In Brief December 17
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Middle Temple<br />
Northern & North<br />
Eastern Circuit<br />
Societies' Annual Dinner<br />
Congratulatory<br />
Dinner at Middle<br />
Temple<br />
Thomas Harrison<br />
Architect<br />
Liverpool Bar<br />
Cricket Club<br />
<strong>December</strong> 20<strong>17</strong>
FROM THE LEADER<br />
<strong>In</strong> <strong>Brief</strong><br />
Published in April, August &<br />
<strong>December</strong><br />
Editor<br />
Elliw Roberts<br />
St Johns Buildings<br />
24-28 St John Street<br />
Manchester<br />
Tel: 0161 214 1500<br />
elliw.roberts@stjohnsbuildings.co.uk<br />
Deputy Editor<br />
Simon Rowbotham<br />
Deans Court Chambers<br />
24 St John Street<br />
Manchester M3 4DF<br />
Tel 0161 214 6000<br />
rowbotham@deanscourt.co.uk.<br />
Leader of the Circuit<br />
Michael Hayton QC<br />
Deans Court Chambers<br />
24 St John Street<br />
Manchester M3 4DF<br />
Tel 0161 214 6000<br />
Adminstrator<br />
Susan Chisholme<br />
Deans Court Chambers<br />
101 Walker Street,<br />
Preston PR1 2RR<br />
DX: 713291 PRESTON 11<br />
Telephone: 0161 660 3848<br />
susan.chisholme@northerncircuit.org.uk<br />
Published on behalf of the<br />
Northern Circuit by<br />
Baskerville Publications Ltd<br />
Apartment 327<br />
Holden Mill<br />
Blackburn Road<br />
Bolton<br />
BL1 7PN<br />
Tel: 01204 303323<br />
Advertising Enquiries<br />
01204 303323<br />
j.baskerville@jbaskerville.co.uk<br />
www.locallawsocietypublications.co.uk<br />
Leader’s Column<br />
Michael Hayton QC, Leader of the Northern Circuit<br />
By the time this edition of <strong>In</strong> <strong>Brief</strong><br />
reaches you, <strong>December</strong> will be<br />
well and truly in full party flow. It<br />
is always a long run into the<br />
Christmas break and I hope all of<br />
you are coping.<br />
No doubt the 2018 will throw out<br />
new challenges; nothing seems to<br />
be easy these days. A new fee<br />
scheme is on the verge of being<br />
announced for defence criminal<br />
cases and the Manchester Civil<br />
Justice Centre is to be used as a<br />
pilot court for the Flexible<br />
Operating Hours scheme. No<br />
doubt both will bring their own<br />
worries and concerns. Please do<br />
feel free to express your views<br />
and ideas to me, so that I can<br />
communicate them onwards to<br />
those at Bar Council and<br />
elsewhere who can influence,<br />
even in small ways, how these<br />
things come into effect.<br />
Since my last message to you all<br />
we have endured a Summer and<br />
Autumn with some sad<br />
departures from our judiciary.<br />
Lost to retirement are Stuart<br />
Baker, Philip Butler, Pamela<br />
Badley and Jeff Lewis. Rumours of<br />
Judge Lewis still being part heard<br />
into <strong>December</strong> in his last case are<br />
purely apocryphal, I can assure<br />
you. Their new found freedom<br />
will be filled with golf, cruise<br />
ships, yoga and gardening. We<br />
wish them long and happy<br />
retirements and thank them for<br />
their sterling service on Circuit<br />
over many years. Sadly, Liverpool<br />
lost two of its best in the former<br />
Recorder, William “Bill”<br />
Wickham, and Adrian Lyon.<br />
Judge Lyon’s untimely death was<br />
particularly tragic coming far too<br />
early for such an able lawyer and<br />
such a good man. Both eulogies<br />
saw packed out courts to say<br />
farewell to popular figures,<br />
although the shows were<br />
somewhat stolen by the<br />
impromptu address from Judge<br />
Wickham’s widow, Elizabeth,<br />
who spoke movingly and<br />
amusingly in equal measure<br />
about Bill’s time at the QEII.<br />
As the summer term drew to a<br />
close my excellent Junior, Harriet<br />
Tighe heaved a mighty sigh of<br />
relief and handed over her high<br />
and honourable office to her great<br />
friend, Colette Renton from 15,<br />
Winkley Square. Hardly had<br />
Harriet concluded her sigh when<br />
news began to circulate about<br />
another extraordinary year of<br />
appointments on Circuit and her<br />
work began again, this time in<br />
real earnest. 25 November saw<br />
large numbers of Circuit decamp<br />
to Middle Temple Hall for a<br />
simply splendid evening of<br />
congratulation and celebration.<br />
Three new High Court Judges in<br />
Yip, Knowles and Moulder Js,<br />
were joined by Circuit Stalwart<br />
Holroyde LJ and, of course,<br />
Baroness Hale enjoyed her sixth<br />
congratulatory mess upon her<br />
appointment as President of the<br />
Supreme Court. As I remarked at<br />
mess, she has milked her success<br />
somewhat but she now has<br />
nowhere else to go so barring<br />
some sort of farewell tour. It is<br />
easy to become a little<br />
complacent as to just how<br />
extraordinary the Circuit’s record<br />
has been in recent years in<br />
relation to senior judicial<br />
appointments. My first phone call<br />
in my capacity as Leader was to<br />
the then Senior Presiding Judge<br />
who remarked that the Northern<br />
Circuit had “more than its fair<br />
share” of membership in the<br />
senior judiciary, a comment I<br />
challenged saying we had<br />
precisely our fair share of such<br />
appointments. The stark reality is<br />
that no other circuit can compete<br />
with us in this particular measure<br />
of success and our numbers do<br />
stand out upon even a cursory<br />
glance down the lists. We are<br />
rightly proud of our record and<br />
this year’s honorands were as<br />
deserving as their predecessors<br />
and, no doubt, further success<br />
will follow them. it was a<br />
splendid night, made so by<br />
Harriet and Colette’s very<br />
considerable endeavours, for<br />
which I take this opportunity to<br />
thank them again, and I fully<br />
anticipate seeing you all at a<br />
similar occasion next year.<br />
The new year will see Circuit<br />
graced by a new Junior Presiding<br />
Judge. As Davis J takes on the<br />
mantle of Senior Presider, his<br />
current role will be filled by Sir<br />
Ian Dove. Dove J, like Davis J, is<br />
a circuiteer, but, again like Davis<br />
J, of the Midland Circuit variety<br />
rather than of the North. This will<br />
be the first time in some years that<br />
neither presider will be home<br />
grown. However, we could<br />
hardly have hoped for a better<br />
pairing. Sir Ian has already spent<br />
some time on Circuit where he<br />
was very well received and we<br />
are fortunate to be in a position<br />
where we will be seeing more of<br />
him for the next two years. We<br />
can only hope that the upturn in<br />
the fortunes of his beloved Aston<br />
Villa keep him in merry mood<br />
throughout his time with us. If we<br />
are pleased with the new arrival,<br />
we are of course desolate, well<br />
mildly sad anyway, at the<br />
departure of Turner J. His four<br />
years as a Presiding Judge of<br />
Northern Circuit have raced by<br />
and we will all miss his obsessive<br />
micromanagement and his<br />
insistence in the chairing of long<br />
committee meetings that go well<br />
into the night. His reward for four<br />
exemplary years on his own<br />
Circuit is to spend most of next<br />
term either actually in Sierra<br />
Leone or dealing with group<br />
litigation from that country. It is in<br />
