Features

Four years on from its inception, the Supreme Court has evolved considerably. Alan Paterson examines its way of operating and how it contrasts with that of its predecessor, the Appellate Committee of the House of Lords  

In October the Supreme Court embarked on its fifth year as the UK’s top court. There has been a real changing of the guard since it began in October 2009. The new President and Deputy President are flanked by 10 Justices, only three of whom formerly served on the Appellate Committees of the House of Lords. This is an indication of the impact that a mandatory retirement age can have on an appellate court, which starkly contrasts with the position on the US Supreme Court where the turnover of Justices is much slower. Nevertheless for the first time since its inception the UK Court can look forward to a period of three years or so of stability in its membership. Stability makes a difference not just to issues that nobody notices such as room changes in the court – and yes, geography matters in final appellate courts more than the court watchers of the past have been aware – but to issues that they do, such as attitudes to single majority judgments, dissents and concurrences – in short, team-working. Here there has been a sea change from the Bingham era of the House of Lords. The intellectual weight of that Court – the strongest in the House of Lords in recent times – emanated from the individual strengths of its members. This meant that, unlike the English Court of Appeal (then and now), the House of Lords in its last decade was only intermittently collegial, in the technical sense of working together as a team. For Lord Bingham and most of his colleagues opinion writing, concurrences and dissents were largely a matter of individual preference. 

Bill Bowring explains the work and history of the European Human Rights Advocacy Centre and encourages a new generation  of barristers to get involved  

The European Human Rights Advocacy Centre (EHRAC) is celebrating its tenth anniversary, with recent events in Moscow and in London. EHRAC was founded in 2003 by a partnership of London Metropolitan University, the Bar Human Rights Committee, and the Russian NGO “Memorial”. Memorial was founded in 1989 in the USSR as the All-Union Voluntary Historical and Educational Society “Memorial”, as the result of an initiative in 1987 to establish a monument in Moscow to the victims of Stalinist repression. Memorial’s main focus has been (and remains) the accurate documentation and remembrance of victims of repression in the USSR and in today’s Russia. 

Dreams of an international legal career are shattered  

November 5, 2013: “Treason doth never prosper. What’s the reason? For if it prosper, none dare call it ‘treason’” – Sir John Harrington 

The lingering taste of delicious fresh pasta, seasoned with freshly cracked black pepper, fresh herbs, garlic and a sprinkling of Parmesan cheese, eaten to the accompaniment of a mandolin played by a one-legged Roman beggar, is receding apace. Rome. What a few days that was. After sobering up Paddy Corkhill sufficiently to travel by air, we arrived in the Eternal City and, following a shower, were motored to a delightful restaurant where three men were waiting for us. 

Sean Jones QC and Professor Dominic Regan give Counsel a tour of the wine around this Christmas  

There is an enormous range of bottles out there this year. Here are some that we think you will be glad to have bought. 

Sean Jones QC and Professor Dominic Regan give Counsel a tour of the wine around this Christmas  

There is an enormous range of bottles out there this year. Here are some that we think you will be glad to have bought. 

End of term report. As 2013 draws to a close, Toby Craig reviews the past 12 months in Westminster.  

As the finishing touches are applied to the 2013 review shows and we reflect on another passing year, it’s natural to turn our minds to what the past 12 months will be remembered for. There was no Olympics, no glorious summer of sport (though Andy Murray did  win Wimbledon, which probably makes up for all of that and more) and no seismic political changes at the ballot box. The third full year of the Coalition Government, perhaps like that difficult second album, has been one of consolidation, strained relations and a relentless and determined push towards the finish line. 

In the first of a series of articles from the Bar Council IT Panel, Jonathan Polnay addresses the issue of mobile devices and how they can be kept secure . 

Smartphones and tablets are no longer new technology. Solicitors and clients demand instant responses to e-mails. We think nothing of viewing drafts of documents on the go and suggesting amendments by return. This added productivity comes with added risks – significant security risks. 

Seeing and Believing? Professor Penny Cooper on observing witness and defendant demeanour  

On September 16 2013 HHJ Peter Murphy gave a ruling in R v D (R)  in relation to the wearing of a niqaab by the defendant during proceedings in the Crown Court. This first instance decision was widely reported in the media and generated discussion about religious freedom (though the judge found that the wearing of the niqaab was not a religious requirement) and to a lesser extent discussion about observing witness and defendant demeanour. 

After life on the circuit and (not far) beyond, la dolce vita beckons  

October 11, 2013: “All things atrocious and shameless flock from all parts to Rome” – Tacitus  

A London criminal barrister’s life has a pattern: a case at Snaresbrook, a plea at Inner London, a trek out to Harrow, something juicy at the Bailey, the joys of Woolwich. True, some buildings look increasingly ropey, the facilities in the Bar Mess diminish on an almost hourly basis, the coffee comes in larger cups at higher prices; but our interest does not come from these sybaritic niceties as much as the infinite variety of people that we meet. 

A Government consultation led to proposals to downgrade the status of Lewisham Hospital. The people of Lewisham took action and set up an Independent Panel of Inquiry. Michael Mansfield QC and Elizabeth Woodcraft explain the role that barristers played.  

In 1945 a remarkable vision was forged. People wanted a fresh start and a continued role in shaping their future. This deeply felt belief was in no way daunted by the paucity of resources nor the exhaustion of war. Intrinsic to this revitalised democracy was a foundation built on universal healthcare, education and access to legal welfare.