News and events listing - Institute of Advanced Legal Studies

Institute News
Recent events
The Institute has had an energetic start to the 1997
academic year, with The Company Lawyer Lectures and our
Fiftieth Anniversary Lectures continuing to run until the end of
the year. It is gratifying to note that both these lectures have
continued to draw large and diverse audiences not only of
academics and students but also of solicitors, barristers,
regulators and other professionals. The Institute was also the
organiser, at the request of the Indian High Commission, of a
lecture given in celebration of 50 years of Indian independence
by the Hon Chief Justice of India, Mr Justice J S Verma.
Reflecting the prestigious nature of the event, the lecture was
chaired by Lord Woolf of Barnes and the Vote of Thanks was
given by His Excellency Dr Laxmi Lall Singvi. Although the
organisational time was short the lecture was delivered to a
capacity audience in the Institute's lecture theatre.
On Thursday 11
September the annual conference on
Developments in Company Law was held at the Institute. This
year the topic under consideration was The QuestJor an Ideal Form
for Small Businesses. The conference was organised under the
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auspices of the Institute's Centre for Corporate Law and
Practice in association with the Centre for Business Law at the
University of the Orange Free State and the Society for
Advanced Legal Studies. The keynote address in the morning
was given by Mrs Judith Freedman, Reader in Law at the
London School of Economics and Political Science. Other
speakers included Ms Josephine Bisacre, Mr Mads Andenas, Dr
Frederique Dahan, Ms Diana Faber, Professor Johan Henning,
Mr Andrew Hicks and Professor Harry Rajak. The conference
was well attended with participants drawn from as far afield as
Newcastle, Cardiff and Exeter. The success of both the 1996 and
1997 conferences, as well as the success of the ongoing
Company Lawyer Lecture confirms the Institute in the belief
that there is a need, and an audience, for conferences with an
academic orientation devoted to the exploration of company
law.
On Tuesday 21 October, the Institute held an all day
conference on Reporting Financial Crime: complex cases in A Media
Age (see below for a full report on the conference). The
conference was organised under the direction of Audrey
Stephenson-Burton, Research Fellow in Banking Regulation at
the Institute. This was an interdisciplinary conference which, by
its very subject matter, crossed traditional academic boundaries
and addressed a subject on which relatively little research has yet
been carried out although it is a topic in which everyone has
opinions gleaned from coverage in the press. Speakers included
a number of journalists, press officers and solicitors, who could
address the practicalities and realities of reporting, as well as
prosecuting and defending those accused of involvement in
financial crime. Academic participation included the keynote
speaker, Professor Michael Levi, Director of Criminological
Studies at the University of Wales, Cardiff, as well as Professor
Paul Walton and Clem Lloyd from the London School of Music
and Media at Thames Valley University, Howard Turner,
Professor of Sociology at City University and Barbara Spalek
from the Law Department of Brunei University. It was a lively
conference in which views were strongly held and vigorously
defended.
Specialist workshops aid Turkish regulators
At the start of 1997 the IALS launched an initiative funded
by the Turkish Government which involved the organisation and
presentation of five specialist workshops in Ankara, hosted by
the Turkish Capital Markets Board. This programme is designed
to assist the regulators in Turkey to adjust their procedures to
come rather more into line with the practise of similar
authorities within the European Union. Of course, over the
years the lALS's International Professional Training Unit
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(IPTU) has undertaken a great deal of training for organisations
such as the Know-How Fund of the Foreign and
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Commonwealth Office, designed to facilitate integration and co­
operation within and between the EU and other European
states. The five workshops in Ankara focused on practical issues
such as the prevention and control of money laundering, insider
dealing, market manipulation and financial frauds, in the
context of EU law. It is anticipated that further and expanded
projects with Turkey will be developed over the next year.
Fellowships attract strong candidates
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In 1977 the Law Society's Standing Committee on
Company Law established a Senior Research Fellowship in
Company Law at the IALS, and over the years holders of this
prestigious Fellowship have made a very significant contribution
not only to the work and deliberations of this Committee, but
also to academic company law. The IALS has reluctantly
accepted the resignation of the present Senior Fellow, Ms Joanna
Gray, who will be returning to the University of Newcastle in the
New Year. Over the last year Joanna has made a very important
contribution to the work of the Committee in many areas and
has played a significant role in developing the Institute's Centre
for Corporate Law and Practice (CCLP). We are delighted that
she will retain a close association with the IALS through both
the CCLP and its various publications. The IALS has advertised
for applicants for the Senior Fellowship which will be vacant
from 1 January 1997.
