Reviews

Author: Sir Stephen Sedley
Publisher: Hart Publishing
ISBN: 9781509917099

This is a rich collection of historical essays, learned articles, speeches and potted biographies. It is only at the end that we discover that as a young law student, the author/former Lord Justice of Appeal was the folk music critic for Tribune and once played an impromptu session with Bob Dylan at the Troubadour. It is worth noting this, when one reads forward, that at least one judge was never out of touch with the zeitgeist.

‘The whirligigs of time’ is the phrase from Twelfth Night appropriately first uttered in an Inn of Court. In a lecture at Edinburgh Sir Stephen pointed out the speed at which our notion of human rights has changed, eg how have we gone in a generation from seeing same gender sex as a sin to something protected by the human right of privacy? ‘It is the revenge which time is for ever taking on things we imagine to be timeless’.

Having been a pioneer of modern administrative law while at the Bar and having spent 19 years on the bench, the pieces inevitably dwell on how the law has changed and on how judges fit into the constitutional arrangement. He deals with the media-fed perception that judges are ‘unaccountable’. Here as elsewhere he points his guns towards the mischief caused by the illiberal parts of the media – one of Sir Stephen’s attributes being an encyclopaedic memory of all the silly things which have been printed over the years. ‘I do not imagine that the unelected-and-unaccountable critics want judges who have to be voted in or can be voted out.’ A judge who can be removed by government or the electorate ‘lacks the central attribute of judicial office, independence’.

The ‘People’ section includes his Oxford Dictionary of National Biography entries on Lords Scarman, Bingham and Diplock, and his obituary of Lord Denning. Magisterial, frank and unafraid to debunk some much-loved misconceptions about some of these men, they are excellent introductions to some important legal lives. Almost the last passage in the book is his advice to Oxford law students: ‘Possibly the hardest thing to achieve in legal practice is losing a case well... I mean leaving court knowing that you couldn’t have done more.’

Perhaps in the future we shall hear something of those students. Meanwhile we look forward to hearing more, in his ostensible retirement, from Sir Stephen.

Reviewer: David Wurtzel

Blind Defence
Author: John Fairfax
Publisher: Little, Brown (2018)
ISBN: 9781408708750

This is a long book – more than 300 pages – and having invested time in reading it, one is predisposed to want this to be well spent. The protagonist rivals Morse, Tennison or Sherlock in having unexpected characteristics that draws you in. A defence barrister, who has himself served a term of imprisonment, he presents as a flawed hero and is the underdog the reader is silently rooting for. Following in the best traditions of crime drama, clues, the characters’ background and histories are revealed bit by bit to form a veritable jigsaw.

Optioned for television, it is easy to see how this beautifully written book by William Brodrick (who practised as a barrister before writing full time; Fairfax is his pen name), would transfer to screen sympathetically. There is vivid imagery to exploit; houseboats, East End gangsters, organised-crime lords, dark alleys, sudden deaths and fishermen all feature. With political strands being interwoven into the topic of law, different social classes, and an unspoken commentary thereof featuring, it ticked all the boxes one has come to expect with this type of novel.

However, it also appeared to be something of a Harry Potter novel; the multiple strands and little details – which one felt sure should amount to a startling revelation – are never fully explored. I would not be surprised that this second book featuring the double act of De Vere (solicitor) and Benson (counsel), will be followed by a third, and possibly more books, with additional disclosures. Ultimately, I was left slightly annoyed and cheated that some of the detail of the clever plot was not well explained. I still do not understand the significance of an infamous cigarette butt (on which much turns inexplicably), despite going back to see if I have missed something! That said, when the next book comes out, will I read it? Just try and stop me. And when this is on television, I may shout at the screen occasionally – but I will enjoy doing so.

Reviewer: Melissa Coutinho

An Illustrated History of Gray’s Inn
Authors: David Barnard and Timothy Shuttleworth
Publisher: The Honourable Society of Gray’s Inn
ISBN: 9781527219076

It is more than 70 years since Francis Cowper’s magisterial A Prospect of Gray’s Inn was published and more than 40 years since it was revised. Small wonder then that the Graya Board thought that the time had come for a fresh history which, by chronicling the Inn’s past and describing its present might assist in guaranteeing its future. Albeit it was only recently that the Inn’s traditional and exclusive role in calling its students to the Bar and conferring upon them in consequence the right to practice as barristers was enshrined in statute, they nonetheless need to be vigilant to fend off critics who question the justification for such mediaeval bodies to survive in modern times.

This handsomely produced volume takes the reader through the centuries at an educated canter. Replete with well-chosen illustrations it has the feel of a classic coffee table book, though it will no doubt be enjoyed by readers enjoying more stimulating liquid after a hard day in court or at the computer. Many of them may well be professional denizens of the Inn itself, which could not have happened before the 1970s, when for the first-time chambers were established in Gray’s outside the confines of the two Temples or Lincolns Inn. Nowadays the Inn can boast leading sets in the fields of commercial, insolvency, defamation, criminal, construction and public law, as well as human rights specialist Matrix, a creation of the new millennium.

Two of the three aptly named ‘pioneers’ whose names are specifically mentioned in this context were Richard Yorke QC and Douglas Frank QC who amalgamated two cohorts of commercial and planning lawyers into a single set at 4/5 Gray’s Inn Square through whose doors passed a diverse number of stars such as Konrad Schiemann (later a judge at the European Court of Justice), Appellate Judges such as David Keene, Alan Moses and Jeremy Sullivan and high profile advocates such as George Carman and Cherie Booth. The set also instigated associations (which continue to this day) with eminent academics such as Sir Wade and Gunter Treitel as well as with prominent lawyers from overseas jurisdictions. In the mid-nineties (when I was joint head) it was runner up three years in succession as Chambers of the Year, and under its present leadership and with scope for expansion is looking to scale the same heights a quarter of a century on.

The smallest of the Inns, Gray’s has always punched above its weight. On one glorious month in 2017 it boasted (though discreet pride is more its style) the first woman President of the Supreme Court, the Lord Chief Justice and the Master of the Rolls, and has just added the President of the Family Division to its number of high office-holders. The Inn of Bacon, Holt, Birkenhead, Atkin and Bingham fully deserves a commemorative work of this distinction.

Reviewer: Michael J Beloff QC, Treasurer of Gray’s Inn 2009