Features

Having spent eighteen months examining the family justice system, the Family Justice Review, chaired by David Norgrove, reported their findings in November 2011. Stephen Cobb QC, Chairman of the Family Law Bar Association 2010-2011, studies the Government’s response. 

The creation of a Unified Family Court, a new Family Justice Board, together with significant changes to family law legislation, supporting regulations, and practice/procedure in the family courts, particularly in the field of public law, are all signposted by the Government’s response to the final report, issued last November, of the Family Justice Review (FJR). These obvious changes to the family law landscape are expected to be eased along by what may and indeed will need to be a cultural change to the delivery of family justice. 

Job title
Barrister, 7 Bedford Row

7 Bedford Row is a leading national and international set, providing expertise in family law, clinical and professional negligence, personal injury, crime, insurance disputes, employment, fraud, contract and tort, sports law, and regulatory and white collar crime.

Your practice has developed beyond “conventional” crime and regulatory to include professional disciplinary work, and you have recently been award the Bar Pro Bono Award for your work on the Bar Standards Board. How has this come about, and why is the BSB work pro bono?

My practice has always involved an element of disciplinary work, and I have represented a number of legal, medical, financial and sports professionals before the disciplinary committees of various regulatory bodies.  

Benjamin Greenstone questions whether the criminal courts are keeping up with new social media 

While working part time in a Crown Court as a logger and also while Marshalling, I have seen a number of applications to adduce evidence of bad character based on evidence gleaned from social networking sites. This most commonly takes the form of information about who the witnesses and/or defendants are “friends” with on Facebook and who they “follow” on Twitter. 

As protestors from outside St Paul’s Cathedral are evicted, John Cooper QC, counsel for “Occupy”, considers the law surrounding the case 

The legal importance of the judgment in The Mayor, Commonality and Citizens of the City of London v Tammy Samede and Others, should not be underestimated.  In the context of the international ‘Occupy’ movement, it  ‘lit the blue touch paper’ in what is going to be an ongoing development of the law of public protest and how it is reacting to new forms of demonstration. On 13 February 2012, the case continued in the Court of Appeal, before the Master of the Rolls, as Occupy argued that the decision at first instance granted disproportionate relief to the City and failed to take appropriate regard to the appellants’ Article 10 freedom of speech and Article 11 freedom of association rights (under the ECHR). 

“Advocacy, past, present and future – Constant values for a modern Bar” is the theme for this year’s ICAB conference, to be held in London in June. Desmond Browne QC offers a glimpse of what is in store.  

Every two years the International Council of Advocates and Barristers (“ICAB”) organises a conference in a different city around the globe. ICAB, currently co-chaired by Stephen Hockman QC and Noelle McGrenara QC of Belfast, is an organisation formed by the Bar Associations in those jurisdictions where there is an independent Referral Bar. Past conferences have been held in places as far apart as Edinburgh and Cape Town, and as Dublin and Hong Kong. The memorable fifth World Bar Conference was held in Sydney over Easter 2010. Little did I think, as I swallowed white wine and oysters at the opening reception on the terrace of the Opera House, that the next conference would be in London and I would end up holding the short straw of being the programme’s organiser. 

The importance of recognising young people with speech, language and communication needs is increasingly being accepted and understood by the Youth Justice workforce. Anita Kerwin-Nye explains the benefits for all of raising awareness of this hidden disability 

A court appearance can be a complex and bewildering experience for anyone. But for a young person with speech, language and communication needs (SLCN) the process can be a minefield of jargon, misunderstanding and confusion. Research shows that over 60% of young people in the youth justice system have SLCN (Bryan, K 2008). This means they have difficulty communicating with others, a skill most of us take for granted; being able to say what you want and to understand what others are saying are the most important skills we need in life. However, young people with SLCN find it hard to articulate what they want to say, might have difficulty understanding what is being said to them or simply don’t understand social rules such as how to take turns in a conversation or to respond to what the other person has just said. Crucially, they may not be able to communicate effectively at a police interview or a court appearance, which could have profound implications. Indeed as the The Audit Commission Report, A Review of the Reformed Youth Justice, states “If a young person is inarticulate, inhibited or lacks understanding...this may lead to misunderstandings and even the passing of an inappropriate sentence.” 

Child and Youth Justice

There is no longer a presumption against children giving evidence in today’s family courts. Francis Wilkinson examines the recent Family Justice Council guidelines. 

“Guidelines in relation to children giving evidence in family proceedings” was issued by the Family Justice Council in December 2011. A Working Party was set up following the Court of Appeal’s recommendation in Re W [2009] EWCA Civ 644, the case which later went to the Supreme Court [2010] UKSC 12. In his Foreword, Sir Nicholas Wall, President of the Family Division, writes that following the Supreme Court decision, ‘there was no longer a presumption or even a starting point against children giving evidence in such cases’. However, the occasions on which children give evidence of abuse they have suffered continue to be very rare.  In contrast, according to the Crown Prosecution Service, 48,000 children were called to give evidence in criminal proceedings in 2008-09. That had risen from 30,000 in 2006-07.  Why is that? 

Child and Youth Justice

Brenda Campbell and Shauneen Lambe examine the report on the Youth Justice System recently released by the Centre for Social Justice.  

In February 2010, the Centre for Social Justice (CSJ), a think-tank founded by Iain Duncan Smith, launched a review of the Youth Justice System. January 2012 saw the release of the CSJ’s report on the Youth Justice System, “Rules of Engagement”. The thorough and well researched report is the result of 2 years work for the centre, gathering evidence country wide and from a diverse range of professionals. 

Toby Craig prepares for the London Marathon and asks members of the Bar also taking part how they have fitted training around their busy working lives. 

As a child, I spent more than one April morning on the Embankment cheering my dad through another of his five London Marathons. Last year, after a rather long hiatus, I was a spectator once again, this time watching my older brother compete. It’s fair to say that joggers run in my family.  This year, the gauntlet well and truly laid down, it’s finally my turn to tackle the daunting 26.2 miles of the most famous marathon course in the world. A subjective view perhaps, but as far as I’m concerned, New York, Chicago, Berlin and even Marathon to Athens itself have their attractions, but nothing beats London. 

Toby Craig prepares for the London Marathon and asks members of the Bar also taking part how they have fitted training around their busy working lives. 

As a child, I spent more than one April morning on the Embankment cheering my dad through another of his five London Marathons. Last year, after a rather long hiatus, I was a spectator once again, this time watching my older brother compete. It’s fair to say that joggers run in my family.  This year, the gauntlet well and truly laid down, it’s finally my turn to tackle the daunting 26.2 miles of the most famous marathon course in the world. A subjective view perhaps, but as far as I’m concerned, New York, Chicago, Berlin and even Marathon to Athens itself have their attractions, but nothing beats London.