Professor Janet Dine, of the University of Essex, and a
former Senior Research Fellow in Company Law herself, has
been elected to the newly created Visiting Senior Fellowship in
Corporate and Commercial Law with effect from October 1997.
The CCLP has also been strengthened by the election of Dr
Simone White and Dr Cento Veljamovski, who join Dr
Frederique Dahan and Dr Derek Obadina as Associate Research

Fellows. The Institute has also created a new post for an
additional Information Officer who will be responsible for
developing a database on company legislation and a newcorporate
law bulletin.
At the start of the new academic year the Institute also
welcomed as an Inns of Court Fellow Professor S Kupfer from
the Golden Gate University in the USA, who will be working in
the areas of ethics in the legal profession and access to civil
justice. Dr V Lipp, from the University of Mannheim, also
joined us as a Visiting Fellow and will be engaged in comparative
research on the law relating to protection of persons under
disability and incapacity. Another Visiting Fellow is Mr A Huxley
of SOAS, who will be working in the field of comparative natural
law. We are also very pleased to welcome Mr David Wills, the
Squire Law Librarian at the University of Cambridge as our first
Visiting Fellow in Law Librarianship. Ms Virginia Towler, from
the US Justice Department, will be spending the next year with
us as the Atlantic Fellow in Public Policy. She will be focusing on
the law and practice relating to international assistance in
criminal matters.
The Academic Policy and Standards Committee of the
School of Advanced Study has recently given its approval to a
new diploma course at the IALS on legislative studies. This
course will build upon the highly successful course on legislative
drafting that Sir William Dale has been running for many years.
Sir William's Centre for Legislative Studies, which was set up
earlier this year, will also be strengthened by a new Fellowship in
Legislative Studies, which has been advertised. Professor A
Pizzorusso, of the University of Pisa, has also taken up the Sir
William Dale Visiting Fellowship in Legislative Studies.
Finally, I am delighted to be able to announce that Dr Chizu
Nakajima has been awarded a PhD by the University of London,
for her dissertation on the law relating to the regulation of
conflicts of interest in English, American and Japanese law. Dr
Nakajima has been registered at the IALS; formerly of Keio
University and the University of Cambridge, she is now a senior
lecturer in financial regulation at the City University Business
School.
The global markets — crime and law reform
The impact of globalisation of business came to the fore in
two recent conferences which the Institute of Advanced Legal
Studies participated in organising. The first was the annual
symposium on economic crime which took place in Cambridge
from 14 20 September 1997. The symposium is now in its
fifteenth year, although the IALS became one of the principal
organisers only two years ago. This year's programme focused
on the implications of the globalisation of financial business and
trade on the incidence and character of serious criminal activity
with particular reference to the significance of developments in
technology.
The symposium attracted nearly 900 participants from over
93 countries. In addition to the main programme, there were 23
separate workshops and an alternative programme of special
interest to law enforcement agencies. The proceedings of the
Fifteenth Symposium will be published in an edited form in due
course by Kluwer Law International, under the auspices of the
Institute. The proceedings of last year's symposium on the
prevention and control of corruption have just been published.
The Sixteenth International Symposium will take place at Jesus
College, Cambridge from 13 20 September 1998 and will
consist of two parallel programmes. One will focus on fraud and
abuse in the public sector and the other on abuses in the
financial markets. Further details can be obtained from the
Director of the IALS.
The second highly successful programme which also
emphasised the impact of globalisation of trade, was the Second
International Law Conference on Anglo-Japanese Law held in
Tokyo from 30 September to 2 October 1997. The programme
was organised by the University of Tsukuba, Murdoch University
and the IALS. The IALS, building upon the close ties that it has
enjoyed for many years with Japan, inaugurated this initiative in
comparative law last year when it organised the first conference
in Cambridge. This year the programme focused on the reform
of business law, but seen very much in the context of
international trade. The principal speakers from the UK
included Mrs Justice Arden; Mr Justice Mance; Professor David
Hayton and Dr Mads Andenas (both of Kings College London);
Dr Chizu Nakajima, of the City University Business School; and
Professor Barry Rider. The proceedings of this conference will
also be published in due course by Kluwer Law International. ®
Research Fellows
Successful forum
by Audrey Stephenson-Burton
The Institute held a one-day forum entitled Reporting
Financial Crime: Complex Cases in A Media Age on Tuesday 21
October. This interdisciplinary conference had its origins in
some research that I have been working on in this area for
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several years now. I have always felt that the media aspect of
financial crime had been grossly overlooked, to the detriment of
both the civil and criminal justice systems. The 1990s has been
referred to as the decade in which financial crime has become
one of the biggest growth industries. In such a climate media
reportage becomes increasingly important.