no way surprising that he is being<br />
entrusted by the powers that be<br />
with such delicate and complex<br />
work. We all wish him well in the<br />
next stage of his career.<br />
Well enough of my musings. I<br />
wish you all the very best for the<br />
festive period and hope you all<br />
have a prosperous and successful<br />
2018. I look forward to seeing<br />
many of you at mess and at all the<br />
many Circuit events and<br />
gatherings that will soon be filling<br />
your diaries.<br />
Fond regards<br />
Michael Hayton QC,<br />
Deans Court Chambers<br />
2 <strong>In</strong> <strong>Brief</strong>
EDITORIAL<br />
From the Editor<br />
Elliw Roberts, St Johns Buildings<br />
As we fast approach 2018 the time has come to reflect on what has<br />
been another eventful year on the Northern Circuit. On the 25<br />
November the Circuit celebrated the appointments of The Rt. Hon.<br />
The Baroness Hale of Richmond DBE, The Rt. Hon. Lord Justice<br />
Holroyde, The Hon. Mrs Justice Knowles DBE, The Hon. Mrs Justice<br />
Yip DBE and The Hon. Mrs Justice Moulder DBE and photos of the<br />
dinner held in their honour at Middle Temple Hall can be found at<br />
page seven of the magazine.<br />
There are, of course, several others who also deserve our<br />
congratulations in this edition: congratulations are due to HHJ John<br />
Edwards, HHJ Simon Medland QC, HHJ Gary Woodhall, HHJ<br />
Andrew Berkley and HHJ Stephen Eyre QC on their appointments to<br />
the Circuit Bench. At the same time we congratulate HHJ Jeffrey<br />
Lewis, HHJ Stuart Baker and HHJ Philip Butler on their retirement.<br />
We wish all our Judges the best of luck in their pastures new.<br />
Since our last edition, on the <strong>17</strong> June 20<strong>17</strong> the Circuit gathered to<br />
thank the previous Circuit Leader Andrew O'Byrne QC at a dinner<br />
at the Manchester Art Gallery and photos of the event have kindly<br />
been provided by HH David Lynch below. <strong>In</strong> addition, Iain<br />
Goldrein QC has accepted an invitation to an Honorary<br />
Professorship at Nottingham Trent University and has further been<br />
elected as Chair of the Board of Trustees of the Charity the<br />
Cornerstones Foundation and invited as a member of the Advisory<br />
Board of Distinguished Peace Builders.<br />
The Circuit thanks Harriet Tighe of Deans Court Chambers for her<br />
service as Circuit Junior and we welcome Colette Renton of 15<br />
Winckley Square as the new Circuit Junior- thank you, Colette, for<br />
taking up the mantle!<br />
My personal thanks also goes to all those who make this magazine<br />
possible. Thank you to all our contributors who generously take the<br />
time to write articles for us: I am indebted to you. Thank you also to<br />
our wonderful publisher, Julia Baskerville, to the Circuit Officers, the<br />
Circuit Remembrancer HH David Lynch and Circuit Administrator,<br />
Susan Chisholme. Finally, of course, thank you to all our readers.<br />
As courts and chambers increasingly become “paperless” we here at<br />
<strong>In</strong> <strong>Brief</strong> are piloting our own paperless project this Christmas. This<br />
edition we are sending our readers both a digital and paper copy of<br />
the magazine. Should you enjoy our digital copy and prefer to<br />
receive only the electronic version from now on, please do let me<br />
know at Elliw.Roberts@stjohnsbuildings.co.uk. To those who prefer<br />
a hardback to a Kindle: do not<br />
worry, unless we hear otherwise<br />
you will continue to receive a<br />
paper copy as well as the new<br />
digital copy!<br />
All your contributions are<br />
gratefully received and should<br />
you wish to contribute to our<br />
next edition please send your<br />
articles to the above email<br />
address by 11 March 2018. I<br />
look forward to reading them!<br />
Finally, I wish you all a very<br />
merry Christmas and a<br />
prosperous new year.<br />
See you in 2018!<br />
Elliw Roberts<br />
St Johns Buildings<br />
<strong>In</strong> <strong>Brief</strong><br />
Needs You<br />
Has your Chambers featured<br />
in the Legal 500?<br />
Do you have something to<br />
share with other members of<br />
the Circuit?<br />
Have you taken part in a<br />
specialist Bar event?<br />
Have you participated in an<br />
interesting or unusual case?<br />
Do you have a new Tenant?<br />
Have you raised funds for a<br />
local charity?<br />
Share your news with other<br />
members of the Northern<br />
Circuit.<br />
All members’ contributions<br />
to <strong>In</strong> <strong>Brief</strong> warmly<br />
welcomed.<br />
Please send your article (and<br />
photos with captions where<br />
appropriate) to the Editor,<br />
Elliw Roberts<br />
elliw.roberts@stjohnsbuildings.co.uk<br />
Photographs should be<br />
provided in the highest<br />
resolution possible to ensure<br />
good reproduction<br />
Deadlines for 2018<br />
11th March for April 2018<br />
10th July for August 2018<br />
11th November for Dec 20<strong>17</strong><br />
Photographs kindly provided by His Honour David Lynch
CIRCUIT NEWS<br />
avid Lynch was born and educated in<br />
DLiverpool. He retired in January 2005<br />
after a career in the Law spanning 50 years<br />
from solicitors’ office boy to Circuit Judge.<br />
He tried family and criminal cases in<br />
Liverpool and sat on the Mental Health<br />
Review Tribunal at Ashworth Hospital. He<br />
was the Liaison Judge to St Helens<br />
Magistrates and Liverpool John Moores<br />
University. More often than not, when<br />
sitting on the Bench he had with him two<br />
law undergraduates. <strong>In</strong> recognition of his<br />
services to legal education he was made an<br />
Honorary Fellow of Liverpool John Moores<br />
University in 2003.<br />
Having spent eight years on the<br />
original work and three years on this<br />
supplement, David Lynch has been<br />
appointed a Visiting Research Fellow of<br />
LJMU with a view to the publication of his<br />
doctoral thesis on the formation of United<br />
States Law in the Early Republic.<br />
Photographer Christopher Lynch<br />
Welcoming the Chester Bench and Bar<br />
joining the Northern Circuit at Grand Court<br />
and Election Night at the Adelphi Hotel,<br />
Liverpool on 20 July 2007.<br />
NORTHERN CIRCUIT<br />
DIRECTORY (1876 – 2004) SUPPLEMENT 2005 – 2015<br />
HIS HONOUR DAVID LYNCH<br />
NORTHERN CIRCUIT<br />
DIRECTORY 1876 – 2004<br />
SUPPLEMENT 2005 – 2015<br />
HIS HONOUR DAVID LYNCH<br />
his supplement adds to the 3,4<strong>17</strong><br />
TNorthern Circuiteers recorded in the<br />
main work between 1876 and 2004 by<br />
introducing over 400 members elected since<br />
2005 and by updating many original entries<br />
as the result of apppointments, retirements,<br />
deaths and other significant events. It is<br />
hoped that the text is enlivened by humorous<br />
anecdotes and over 500 photographs.<br />
Front cover photographs<br />
Lady Hale DBE<br />
Sir Brian Leveson P<br />
Lord Justice Ryder<br />
Mr Justice Burton<br />
Mr Justice Peter Smith<br />
Mr Justice Openshaw<br />
Mr Justice King<br />
Mr Justice Barling<br />
Mr Justice Holroyde<br />
Mr Justice Spencer<br />
Mr Justice Globe<br />
Mr Justice Turner<br />
Mr Justice Stewart<br />
Mrs Justice Patterson DBE<br />
Mr Justice Hayden<br />
Mr Justice Edis<br />
