Human Rights

The judicial balancing act required in cases involving competing human rights has created a “fundamental shift” in the way courts “do things”, Mr Justice Eady has said. 

Opening City University’s new Centre for Law, Justice and Journalism in March, Eady J pointed out that Parliament gave the courts “a free hand” to apply Strasbourg jurisprudence on the law of privacy. 

Oliver Doherty, who attended the 2009 annual Salzburg Summer School on international criminal law, commends the course to students and junior practitioners alike.  

At the end of the Bar Vocational Course, (soon to become the Bar Professional Training Course) many aspiring barristers, whether or not they have secured pupillages, seek opportunities for volunteering and broadening their horizons, including short university courses which focus on particular areas of practice. 

Sir Brian Neill, Richard Rampton QC, Heather Rogers QC,
Timothy Atkinson, Aidan Eardley
LexisNexis, 3rd edition (Aug 2009), £195.00, ISBN 978-0406178312 

Since the first edition of Duncan and Neill in 1978 the libel landscape has changed dramatically and looks set to continue doing so. Juries are no longer “in the position of sheep loosed on an unfenced common, with no shepherd” as Lord Bingham famously described them. More detailed directions are now commonplace and jury awards correspondingly smaller than in their zenith in the 1980’s; to the considerable relief of the popular press.  

Tom Allen meets Edward Fitzgerald CBE QC—the thorn in the side of successive governments 

“You always hear him before you see him’’ warns the smiling receptionist at Doughty Street Chambers. “He’s not always great with time keeping, but don’t worry. We’ll find him.” She glances around. “He must be somewhere. Has anyone seen Edward?” People rummage through rooms, as if looking for a shoe or a belt but there is no immediate sign. Then a door slams, a voice booms and there is laughter. Edward Fitzgerald CBE QC has been located. 

A working group of media professionals and lawyers has been set up by the Ministry of Justice to consider whether libel laws are having a chilling effect on freedom of expression. It will examine all aspects of substantive libel law but will exclude issues relating to costs in defamation proceedings. It is due to report back with recommendations by mid-March.  

Equality & Diversity

In response to a growing demand from the Bar for Equality and Diversity Awareness Training, and to the recommendation for such training in the Neuberger Report on Entry to the Bar, the Bar Council Equality and Diversity Committee has produced a diversity training toolkit. The model is designed to raise awareness of the equality issues that arise at the Bar through a series of worked exercises and is drawn from the practical experience of applying equality and diversity policies in chambers. The course is accompanied by written information on the equalities legislative framework and sessions are aimed at providing a brief and practical introduction to the diversity compliance requirements that affect the Bar. The programme runs for one and a half hours and qualifies for CPD accreditation. Courses based on the diversity toolkit are open to barristers, pupils, clerks and practice managers. Chambers Equal Opportunity Officers are particularly encouraged to attend. If you would like to attend a course please contact Angela Campbell at the Bar Council in the Equality and Diversity Unit acampbell@barcouncil.org.uk

Employment vetting law has been rewritten, warns Timothy Pitt-Payne 

In 2004, a woman (“L”) was employed by an employment agency that provided staff for schools. She worked as a playground assistant, supervising children during their lunchtime break. The agency applied for an enhanced criminal record certificate (“ECRC”) from the Criminal Records Bureau (“CRB”). The ECRC did not show any criminal convictions; but it disclosed that L’s son had previously been placed on the child protection register on grounds of neglect, and that he had been removed from the register after being convicted of robbery and given a custodial sentence. Soon afterwards she was told by the agency that it no longer required her services. 

Max Hardy reports on the UK’s participation in the 2009 International Moot Court.  

It sometimes seems that what lawyers contribute to the proper functioning of society is either overlooked or treated with an erosive level of cynicism. It was therefore hugely refreshing to go to The Hague where there is  a very different attitude. The city can lay claim to being the capital of international jurisprudence, being the seat of the International Court of Justice, the International Criminal Court and the International Criminal Tribunal for the former Yugoslavia. It was therefore a very appropriate place to take part, on 20–21 November 2009, in the International Moot Court (“IMC”). The IMC was founded 12 years ago to coincide with the 750th anniversary of the foundation of The Hague. 

THE third annual International Rule of Law Lecture was held on 9 December 2009 at Inner Temple. Judge Anthony Gubbay, a former Chief Justice of the Supreme Court of Zimbabwe, will give an address entitled ‘The Progressive Erosion of the Rule of Law in an Independent Zimbabwe’. He followed the lecture with a question and answer session. With approximately two hundred in the audience, and with the 2010 Chairman of the Bar Nicholas Green QC introducing the evening, the lecture will afford a fascinating insight into the rule of law and the problems facing Zimbabwe from one of the country’s most high-profile judges. 

Just in time for the General Election season, the Bar Counci l—at a reception at the House of Commons on 3 December 2009—launched a “Manifesto of Justice” in conjunction with Liberty, ILEX, JUSTICE, Legal Aid Practitioners Group, Law Centres Federation, and Advice UK. 

The group’s aim is to support three core principles: good governance and the rule of law, respect for human rights, and civil liberties and access tojustice. The event was intended to begin the process of making a strong case for the role of a good justice system.