Former Lord Chief Justice Taylor, a great man, greatly
concerned about the topic of media reportage of crime and legal
matters said this:
'It is healthy that the media and through them the ordinary citizen
should observe closely and critically how public institutions and services
are run. In regard to the courts, it is beneficial not onlyjor the public but
Jbr the judges themselves that they should be open to criticism. The legal
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process should no longer be seen as so specialised and esoteric as to be
beyond the comprehension and criticism of non-lawyers.
'But, although public awareness and scrutiny of the judiciary is a
healthy development, there is another modern trend which does not marry
so well with the growth of critical comment. As personal and political
expectations have risen, people have become more determined to realise
them. If things do not go their way, they are not prepared, as ourjorbears
often were, to accept disappointment philosophically.'
The forum I hosted at the Institute tackled these very issues,
from the perspectives of the defence lawyer, the journalist, the
press officer and the academician. Questions surrounding
whether the press lends or subtracts legitimacy to the justice
system have rarely been more important than in the case of
recent financial debacles. Indeed, one of the publicly stated
reasons for the very existence of the Serious Fraud Office, as
cited by the Roskill Committee, was that a new system was
needed; the public had lost faith in the criminal justice system's
ability to successfully mete out justice to white collar criminals.
Lord Roskill felt that in view of the committee's evidence, the
public was justified, again highlighting that overused dictum
'Justice must not only be done but be seen to be done'.
The Institute's forum was greatly aided by the presentations
by two defence lawyers, Stephen Pollard of Kingsley Napley and
Keith Oliver of Peters and Peters. Representing Nick Leeson and
Kevin Maxwell, respectively, these solicitors added much to the
debate on the media role in the administration of justice. As the
Barings and Maxwell cases \vere the most high profile of this
genre, much was learned about the. at times uneasy alliance, at
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times utterly combative relationship between the defence team
and the press. That the press plays a crucial role in the public's
understanding of the process of justice cannot be ignored. Any
defendant's solicitor not aware of the press issues puts their
client at great risk. These two attorneys set out candidly and
clearly their difficulties in forging a case for their client in the
seemingly never-ending gaze of the national media. Even
disclosing the realities of what can occur when the solicitor him
or herself becomes grist for the media's mill:
'In the good old days you merely said that you were not permitted to
talk to journalists. To communicate was a professional offence. Now all
that has changed. We are instructed to be media Jriendly'. Richard
Ferguson QC, 'Trial by Media', The Inner Temple Yearbook 1 996/7.
The strength of the forum however, lay in its
interdisciplinary approach. Journalists and press officers too,
had their 'day in court'. Speakers and participants included Dan
Atkinson, Michael Ricks, Paul Halloran, James O'Donahue,
Michael Gillard and John Mason. This distinguished group
expounded the difficulties within which journalists and press
officers work, reviewing the nature of the modern media and
how it works.
Academics too, as participants and speakers, added to the
debate. Professor Michael Levi, Dr Howard Tumber, Dr Ralph
Negrine and Barbara Spalek lent their analyses on issues as
varied as media selectivity, the differences between tabloid and
broadsheet coverage, and agenda building in the press.
The forum was incredibly lively, with views strongly held and
vigorously defended. The conference papers will be available at
a later date in a comprehensive publication* on the topic of
Media Reporting of Financial Crime. ®
Audrey Stephenson-Burton
Research Fellow in Banking Regulation &^_Financial Crime
Centre for Corporate Law &
Practice
Two more public lectures in The Company Lawyer lecture
series were held at the IALS during
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October. Marian Pell,
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a
partner in Herbert Smith and a leading expert in insurance
company law and practice, gave a lecture entitled Demutualisation
and Company Law. This provided some fascinating insights into
the commercial drivers behind the recent wave of building
society and life office demutualisation and the role that company
law has played in these transactions. Tim Herrington, a partner
in Clifford Chance and Chairman of the Law Society Company
Law Committee, gave a lecture entitled What is an OEIC? Why are
Research Students
they interesting for company lawyers? He provided a legal and
functional definition of an open-ended investment company and
drew out some features of the special purpose corporate code
for OEICs, provided by Treasury and SIB Regulations, that are
of particular interest for company lawyers.
