shuffled over to the Ministry of Justice, dealing with offenders appears to be dominating the new Justice Secretary’s time. Indeed, other than a few mutterings about a legal aid review, there has not been much time for the huge issues of LASPO, criminal contracts, regulation, the international growth of the legal services sector or a number of other issues uppermost in the legal profession’s mind. The latest issue is over who should take responsibility for the probation service, as Grayling announced that the public probation service would focus only on the most dangerous or high-risk offenders. 

A wholly outsourced system, the Lord Chancellor admitted, will not produce instant results (after so many false starts, it doesn’t seem like anyone could reasonably expect such a thing; but since when was the criminal justice system judged against reasonable expectations?). The new system will rely upon a hybrid of public, private and voluntary services. It is a major and ambitious proposal, which met with aggressive opposition from many working in the sector, who branded the move as purely ideological and lacking an evidence base. 

Whichever side of the argument one assumes, it is clearly a political minefield. With recidivism still an enormous problem, however much expectations are managed, a few high profile incidences of re-offending by those under new arrangements are bound to grab headlines and cause difficulty. All this reiterates the inherent barriers in having to tackle such a breadth of policy areas within one Government Department and whether each is able to demand the attention they deserve. 

A busy and acrimonious start to the year in Westminster then, with more focus on the success or failure of Government initiatives and pledges than on the light legislative agenda. Whatever is produced by the spin machines on either side, almost every policy will eventually return to affordability, and in turn to the size of the deficit. In that respect, there’s nowhere to hide... 

Toby Craig is the head of communications at the Bar Council. 

31 January 2013
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Secret E-Diary - February 2013

Old friends lead to reflections and regrets about old times. 

January 12, 2013:  "Nostalgia isn’t what it used to be." - Peter De Vries  

The usual January panic is upon me. Returning to work in the first part of January is always depressing and I had some days to make up as a Recorder. 

31 January 2013
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Tarnishing: “The lamp that shows that freedom lives”

Section 8 of the Contempt of Court Act 1981 poses problems for the  public interest in an effective jury system – Peter Yates explains the thinking behind the Law Commission consultation  

Has the Contempt of Court Act 1981 survived the arrival of the internet? Can juries be trusted in an era of modern media? These are just two of the challenging questions underlying the Law Commission’s latest work on Contempt of Court. This article focuses in particular on s8 of the Contempt of Court Act 1981 and its impact on juries. 

31 January 2013
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Women's forums: self-indulgence or self-preservation?

Women's handsNichola Higgins assesses the role of women’s forums in achieving equality within and retaining women in the Bar.  

“I’m not sure I approve of women’s lawyers forums,” was Mrs Justice Gloster’s opening gambit as she delivered the key note speech at the second Middle Temple Women’s Forum on 4 October 2012. “...Or women’s networking groups…Does it achieve anything? Or does it betray an unjustified lack of confidence in our own status and in what we have achieved? Why do we need them?” 

31 December 2012
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WestminsterWatch - January 2013

Winter of Discontent? Toby Craig looks at what the year ahead holds both for the country and for the Bar  

As the strains of Auld Lang Syne fade gently away, the stoppers on the sherry decanters are replaced for another year and the festive decorations are restored to the attic, we should all now be rested, rejuvenated and ready to greet 2013. And what a year it promises to be. We may not have a home Olympics to look forward to, or a big election, or even a Jubilee, but there will be plenty to fill these pages in the coming months. 

31 December 2012
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Secret E-Diary - January 2013

“The lights are beginning to go out for some, including the most able, all over the Temple - and not just the Christmas ones” 

December 7, 2012: “A fool may be known by six things: anger without cause; speech without profit; change without progress; inquiry without object; putting trust in a stranger, and mistaking foes for friends” - Arabian Proverb 

There is something wonderfully reassuring about public inquiries. First, we have a scandal; then we have embarrassed politicians who desperately want to kick the problem into the long grass; next there is the high-ranking judge lured into the public arena together with an army of barristers and solicitors; this is followed by months of public hearings where some advocates achieve minor cult status for a very short time and then, after a delay of weeks, months or sometimes years we get the report. Finally, we have the politicians’ response, in which they agree to do anything a clever civil servant could have told them to do in the first place and resolutely refuse to do that which they had no intention of doing from the kick-off. Predictably, whilst our courts fall apart around us and the facilities deteriorate below those of a run-down housing estate and the legal profession is squeezed and browbeaten, there is always plenty of money for these public circuses of utter pointlessness. 

31 December 2012
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Chair’s Column

Heading into summer

Chair of the Bar Sam Townend KC encourages colleagues to take a proper break over summer and highlights recent events and key activities for autumn

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