Mr Justice Gilbart<br />
There are copies of His Honour David Lynch's Northern Circuit<br />
Directory Supplement 2005-2015/16 are still available for sale at<br />
£10 from the following locations:<br />
The Circuit Office at Dean's Court Chambers, Preston.<br />
Dean's Court Chambers, Manchester<br />
7 Harrington Street Chambers, Liverpool.<br />
Alternatively His Honour David Lynch will post out copies for<br />
£14.50 (including postage and packing). If you would like a copy<br />
posted to you please contact him at LynchD516@aol.com.<br />
The supplement updates changes to those in the main work and also<br />
contains biographical details of all those elected to the Circuit over<br />
a 10 year period with many photographs of the new members.This<br />
Middle Temple Northern & North<br />
Eastern Circuit Societies' Annual Dinner<br />
On18th November 20<strong>17</strong> 150 members of Middle Temple and their<br />
guests gathered in Leeds for the annual joint dinner.<br />
The guests of honour included Master Treasurer Lord Dyson, Lady<br />
Dyson and Sir Christopher Rose, the President of the Northern<br />
Circuit Society. 11 Northern Benchers were present and, most<br />
importantly for the future of the <strong>In</strong>n and the Bar, so were 30<br />
students. It was not all wining and dining as, before the dinner,<br />
Master Gilbart gave a talk to thestudents on the dos and don'ts of<br />
advocacy from the perspective of the barrister and the judge.<br />
Next year the dinner will be held on 24 November in Manchester.<br />
substantial hardback volume is available at a modest price because<br />
it has been subsidised from the sale of all 1250 copies of the original<br />
Directory 1876-2004. Sales of the supplement have resulted in a gift<br />
from the Circuit to the Barristers Benevolent Association of a sum<br />
just short of £1,000.<br />
Any supplement requires the main work. There are no more<br />
Directories available (and it is unlikely that more will be printed)<br />
however, His Honour Judge Lynch has generously agreed to make<br />
available the original Directory on the newly revamped Circuit<br />
website (www.northerncircuit.org.uk). This is for the benefit of those<br />
who only own the supplement but may also assist those who have<br />
the Directory in gaining access to its contents when the book is not<br />
immediately to hand.<br />
TECBAR Marshalling Scheme<br />
20<strong>17</strong>–2018<br />
For the first time this year, thanks to the kind assistance of the<br />
Manchester TCC Judges, HHJ Stephen Davies and the newly<br />
appointed HHJ Eyre QC ( who we are delighted to welcome to<br />
Manchester), TECBAR is now able to offer marshalling in the<br />
Manchester TCC in addition to the established scheme in the<br />
London TCC.<br />
The aim of the scheme is to enable junior barristers who are<br />
interested in developing a practice in technology or construction law<br />
to spend up to a week ( although 2/3 days may be more appropriate)<br />
with TCC judges during pupillage or in the first few years of tenancy.<br />
Whilst the scheme was in the past aimed primarily at pupils, it is<br />
now recognised that the most experience is at least as beneficial (if<br />
not more so) during the early years of practice. Applicants must be<br />
either TECBAR Members or current or future pupils of a TECBAR<br />
member.<br />
Marshals spend up to a week in the Manchester TCC reading papers<br />
in the judge’s chambers, hearing submissions and evidence from the<br />
bench and discussing the matter with the judge thereafter. Subject to<br />
timetabling, it is intended that each Marshall will spend time with<br />
each of the Judges sitting in the TCC. This presents a great<br />
opportunity to learn all about the workings of the TCC and will<br />
undoubtedly assist career development.<br />
Applications are invited by email to<br />
asinger@kingschambers.com<br />
Photograph kindly provided by His Honour David Lynch<br />
4 <strong>In</strong> <strong>Brief</strong>
CIRCUIT NEWS<br />
Women in the Law<br />
Women in the Law Manchester hosted another fantastic event<br />
on the 9th November 20<strong>17</strong> which focussed on career<br />
progression and launched the Women in the Law UK mentoring<br />
programme.<br />
The conference was open to both men and women and was<br />
attended by solicitors, barristers and students alike. The event<br />
was designed to encourage and support the next generation of<br />
lawyers and to enable practitioners, junior to senior, to learn<br />
from one another.<br />
The event was held at Lincoln House Chambers who also kindly<br />
sponsored the event alongside the Criminal Bar Association.<br />
The inspiring panel of guest speakers at included Her Honour<br />
Judge Baxter; Her Honour Judge Landale; Lisa Roberts QC and<br />
Attorney General of the Northern Circuit; Miss Recorder<br />
Brandon of 9 St John Street; District Judge Philip Barnes of 9 St<br />
John Street; and Andrew Gregory, solicitor at Leonard Curtis<br />
who each discussed their own career paths and answered<br />
questions from a keen audience.<br />
For further information about forthcoming events please visit<br />
www.womeninthelawuk.co.uk or if you would like to attend the<br />
next Women in the Law UK event please email Lisa at<br />
womeninthelawuk@gmail.com or book now on Eventbrite.<br />
Upcoming events include the “New Year, New You” health and<br />
wellbeing event at Kings Chambers on the 11th January 2018,<br />
the “We all need more money” financial health check seminar<br />
on the 8th February 2018 the annual dinner on 8th March 2018<br />
(with guest speaker Lady Hale DBE).<br />
Women in the Law UK was established in 2012 and its intention<br />
is to inspire all women and men who believe in gender diversity<br />
in the law. Women in the Law UK supports the work of<br />
organisations who are endeavouring to improve diversity in the<br />
law including the Association of Women Barristers, Urban<br />
Lawyers, the Association of Women Solicitors Manchester,<br />
WILLondon, Merseyside Women Lawyers Group, Yorkshire<br />
Women Lawyers Group and UK Association of Women Judges.<br />
To find out more about the organisation, membership and their<br />
events please visit www.womeninthelawuk.co.uk.<br />
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<strong>In</strong> <strong>Brief</strong> 5
LEGAL UPDATE<br />
Evidential importance of the permanence<br />
Report and the Record of Decision<br />
Re S-F (A Child) [20<strong>17</strong>] EWCA Civ 964<br />
Court of Appeal - Ryder (P), Gloster VP and Burnett LJ<br />
Many practitioners may have missed the relatively brief judgment<br />
given on 12th July 20<strong>17</strong> that was atimely reminder of the need to<br />
ensure that any proposal for adoption should – if it is to have weight–<br />
be supported by social work opinion that is derived from a welfare<br />
analysis relating to the child.<br />
Rather than reiterating the Re B-S mantra the appeal highlights a<br />
point of good practise that can be easily missed.<br />
The Appeal<br />
The matter was heard in June 20<strong>17</strong> and was concerned about<br />
whether the judge at first instance was wrong to prefer long term<br />
fostering instead of adoption. The local authority proposed that there<br />