The Senior Research Fellow in Company Law at the CCLP,
Joanna Gray, has also been involved over the past month in
formulating the Law Society Company Law Committee's
response to the Securities and Futures Authority's Board Notice
439 on the Responsibilities of Senior Executive Officers. @
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Those who are involved in legal research, particularly
postgraduate law students, tend to be familiar with the Institute
of Advanced Legal Studies. The Institute is a unique place which
offers a range of services for legal education at the postgraduate
level and is a venue for research students throughout the
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University of London. For me, however, as a research student
attached to the Institute, it is more than a place of occasional
research, seminars, workshops and conferences; it is the home
where I have spent an important part of my life.

Over the last few years, it has been extremely important for
me to have access to the relatively quiet library of the Institute,
which stocks a brilliant legal collection, incomparable to any
other library in the UK. The number of visitors and scholars
with both academic and practical backgrounds adds another
valuable dimension to the Institute and provides the opportunity
for research students to benefit from the experiences of leading
scholars from around the world.
I have also been privileged to enjoy exceptional support and
encouragement from the Institute's staff. They have generously
helped me to reach the present stage of revising the last draft of
my PhD thesis. This has created a valuable atmosphere in which
to carry out research as a PhD student.
Last year I was elected as the Institute's Student
Representative. With an expanding base of research students
and the recent establishment of the School of Advanced Study,
of which the IALS is a constituent member, the election of a
representative who can reflect the views of fellow students at the
level of both the School and University of London as a whole,
has become increasingly important. In this respect I, as the IALS
student member, attended the meeting of the Academic
Committee of the School of Advanced Study on 6 June 1997.
I would like to thank my supervisor Professor Terence
Daintith, Professor of Law at the Institute and Dean of the
School of Advanced Study, whose critical and interdisciplinary
approach to legal issues attracted me to the Institute. ®
Mahmood Bagheri
IALS PhD Student
Joint Celebration
The launch of Amicus Curiae was marked at a reception
hosted by CCH Editions Ltd at the Middle Temple Hall on 29
October, followed by a prestigious dinner to celebrate the 50th
anniversary of the Institute of Advanced Legal Studies and the
inauguration of the Society for Advanced Legal Studies. The main
speech was given by the Rt Hon Lord Nolan of Brasted, chairman
of the Board of the Institute of Advanced Legal Studies, who was
introduced by Professor Terence Daintith, Dean of the School of
Advanced Study of the University of London and a former
Director of the Institute of Advanced Legal Studies. A response
was given by the Rt Hon Lord Justice Millett, a member of the
Advisory Council of the Society for Advanced Legal Studies.
Professor Sir David Williams, of Emmanuel College, Cambridge,
gave a vote of thanks from the floor.
Those present included Professor Barry Rider, Director of
the IALS, Ms Angela Gibbs, Publisher and Ms Sarah Sheehan,
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Product Development Manager, CCH Editions. Those also
invited were:
The Rt Hon The Lord Ackner
Mr Cyril Doyle
H E Judge Bola Ajibola
Mrs Betty Doyle
Miss Catherine Alexander
Sir Peter Duffell
Mr Richard Alexander
Mr Andrew Eastabrook
Mr Thomas Alexander
Mrs Ruth Easthope 4
Mrs Verna Alexander
Miss Diana Faber
Miss Shazeeda Ali
Lord Falconer of Thoroton QC
