Features

Freya Newbery explains the issues surrounding career breaks for barristers and reports on the recent Bar Council “Managing Career Breaks” seminar.  

As part of its commitment to retaining women in self-employed practice, the Bar Council hosted an immensely practical half-day seminar, “Managing Career Breaks”, on 23 October 2009. The seminar provided practical guidance to both barristers beginning a break or planning to return to practice following maternity leave or a career break, and those in chambers—such as equal opportunity officers, clerks and practice managers—responsible for managing career breaks and helping returners to re-build their practices. 

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. 

Following the difficulties experienced by Cardiff Law School’s “Quality Assurance for Advocates” pilot programme what are the options available for future monitoring schemes, asks David Wurtzel.  

One of the aspects of being self-employed is that there is no one to appraise or quality assure you. The prospect that this might change for the Bar arose three and a half years ago when Lord Carter recommended, “A proportionate system of quality monitoring based on the principles of peer review and a rounded appraisal and should be developed for all advocates working in the criminal, civil and family courts”—and in the first instance, for publicly funded criminal advocates. This was sometimes referred to as the “Carter trade-off”: practitioners would receive more money and in return would institute quality assurance (“QA”). The money was indeed forthcoming but QA was not. Ironically, just when the government is likely to renege on most of the rise in fees, criminal court advocates finally do face the development of a QA programme. The details are very far from decided. 

Names: Alex Taylor and Paul Martenstyn 

Positions: Director of Clerking and Team Leader 

Chambers: Fountain Court 

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. 

Ashutosh Khandekar on opera as a virtual experience.  

In his essay Art and Revolution, published in 1849, Richard Wagner first applied the term “Gesamtkunstwerk” to opera —a “universal art form” that draws together many facets of culture and creativity, merging them into a single expressive whole. Had he been writing a century and a half later, Wagner’s choice of word to describe opera, with its heady mix of music, drama, design and, increasingly, technology, might well have been “multimedia”. 

Dr Steve Connor, the Chief Executive of the National Centre for Domestic Violence, explains why he set up the charity. His work as a McKenzie friend has fired his interest in a career at the Bar 

By the time I begin what I hope will be a practice at the Bar, I will have completed nearly seven years as an advocate. It began in 2002, when I became aware that thousands of people who leave abusive relationships find the door to legal protection closed. I witnessed this first-hand when a friend failed to secure legal assistance for obtaining a civil injunction. This led me to found what is now the National Centre for Domestic Violence (“NCDV”), a specialist charity offering a free emergency injunction service. 

Let us hear the suspicions. I will look after the proofs” – Sir Arthur Conan Doyle. Twelfth Night, 2010. 

I have been reading last year’s Diary entries. I think I was in danger of succumbing to depression just before Christmas. Fortunately, it was the effect of too much work. Andrew, my senior clerk, made up for his deficiencies in finding me any decent work after the summer break by cramming half a year’s work into December. 

In April 2009 four regional Administrative Court Centres were opened. David Gardner explains why this was necessary 

The Administrative Court (part of the Queen’s Bench Division of the High Court) hears all applications for judicial review and also some statutory appeals and applications (including applications for habeas corpus and extradition appeals). It is by way of the judicial review procedure that a person may challenge the act or omission of a public body. There are few better illustrations of the accountability of the State than the existence of the judicial review process. 

Hilary Tilby discusses the dangers of using alcohol and drugs as coping mechanisms for dealing with a stressful practice and highlights the help at hand 

When you are subject to long-term stress, the result is that you feel grim – not sleeping well; unable to think clearly; losing your joie de vivre; losing confidence in your own judgement and abilities etc. Naturally, you want to feel better, so what do you do? If you are, as is likely to be the case, the normal legal personality (unable to delegate, driven, perfectionist, the A type personality) then you look for a quick fix, because, by definition, the legal personality is too busy to wait for anything to change. It must be immediate. And what has an immediate effect? Nicotine, sugar, and more potentially damaging, alcohol and drugs.