be a time limit search of six months for an adoptive placement, with<br />
a contingency plan of long-term foster care. The parties were in<br />
agreement that there should be direct contact between the child<br />
and the parents, and the Children’s Guardian recommended that an<br />
adoptive placement should be sought that could facilitate direct<br />
contact. The local authority appealed the Court’s decision to refuse<br />
to make a placement order. No new issues of law or principle were<br />
raised and on that basis the issue on appeal was straightforward.<br />
The Court of Appeal dismissed the appeal and held that, in the<br />
circumstances, it could not be said that the judge had been wrong in<br />
the balance in reaching the conclusion that he had arrived at.<br />
Further, it was highlighted that the evidence upon which the judge<br />
was asked to make a decision about the placement order application<br />
was limited.<br />
Implications for Practitioners<br />
The Court of Appeal made clear that “[T]he proportionality of<br />
interference in family life that an adoption represents must be<br />
justified by evidence not assumptions that read as stereotypical<br />
slogans. It added that whilst a conclusion that adoption would be<br />
better for a child as opposed to long-term fostering may well be<br />
correct, an assumption as to such a conclusion was not evidence<br />
“even if described by the legend as something that concerned<br />
identity, permanence, security andstability”. (para.8)<br />
Once again, the Court of Appeal reminds practitioners that the<br />
proposals must be properly supported by a social work opinion<br />
derived from a welfare analysis relating to the child and, if<br />
appropriate, the conclusion of empirically validated research<br />
material could be relied upon in support of the welfare analysis.<br />
However, caution is sounded about the often-used process of<br />
thecitation of other cases to identify the benefits of adoption as<br />
against long-term foster care.<br />
The Court reiterated that this is “no substitute for evidence and<br />
advice to the court on the facts of the particular case”. (para.9)<br />
Newly Qualified Solicitors &<br />
Newly Called to the Bar Barristers<br />
Civic Ceremony<br />
Thursday 11 January 2018<br />
Manchester Town Hall, Albert Square, Manchester M60 2LA<br />
Manchester Law Society and the City of Manchester want to congratulate all newly qualified<br />
solicitors and barristers newly called to the bar by welcoming them to the profession with a Civic<br />
Ceremony at Manchester Town Hall.<br />
We invite Solicitors that have qualified and Barristers called to the Bar, in the past 18 months, to<br />
mark this milestone in their legal career by attending the ceremony in Manchester Town Hall at 3pm<br />
on Thursday 11 January 2018.<br />
Certificates will be presented by the Lord Mayor of Manchester and President of Manchester Law<br />
Society and the ceremony will be followed by a reception with drinks and canapés.<br />
Order of Events<br />
15:00 Tea and coffee upon arrival<br />
15:30 Ceremony begins<br />
16:15 Reception with drinks and canapés where there will be the opportunity for<br />
photographs with the Lord Mayor of Manchester and President of Manchester Law<br />
Society<br />
The ceremony is a unique opportunity for the newest members of the legal profession to celebrate<br />
their success as well as acknowledge the friends and family who have supported them on the way.<br />
Each newly qualified solicitor or barrister will be able to bring up to 2 guests with the option of<br />
further guests should numbers permit. Tickets cost £25.00 +VAT per person for NQ Solicitors,<br />
Barristers and guests alike.<br />
Please note that places are booked on a first come, first served basis.<br />
The dress code for those receiving certificates will be business attire (no expensive gown hire<br />
necessary!) and a high quality photography service will be available for all those attending the<br />
ceremony to commemorate the occasion by purchasing a professional portrait, a photo of the<br />
presentation on stage during the ceremony or a photo with your family or friends.<br />
Cost to attend:<br />
NQ Solicitor/Barrister place £25.00 + VAT (£30.00), Guest place £25.00 + VAT (£30.00)<br />
Price includes light refreshments and certificate.<br />
To book your place please complete and return the form overleaf or email<br />
CarlaJones@manchesterlawsociety.org.uk<br />
As stated in the judgment (para.11), the permanence report and the<br />
Agency Decision Maker’s record of decision contain the required<br />
analysis and reasoning that would be necessary to support an<br />
application for a placement order. However, many practitioners for<br />
all parties in care proceedings will no doubt relate to a situation in<br />
which ‘Section P’ of their bundle is characterised by the absence,<br />
rather than abundance, of documentation – these two documents<br />
being amongst the absent. Practitioners will no doubt be aware that<br />
the permanence report must contain, inter alia, an analysis of the<br />
options for future care of the child and why adoption is the preferred<br />
option, as per reg.<strong>17</strong> of the Adoption Agencies Regulations 2005 (in<br />
England) and reg.<strong>17</strong> of the Adoption Agencies (Wales) Regulations<br />
2005 (in Wales).<br />
Both the permanence report and ADM record of decision are<br />
disclosable documents and should be available to be scrutinised by<br />
the children’s guardian and are susceptible to cross-examination. It<br />
was noted by the Court of Appeal that neither of those documents<br />
were available for the judge at first instance, thus good practice had<br />
not been adhered to. Little wonder, then, as to why the judge was<br />
placed in a difficult position of being asked by the local authority to<br />
grant a placement order when the evidence in support of such a<br />
draconian order had not been properly put before the judge.<br />
Any proper analysis of the available options was going to be<br />
impossible without the missing documents.<br />
Local authorities should ensure that the necessary disclosable<br />
documents relating to the placement order application are filed and<br />
served prior to the Issues Resolution Hearing and the drafting of case<br />
management orders should take this into account. To do otherwise<br />
could give rise to the real risk that the Court will not grant a<br />
placement order, even if it would be correct to do so, without the<br />
supporting evidence being in place. It is not for the judge to search<br />
for the evidence that adoption is what is required for a child.<br />
Neil Owen-Casey<br />
St Johns Buildings<br />
6 <strong>In</strong> <strong>Brief</strong>
CIRCUIT NEWS<br />
Congratulatory Dinner at Middle Temple<br />
Saturday 25 November<br />
On the 25 November members of the Northern Circuit and beyond gathered at Middle Temple Hall to celebrate and<br />
congratulate the appointments of The Rt. Hon. The Baroness Hale of Richmond DBE, The Rt. Hon. Lord Justice<br />
Holroyde, The Hon. Mrs Justice Knowles DBE, The Hon. Mrs Justice Yip DBE and The Hon. Mrs Justice Moulder DBE.<br />
The Rt. Hon. The Baroness Hale of Richmond DBE enjoyed her sixth congratulatory mess upon her appointment as<br />