Mrs S D Allan
Ms Marie-Claire Felletti
Mr Neil Alton
Miss Juliet Fussell
Dr Mads Andenas
Mr Malcolm Gammie
Mr Michael Ashe QC
Mr David Gee
Mrs Sue Ashtiany
Mr Tony Girling
Mr Kenneth Bagnall QC
Mr Peter Glazebrook
Mr Peter Bailey
The Rt Hon The Lord Goff of Chieveley
Mr Tom Ball
Mr Philip Goldenberg
Ms Busiswa Bam
Professor Roy Goode
Mr Colin Bamford
Lord Goodhart QC
Ms Elaine Bannerman
Mr Peter Gray
Professor Hugh Beale
Mr Mark Green
Judge Christopher Bellamy
Mr R T B Green
Ms Vera Bermingham
Mrs Anne-Marie Green
Miss J Bingham
Mr David Greenhalgh
Miss Anita Bishop
Professor Roger Gregory
Professor Vernon Bogdanor
Mr M D J Groom
Dr Judy Bogdanor
Mr Chris Hale
Professor A J Boyle
Ms Helen Hall
The Rt Hon Sir Henry Brooke
Mr A H Hammond CB, QC
Lady Brooke
Mr David Harper
Mr Richard H Burnett-Hall
Mr Julian Harris
Ms Linda Candler
Mrs Penny Harris
Dr Andrea Canova
Mr Roger Hartland
Mr Henry Chandler
Mr Richard Harwood
Mrs Samantha Chandler
Mr Yutaro Hashimoto
Ms Ruth Clapton
Professor David Hayton
Mrs E Clements
Ms Ruth Hill
The Rt Hon The Lord Clyde
Mrs Joy Hillyer
Mr David KCohen
Mr John Hodgson
Dr Lawrence Collins QC
Ms Susanna Hoe
Mr Michael Conlon
The Rt Hon The Lord Hutton
Mrs Pamela Conlon
Mr Thomas Ivory
Ms Clare Cowling
The Hon Sir Robin Jacob
Mr James Cripps
Mr David Johnston
Mr G H J Critchlow
Professor J A Jolowicz QC
Mrs S Critchlow
Mrs J A Jolowicz
Mr Michael Crystal QC
Professor Jeffrey Jowell QC
Dr Frederique Dahan
The Hon Sir David Keene
Mr David Dalgarno
Lady Keene
Mr Owen Davies
Mr Sydney Kentridge QC
Mrs Ruth Deech
Mr Eddie Kling
Mr Richard Dey
Mr Erasmo Lara-Cabrera
Professor Aubrey Diamond
Mr Nicholas Lavender
Dr Eva Diamond
Miss H Y Lee
Mr David Diebold
Sir Thomas Legg KCB, QC
Professor Janet Dine
Lord Lester of Herne Hill QC
Mr Rainer Dobbelstein
Miss M Leung
Mr Alasdair Douglas
Professor Michael Levi
Mr Stephen M Lewis
Mr Sandeep Savla
Mr N J Ley-
Mr Cedric Schweizer
Dr Volker Lipp
Professor Len Sealy
Professor Eva Lomnicka
The Hon Sir Stephen Sedley
Mr Keith Loney
Lady Sedley
Ms Valerie Loney
Dr A A Seray-Wurie
The Rt Hon The Lord Lowry
Dr Millie Seray-Wurie
Professor Neif MacCormick
Mr Ali Shah
Professor John Maher
Ms Aslina Shahrim
Ms Susan Mansfield
Mr Mark Sheldon CBE
Mr Harvey McGregor QC
Mr Bill Shelford
Mr James Mews
Professor Avrom Sherr
Mr Grady Miller
Ms Karin Sjolin
The Rt Hon The Lord Slynn of Hadley
Lady Millett
Mr Charles Smith
Dame Barbara Mills QC
Mrs Judith Smith
Ms Mitsue Miyajima
Mr Michael Smith
Ms Ellen Moerman
Mr Paul Smith
Ms Gwyn Morgan
Mr T Southern
The Rt Hon Sir John Mummery-
Mr Richard Southwell QC
Dr Chizu Nakajima
Mr George Staple QC
Ms Inga Nasi
Ms Samantha Steer
Sir Patrick Neill QC
Mr W A Steiner
Miss Jill Newell
Mrs B K Steiner
Mr Christian Njoku
Mrs Audrey Stephenson-Burton
Mr Paul Norman
Mr lan Stephenson-Burton
Mr E G Nugee QC
The Rt Hon The Lord Steyn
Mrs Rachel Nugee JP
Mr Ned Swan
Mr Richard N/.erem
Miss June Tomlinson
Professor Dawn Oliver
Ms Virginia Towler
His Hon Stephen Oliver QC
Dr Michael Wagner
His Excellency Mr Santiago Onate
Mr Paul Walker
Mrs Laura Madrazo de Onate
Mr Owen Warnock
Judge Naoki Onishi
Mrs Ailsa Watson
Miss K Peters
Dr Lyal Watson
Professor Alessandro Pizzorusso
Mrs Janet Webley
Mr Cheong Ann Png
Ms Lisa Webley
Mr John Powell QC
Mr Paul Webley
Mrs Joyce Quelch
Mr Steven Whittle
Mr David Quelch
Mr David Widdowson
Professor Harry Rajak
Lord Williams of Mostyn QC
Ms Katherine Read
Sir David Williams QC
Professor Bill Rees
Mr Jules Winterton
Mr C W Rennick
Mr Tom Winsor
Mrs Margaret Rennick
The Rt Hon The Lord Woolf
Professor Francis Reynolds
Mr Derrick Wyatt QC
Mr Peter Richards-Carpenter
Professor J C W Wylie
Mr Michael Ricks
Ms Lesley Young
Professor R W Rideout
Mr D Yovichic
Mr Giles Ridley
Mr Jonathan Zhou
Miss Morita Rie
Dr Cecile Ringgenberg
Mr Graham Ritchie
Professor Derek Roebuck
Mr Richard Sataiyah
Julian Harris
Senior Information Officer 19