Features

Toby Tallon examines the findings of Smith & Williamson’s recent survey of barristers’ chambers  

Despite widespread challenges facing the Bar, a recent survey by Smith & Williamson also revealed positive attitudes and potential opportunities for many members of the profession over the next few years. Given that barristers’ chambers are facing a period of potentially significant change, it seemed an appropriate and interesting time to undertake a survey. We first started this initiative two years ago and in our conversations with barristers, senior clerks and practice managers it became clear there was a dearth of information on the profession. As a result we undertook to organise a survey to help inform the discussion. This article summarises our findings. 

Author: Nick Chambers QC
ISBN: 9780955657689
Publisher: OblongCreative Ltd
Published: October 2012
Price: £19.95 Hardback  

Alternative histories are usually gloomy affairs, the dystopic visions of writers in their garrets conjuring “what if” scenes of Nazis marching triumphantly up Whitehall, Czars enthroned in the White House or the lack of scientific progress under an all-powerful, unreformed Papacy. 

This year’s Bar Conference took place on 10th November.  Counsel editorial board members Toby Craig, Nichola Higgins, Chris McWatters and David Wurtzel report  

Reaching the Tip of the Pyramid
Toby Craig reviews Lady Justice Rafferty’s keynote speech and the Chairman’s annual address  

“It is a truth universally acknowledged that a single professional in possession of a good practice must be in want of a better one.” Alluding to Austen, so opened Lady Justice Rafferty’s hugely well received keynote address to the 27th Annual Bar Conference. 

Job title: Silk, 3 Verulam Buildings 

3 Verulam Buildings is a leading set of Chambers specialising in domestic and international commercial and business law, arbitration, banking, insolvency, fraud, professional negligence, energy, IT and insurance/reinsurance.  

You are widely regarded as an international commercial litigation heavyweight. To what do you credit your success?
I have always taken the view that my work is about achieving the best result for my client rather than fighting for the sake of it. I think clients appreciate that commercial approach. I also bring an international perspective – I think it helps I am half Iranian married to a Jamaican (of Lebanese origin). I have always been someone who travels a lot and international work really appeals to me. I am lucky to have a very understanding and supportive family who give me the freedom to travel as extensively as I do. I think I have benefitted from not focusing on a narrow area of commercial law and from sitting as an arbitrator as well as acting as an advocate. I have also been fortunate to work in a set that is forward thinking and dynamic. 

As 2012 comes to a close, Toby Craig and Charles Hale look back at the high (and low) lights for Counsel  

A year to remember
At the beginning of the year, 2012 seemed full of promise. A London Mayoral election, a Presidential race, the final stages of LASPO lobbying, the Coalition Government still finding its feet, the Diamond Jubilee and of course, the London Olympics. With so much to play for, would it, could it, ever live up to all the hype..? It’s rarely good form to answer a question with a question, but how could you ever have doubted it? This was a year to live long in the memory. The changes have been seismic, the glories have been historic and the lows may leave a legacy more lasting than the regeneration of East London. 

A joyous occasion is marred by a spectre at the feast  

October 8, 2012: “The best laid schemes o’ Mice an’ Men, Gang aft agley” - Robert Burns  

I had hoped that my junior, Miss Henrietta Briar-Pitt would be working on the looming case of R. v. Jason Grimble, alleged co-murderer of Britain’s least popular former circuit judge, Claude Allerick, who was shortly to be tried at the Central Criminal Court by Claude’s successor from the judicial charisma by-pass section. Instead of which, I was ensconced in her equestrian pile, due to give her away to Mr Justice Pennington, batchelor knight, until, that is, recent dietary indiscretions caused a parting of her garments at an eve-of-wedding supper, prompting an apparent withdrawal from the nuptial event. 

Sam Blom-Cooper and Francesca Delany escaped the Bar for a year to cycle across Europe and Asia to Cambodia. Here they report back to  Counsel 

“Don’t be ridiculous!” – Not the exasperated plea of a Head of Chambers nor the disapproving words of a concerned Senior Clerk, when informed of our plans to cycle across the world for a year, but the words of a somewhat over-sized and sweaty border-guard, patrolling the Iran-Turkmenistan frontier that marks the gateway to more than 500km of Karakum Desert sands. Our friendly immigration official seemed equally bemused, however, by our declining his offer of 8am shots of vodka as he was by our choice to head out onto the lonely and already melting desert highway. By 9:30am the thermometer would be nudging 50°C. Sticky tarmac and absurd heat notwithstanding, at least Francesca was now freed of the uncomfortably hot, conservative attire that crossing Iran had entailed. 

Having spent two weeks in the Lioness Mountains, Peter Smith turns the spotlight onto the developing justice system he encountered there.  

Mention Sierra Leone and one’s first thoughts are of a small, poor country in sub-Saharan Africa, the grimiest part of the continent, still recovering from a brutal insurgency that was only ended when Tony Blair sent British forces to intervene in 2000. 

Charlotte Rachael Proudman on the law surrounding forced marriage and the developments surrounding its criminalisation  

On Friday 8 June 2012 the Government announced that forced marriage will become a specific criminal offence. This follows the announcement in October 2011 that breaches of forced marriage protection orders (FMPOs) will likewise be criminalised. The legislation will not be introduced until the 2013/2014 Parliamentary session. 

The decision to criminalise forced marriage emanates from concerns that the current legal initiatives are not doing enough. Between January and May 2012, the forced marriage unit (FMU) provided advice and support in 594 cases and the numbers of reported instances increase each year. In addition to forced marriages occurring in Britain, the UK’s embassies and high commissions continue to rescue British victims who are forced into marriages overseas, and repatriate them back to the UK. Research carried out by the Department for Children, Schools and Families’ estimated that the ‘national prevalence of reported cases’ of forced marriages in England was between 5000 and 8000. 

The DSP is to the Armed Forces what the DPP is to civilians. Bruce Houlder QC DL, the first Director of Service Prosecutions, reflects upon his years in the role.  

In May 2008, after some 39 years at the Bar, I took up the challenge to create a new prosecuting authority for the Armed Services, and thus became the first Director of Service Prosecutions (DSP). The role was created by the Armed Forces Act 2006 which wrought significant changes to the service justice system. I am glad I took the leap. I have worked alongside intelligent, well motivated servicemen and women, and have been left with an enormous respect for the role they play in support of Service law and discipline, in the advisory sector, on operations, and as prosecutors. Initial difficulties and some avoidable obstructions were soon swept away, and a well respected joint prosecuting authority has emerged.