President of the Supreme Court and the Circuit also honoured the appointment of The Rt. Hon. Lord Justice Holroyde<br />
to the Court of Appeal, the appointment of The Hon. Mrs Justice Knowles DBE to the Family Division of the High<br />
Court and the appointments of The Hon. Mrs Justice Yip DBE and The Hon. Mrs Justice Moulder DBE to the Queen’s<br />
Bench Division.<br />
The black tie event was appropriately spectacular and marked an historic occasion for the Circuit. We at the<br />
Northern Circuit can be rightly proud of the extraordinary achievements of our colleagues and look forward to many<br />
more successes to come.<br />
Past Junior Harriet Tighe who organised the event with<br />
the current Junior Colette Renton<br />
The Rt. Hon. The Baroness Hale of Richmond DBE,<br />
The Rt. Hon. Lord Justice Holroyde,<br />
The Hon. Mrs Justice Knowles DBE,<br />
The Hon. Mrs Justice Yip DBE<br />
The Hon. Mrs Justice Moulder DBE<br />
Christine Bispham & HHJ Gregory<br />
HHJ Penna, Jacqueline Wall & HHJ Tyler<br />
Photographs kindly provided by His Honour David Lynch<br />
<strong>In</strong> <strong>Brief</strong> 7
EULOGY<br />
Eulogy for HHJ Elizabeth Rylands<br />
The eulogy was given by HH Julian Hall,<br />
a former Recorder of Oxford.<br />
I would much rather not be here to-day. For the last two and a half<br />
years we had all hoped that the prayers that were said, the candles<br />
that were lit, the persistent treatment by the wonderful team of<br />
doctors and her own spirit would pull Lizzie through, but it was not<br />
to be. So we are here, of course, to mourn her death, but also to<br />
celebrate her life which she lived to the full. I was very touched when<br />
she asked me to speak to you, though we did not know the day; but<br />
she had a very characteristic instruction which followed the request.”<br />
Mind you, no blubbing!”<br />
You will have known her answer to many different names. Lizza,<br />
Elizabeth, Sis, Miss Rylands, Your Honour. I knew her as Lizzie and<br />
I hope you will forgive me if I stick to that.<br />
First the formalities. Her Honour Judge Margaret Elizabeth Rylands<br />
was born in Cheshire into a large Catholic family. Her father chose<br />
the family home to be within walking distance of the convent school<br />
in Alderley Edge where she went with her sisters, and of which she<br />
would later become a governor. Then she studied law at Bristol<br />
University and was called to the Bar by The Middle Temple in 1973.<br />
She joined our Chambers at 601 The Royal Exchange, Manchester<br />
then headed by Andrew Gibb, and was a pupil of Richard Clegg .<br />
The grant of her tenancy was a formality and she then practiced in<br />
Manchester. She was made an Assistant Recorder in 1998 and a<br />
Recorder in 2000. The Chambers dissolved in 2008 and she then<br />
went to 18, St John Street. <strong>In</strong> <strong>December</strong> 2013 she was appointed to<br />
the Circuit Bench and moved to the Western Circuit.<br />
When she joined 601 she became one of a group of very clever<br />
young barristers, all with different talents, but who became firm<br />
friends as well as colleagues. The Bar was more relaxed in the 1970s.<br />
Alongside their work they teased each other, creating bogus briefs<br />
which purported to send them to nonexistent courts on fruitless<br />
missions and they laughed with each other. All became, in the eyes<br />
of the world, successful. One High Court judge, five Circuit Judges,<br />
including Lizzie, and an eminent silk. He said to me, “Weren’t we<br />
lucky to have such a start.” And, he added, “Lizzie was everybody’s<br />
favorite.” She it was, when the Chambers folded 20 odd years later,<br />
who refused to let the moment pass without a celebratory wake. The<br />
dinner was memorable and I realized afterwards that I had known<br />
everyone round the table for at least 30 years. Lizzie promoted such<br />
a bond of friendship.<br />
What about her legal career?<br />
I have already mentioned her and her colleagues. All were jobbing<br />
barristers practicing the common law as generalists. All would have<br />
said that they did not get as much work as they would have liked and<br />
Lizzie was no exception. But they persevered and the work came in<br />
with Lizzie in time focusing on family work, becoming an active<br />
member of the Family Law Bar Association and its Manchester<br />
correspondent and photographer.<br />
However, practicing the law in Manchester was not, by any means,<br />
her only interest. At an early time when others were trying to<br />
consolidate their burgeoning work, she went off to Brussels to do a<br />
‘stage’ or pupillage in the commission. She retained that interest and<br />
enjoyed being a member of the Bar European Group. Then there was<br />
one Summer when she would arrive in Chambers on a Monday<br />
morning having spent the weekend sailing back and forth across the<br />
Irish Sea racing to Douglas and Dublin. I do not think the phrase<br />
work life balance had been invented by then but she was conscious<br />
of the importance of the latter.<br />
Her final clerk told me that “she was a pleasure to clerk”. To me that<br />
is shorthand for saying firstly that she was good at her job and also<br />
that she was no prima donna, that she was prepared to help out other<br />
members of Chambers and keep their solicitors happy too. That<br />
would be entirely in character. She was on the Bench as a Recorder<br />
for too long and as a full time Circuit Judge for too short a time. I<br />
would say that the Lord Chancellor could justifiably have promoted<br />
her many years earlier. To serve as a part time judge for 15 years is<br />
too long.<br />
Her time on the Western Circuit was very short, hardly a year. Her<br />
brief there was to try family cases. They need compassion and<br />
common sense as well as the intellectual capacity to deal with the<br />
arcane complexities of Private <strong>In</strong>ternational Law. She had all those<br />
qualities. I have spoken to someone who appeared in front of her<br />
often during that year. He said she was utterly courteous, very<br />
thorough and completely fair. She had a phrase she often used, “Let’s<br />
go down the line” ensuring that everyone had their say. He also said<br />
that it was the only time he had known an extempore judgement,<br />
starting at 2 and finishing at 6 to be interrupted by a tea break.<br />
She moved to the West but she still loved the Northern Circuit. She<br />
loved its characters. She followed peoples’ careers, their lives, their<br />
misfortunes, their good luck and their appointments and yet I would<br />
not count her as being gossipy. She just loved to know and she<br />
passed on that knowledge usually with a sympathetic comment or a<br />
hilarious laugh at life’s twists.<br />
She was at one and the same time the most gregarious of people and<br />
the most private. It was typified for me when someone else who knew<br />
her from the legal world said to me that she did not know anything<br />
about her brothers or sisters. They were as she put it, in a separate<br />
file. I feel the same way, knowing her well in the world which we<br />
shared but quite ignorant about many other facets of her life.<br />
But this I do know. Her Catholic faith was extremely important to her.<br />
She was regular attender at the Red Mass in Westminster Cathedral at<br />
the start of the legal year and she was a committee member of the<br />
Thomas More Society. She could not have ended her life at anywhere<br />
more appropriate than at the Residencia at St. Peter’s, effectively her<br />
home for the past 18 months. The quiet serenity of the community of<br />
nuns was a balm to her and the chapel which plays a pivotal role<br />
there and is physically at the centre of the building was all important.<br />
At my last meeting with her she said that the daily Mass at 8.15 was<br />
what got her out of bed however weary she felt. And weary and<br />
battered she must have felt after such prolonged and invasive<br />
treatment. Did she complain? Not to me, nor to anyone as far as I<br />
have been able to find out. She was amazingly and unfashionably<br />
stoical about it all. She was not one for letting it all hang out. I trawled<br />
through her emails to me during this time and found these two<br />
extracts which reveal her attitudes and which will probably ring<br />
chords with you too. “All that is needed is a few prayers to St Jude<br />
and I am feeling quite at peace about it all.” And then by contrast<br />
“Off to the wig shop tomorrow. So I might get a grey bun and look<br />
about 96 when I next see you.”<br />
She herself was never grey nor dull, neither in what she did and said,<br />
she was engaging and charming, nor in how she looked. With her<br />
mass of dark hair and her striking clothes she gained attention, but<br />
not in a ‘look at me’ sort of way. Her clothes, colourful and eye-<br />
8 <strong>In</strong> <strong>Brief</strong>
EULOGY<br />
catching came sometimes, she might confess, from nowhere more<br />
exotic than Knutsford market.<br />
She was a good listener too. Many of us turned to her for advice and<br />
received good counsel. Her networks of friends were such that she<br />
could put people in touch with others who might be able to solve the<br />
problem.<br />
A few vignettes to remind you of her spirit of enterprise and fun.<br />
She shared a room with Giles Wingate-Saul and when they came to<br />
redecorate it Giles overrode her good taste, and the woodwork was<br />
painted green. The decorators finished it on a Friday afternoon. She<br />
came in to Chambers on the Saturday, saw the result, was horrified,<br />
phoned Giles, persuaded him to come in, bought some paint and the<br />
pair of them then repainted all the woodwork white. Monday<br />
morning came and the decorators arrived to continue their work in<br />
another room and asked how the green was. She had to explain what<br />
she had done but being Lizzie there were no hard feelings.<br />
She was, of course, an Italophile, loving and knowledgeable about its<br />
art and opera and being fluent in the language. As I mentioned earlier<br />
she had shown an interest in European law and the Bar European<br />
Group. She, with Tim Mort and Gerald Barling, were in Rome for a<br />
meeting. One morning she dragged them round seven little known<br />
churches able to comment expertly on the paintings they saw. They<br />
then ended up in the Sistine chapel having got there inexplicably by<br />
some back door and had the place to themselves, lying on their backs<br />
on the floor to admire the famous ceiling. To this day Tim has no idea<br />
how it all happened.<br />
She was a member of the team Bob Scott assembled to bid for the<br />
Olympics to come to Manchester. The bid failed, of course, but the<br />
attempt involved having meetings in exotic or faraway places. We<br />
will never now know quite what went on in the hotel lift in Acapulco<br />
when she found herself alone with a Mexican general. Whenever she<br />
told the story she just collapsed with laughter.<br />
Before the days of mobile phones she once rang me from Carlisle to<br />
wish me Happy Birthday. It had been the day of the High Sheriff’s<br />
lunch party. She told me later, without further explanation, that when<br />
she rang she had been sharing the telephone kiosk with the Chief<br />
Constable of Cumbria. Yet, in these and other incidents which might<br />
be thought of as racy there was an innocence in the way she talked<br />
about and dealt with them.<br />
I know that after this service you will share many memories of her of<br />
which I know nothing. For example I do not know her nephews or<br />
nieces but for them she must have been a favorite aunt. There will be<br />
many other aspects of her life of which I am unaware but which are<br />
important to you. However I feel sure you will agree with my final<br />
sentences.<br />
If we were in trouble, she gave help freely and without fuss.<br />
When she came into a room we smiled.<br />
When she laughed we laughed with her and she with us.<br />
She brought light and warmth into our lives.<br />
We miss her and will go on doing so but thank her for a splendid life<br />
shared with us.<br />
Julian Hall<br />
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<strong>In</strong> <strong>Brief</strong> 9
CHARITY & CHAMBERS NEWS<br />
Kings Chambers raises over £3,000 for the<br />
Wood Street Mission<br />
Kings Chambers has held its annual fundraiser for the Wood Street<br />
Mission Christmas Appeal raising over £3,000.<br />
Barristers, clerks and staff donated clothing, gifts and food to the<br />
charity which supports disadvantaged children in Manchester and<br />
Salford.<br />
Wood Street Mission is a Manchester based children’s charity that<br />
supports underprivileged children in Manchester and Salford, by<br />
easing the impact of poverty on families. Last year the charity gave<br />
new toys and food to over 2,000 families and 4,500 children<br />
nationwide.<br />
Its Christmas Appeal aims to give children suffering through<br />
poverty gifts and food so they can have a positive experience<br />
celebrating the festive period regardless of their circumstances.<br />
For the past five years Kings Chambers has supported the charity’s<br />
Christmas Appeal and the Wood Street Mission’s Easter Project<br />
which gives Easter eggs to children who would not normally<br />
receive them.<br />
Debra Andrés, Chambers Director at Kings Chambers said:<br />
“Supporting local charities such as Wood Street Mission is a huge<br />
part of our ethos and we are delighted to support the charity’s<br />
Christmas Appeal again this year.<br />
“The charity’s Appeal is a fantastic initiative that helps<br />
disadvantaged children enjoy the magic of Christmas, making it a<br />
positive experience for them and their families.<br />
“As always, the support shown by the members and staff of Kings<br />
Chambers has been tremendous. The charity’s Christmas Appeal is<br />
a particularly worthy cause, which we are always delighted to<br />
support.<br />
Oriel Chambers relocates to<br />
prestigious new offices in Preston<br />
Nationally renowned and leading Barristers’ set, Oriel Chambers has<br />
relocated its Preston base to The Light Building, having signed a long<br />
term lease.<br />
The Light Building on Walker Street is a prime city centre development in<br />
the heart of Preston’s commercial district, located within just a few<br />
minutes’ walk of the County, Crown & Magistrates Courts.<br />
Oriel Chambers Preston opened in 2008 and was previously based at<br />
Ribblesdale Place, Winckley Square.<br />
The relocation to the new office space will enable the Chambers to<br />
enhance its reputation for providing exceptional legal services and build<br />
upon its presence in Preston and throughout the wider region across<br />
Merseyside, Lancashire and Cumbria.<br />
Oriel Chambers is one of Liverpool’s longest established Chambers and<br />
continues to operate from its Grade I listed headquarters on Water Street,<br />
Liverpool.<br />
Chambers’ Director, Sarah Cavanagh, says: “Over the past few years, our<br />
Preston Chambers has enjoyed a period of sustained market growth,<br />
during difficult economic times.<br />
Moving to the new, bespoke and modern premises enables us to provide<br />
high specification facilities to greater support our members, staff and<br />
client base, whilst keeping overheads to a minimum.”<br />
Over the last 52 years, Oriel Chambers’ members have offered advice,<br />
advocacy and drafting of the highest standard to the legal community,<br />
both locally and nationally. Its services are provided through eight<br />
specialist practice groups, Civil, Commercial & Chancery, Employment,<br />
Family, Criminal, Regulatory, Mediation & Travel Law, by its expert<br />
members.<br />
Oriel Chambers, The Light Building, 99 Walker Street,<br />
Preston PR1 2QT.<br />
DX 710053 Preston 10<br />
0<strong>17</strong>72 254 764<br />
sarah.cavanagh@orielchambers.co.uk<br />
www.orielchambers.co.uk<br />
10 <strong>In</strong> <strong>Brief</strong>
HISTORY<br />
Thomas Harrison – Architect<br />
Engraving of Skelton<br />
Bridge Lancaster with<br />
the castle and priory<br />
church in the<br />
background<br />
Chester project and he left Lancaster, never to return, to concentrate<br />
on supervising the works at Chester. Building at Lancaster was<br />
suspended for some years partly as a result and also because a<br />
shortage of funds, however the buildings were subsequently<br />
completed to Harrison’s designs.<br />
At Lancaster, in addition to designing the Crown Court and Shire Hall,<br />
Harrison’s works included the building of the Keeper’s House, the<br />
female felons’ prison and the male felons’ prison, and there were<br />
numerous improvements to the existing buildings.<br />
Following the recent inclusion of Cheshire into the Northern Circuit<br />
practitioners of the Circuit have the pleasure and privilege of<br />
conducting some of their cases in what are probably the two finest<br />
courts still in use in this country, at Chester Castle and Lancaster<br />
Castle. It may not have been appreciated that these lovely courtrooms<br />
were designed by the same man, Thomas Harrison (<strong>17</strong>44-1829), one<br />
of the most famous and respected architects of his ti me.<br />
Whereas at Lancaster the work was to be done within the existing<br />
confines of a mediaeval castle, at Chester the works were more<br />
extensive and the classical buildings were built to create the<br />
impressive range we know today. Pevsner wrote: “What he (Harrison)<br />
has achieved here is one of the most powerful monuments of the<br />
Greek Revival in the whole of England”.<br />
Harrison was born in Richmond, Yorkshire and little is known of his<br />
early life, but he made his name as an architect in the northwest of<br />
England where he settled in Chester. The son of a carpenter, his talents<br />
were spotted by Sir Lawrence Dundas, a Yorkshire landowner and<br />
businessman, who sent him to study in Italy. <strong>In</strong> Rome Harrison created<br />
a design for Pope Clement XIV of the piazza near the Porta del Popolo<br />
for which he was presented with a gold and silver medal by the Pope<br />
who also ordered that his name should be added to the members of<br />
the Academy of St. Luke, an association of artists, with a seat on the<br />
council.<br />
W<br />
W<br />
Lancaster Castle – the Shire<br />
Hall in 1814<br />
Chester Castle in about 1860<br />
Lancaster Castle – the Shire Hall in 1814 Chester Castle in about 1860<br />
There are many other examples of Harrison’s work in the northwest,<br />
particularly in Chester – he was appointed Cheshire County Architect<br />
in 1815. These include Watergate House and the Northgate. <strong>In</strong><br />
Liverpool he designed the Lyceum Club (most recently occupied by<br />
Lancaster Castle – the Shire the Hall Co-operative in 1814 Bank on Bold Chester Street), Castle one of in three about gentlemens’ 1860 clubs<br />
designed by Harrison in the area, the others being the Portico Library<br />
in Manchester (still an independent subscription library) and the<br />
Commercial Coffee Room in Chester, now the Chester City Club, the<br />
only one of the trio to continue to operate as a club.<br />
Part of Harrison’s design for the Piazza del Popolo<br />
On his return to England Harrison won a competition in <strong>17</strong>82 to<br />
design a bridge over the River Lune at Lancaster, Skelton Bridge. This<br />
was the first major commission of his career, and the last one was also<br />
a bridge, the Grosvenor Bridge at Chester, still the longest masonry<br />
single arch bridge in the United Kingdom, which was completed four<br />
years after Harrison’s death, officially opened by Princess Victoria in<br />
1833.<br />
<strong>In</strong> <strong>17</strong>88 Harrison was appointed to redesign parts of Lancaster Castle<br />
and at about the same time he was appointed to remodel Chester<br />
Castle. Lancaster Castle was to be rebuilt in a Gothic manner, but at<br />
Chester the design was in the Grecian Doric style. The carrying out of<br />
two major works at the same time resulted in a conflict of interest.<br />
Harrison received an irate letter demanding his full commitment to the<br />
I have always admired the court buildings at Lancaster and Chester<br />
and was proud to have the court at Lancaster Castle under my wing<br />
when I was Recorder of Preston. I very much hope that the current<br />
iconoclastic ideas of the Ministry of Justice and HMCTS to replace<br />
courts with “hearing centres” are consigned to the rubbish heap where<br />
they belong and that an appreciation that Her Majesty’s Courts<br />
deserve to be located in dignified and impressive buildings, as our<br />
forebears understood, will prevail. It would be a tragedy to cease to<br />
use such splendid courts as those designed by Thomas Harrison,<br />
described by his biographer as “almost, if not quite, the first<br />
architectural genius in the kingdom”.<br />
Finally members of the Northern Circuit who are in Chester may enjoy<br />
visiting another Harrison building, because the house he designed for<br />
himself is now a popular bar and restaurant, close to the Crown<br />
Court, known as “Architect” at 54, Nicholas Street. Thomas Harrison<br />
died in 1829, at the age of 85, at this house then known as St. Martin’s<br />
Lodge.<br />
His Honour Anthony Russell QC<br />
<strong>In</strong> <strong>Brief</strong> 11
COLLECTED RAMBLINGS<br />
The Collected Ramblings of a<br />
Disaffected Northern Circuiteer<br />
Part 9:<br />
Although Brexit means Brexit, apparently, none of us at Northern<br />
Quarter Chambers still has the foggiest what this means, or whether<br />
we should prepare for a hard Brexit or a soft Brexit. This cropped up<br />
recently at a Chambers meeting. One of the items on the agenda was<br />
how we invest the surplus Chambers Expenses that we carry forward<br />
each year. The fact that we have a surplus at all came as something<br />
of a surprise to most of us, although from the reaction of the PI boys,<br />
you’d think we’d just had a confirmed outbreak of the Ebola virus in<br />
Chambers. Of all the qualities that the PI department has (and as I<br />
write this I am desperately trying to think of some), financial acumen<br />
isn’t one of them. They have always struggled with the difference<br />
between earnings and receipts, particularly CFA earnings, which as<br />
we know, only exist in the minds of the very wealthy. Anyway, talk,<br />
not unnaturally, turned to investment strategies, and at an<br />
appropriate interval I happened to mention that as the Chief<br />
<strong>In</strong>vestment Officer of the Wigan Law School, I operated a substantial<br />
surplus using an investment algorithm. I don’t know why I said this,<br />
because certain aspects of it weren’t entirely true. Nor did I have any<br />
idea what an investment algorithm was. I’d heard it mentioned on<br />
the Today programme on Radio 4 one morning when I was driving<br />
into Chambers, but as usual I was concentrating more on Mishal<br />
Husain than the bloke she was interviewing. The upshot is that I<br />
have now been tasked with future-proofing the Chambers surplus;<br />
the funds have been paid into an account in my name; and I am<br />
expected to report to the Chambers Management Committee with<br />
performance data every month. This should be interesting, especially<br />
with Christmas coming up.<br />
*****<br />
It is well-known that most barristers have a degree of self-belief that<br />
surpasses the rational. Undeterred by our failed attempt at cycling up<br />
Mont Ventoux, Team NQC has now decided to enter a team in the<br />
New York Marathon. This is a running race. I know, because I’m in<br />
it. Fortunately, I have learned some harsh lessons from the Mont<br />
Ventoux fiasco. I know where New York is and I think I know what<br />
to expect because when the topic came up over the Chambers lunch<br />
table recently, a couple of our young female junior tenants both<br />
volunteered that they had also run some 5ks. This got me thinking.<br />
Five thousand metres is only just over three miles, so at a decent<br />
walking pace, I can get this done and out of the way in less than an<br />
hour.<br />
*****<br />
One of the most infuriating developments in recent years has been<br />
the surge in popularity of what is, rather inelegantly, known as<br />
‘rankings’ at the Bar. We never used to have them, but now it is as<br />
if our very lives depend on them. Management at Northern Quarter<br />
Chambers takes them very seriously indeed, and we operate a threeline<br />
whip to ensure that we prostitute ourselves to max effect with<br />
our solicitor clients in order to extract every ounce of gratitude for<br />
the fee reductions we have been forced to offer them. This is in line<br />
with thegeneral philosophy at the Bar that we now spend more time<br />
preparing for work, than actually doing it. We are not alone of<br />
course. A quick glance at other Chambers’ websites suggests we are<br />
locked in some sort of rankings war with members’ CVs now<br />
dominated by comments ranging from the banal to the frankly<br />
ridiculous. Silks, who are not normally known for their vanity, are<br />
very good at this. <strong>In</strong>deed, some of them should stop being Silks and<br />
go out on the stand-up circuit. Naturally gifted for thinking outside<br />
the box, I have come up with a novel approach. Since no-one ever<br />
actually reads the various ‘Guides’ from which these rankings are<br />
meant to derive their authority, I have decided to make up my own<br />
comments, and have now described myself as “Probably the best<br />
barrister in the World”. No point in faffing about. Our PR/Marketing<br />
person was a bit iffy about this at first, but job security is important<br />
these days, so she has decided to publish it.<br />
*****<br />
As you can imagine, a top-notch set like Northern Quarter Chambers<br />
operates a sophisticated pupillage scheme, attracting only the very<br />
best. <strong>In</strong> the old days, we used to take on Polytechnic graduates, like<br />
me. Not so nowadays. Those duffers don’t get a look-in. Today, we<br />
only take on people who are astoundingly brilliant, on paper. This<br />
year we have been blessed with two such pupils, who were unveiled<br />
recently in a formal ceremony which, as usual, began in Chambers,<br />
then adjourned to the pub. Traditionally, pupils have come in all<br />
shapes and sizes. These days they only come in one: expensive. But<br />
with our new investment strategies in place, funding is no longer an<br />
issue. Like most youngsters, Jez and Libby (apparently their real<br />
names) converse in a sort of student-speak, referring to members as<br />
‘you guys’ and Chambers as ‘this place’. Fortunately, they have<br />
been assigned to the PI and Family departments, who have a certain<br />
degree of flexibility when it comes to professional standards. When<br />
asked why they had applied to Norther Quarter Chambers, Jez<br />
responded by saying we had probably the best barrister in the world.<br />
You could have heard a pin drop. I froze to the spot. My head<br />
remained rigid but my eyes darted from side to side, waiting for the<br />
inevitable fall-out, but there wasn’t any. Miranda, our Head of<br />
Chambers, saved the day by saying we had a few of those, and we<br />
all laughed. Our PR/Marketing person caught up with me afterwards<br />
and said I was a chump. That’s what you get with Polytechnics.<br />
*****<br />
<strong>In</strong> a rare moment of respite from the cut and thrust of the Chancery<br />
Bar, I curled up recently in front of our first log fire of the year,<br />
clutching my copy of Cut-Throat Defence (Kindle edition only,<br />
unfortunately), and listening to something my children call Spotify. I<br />
had what can only be described as a disturbingly prescient moment.<br />
I had a vision of an ancient Greek warrior in a white track suit and<br />
flip-flops, running an awfully long way, and all I could think of was<br />
MARATHON. Just at that moment, my headphones blared out the<br />
Mike Rutherford classic, “All I need is a miracle”.<br />
__________________________________________________________<br />
John Knott is a member of Northern Quarter Chambers. He is<br />
probably the best barrister in the world, an investment strategist, and<br />
now a marathon runner.<br />
12 <strong>In</strong> <strong>Brief</strong>
FOOD & WINE<br />
One Foot in the Grapes<br />
Journalist Jane Clare offers some wine advice for the<br />
festive season...<br />
Christmas is simply the best excuse to push the boat out and try some<br />
wonderful wines. I’m excited now, just thinking of crunches of sweet<br />
parsnip, huddles of sprouts, my favourite lemon-dashed, herb-mottled<br />
stuffing … oh, and the turkey. All of those flavours will be demanding<br />
my attention and then wine will add another layer of complexity for my<br />
palate. Which wine to choose?<br />
Gosset Grande Reserve NV<br />
My Christmas dilemma was eased when I was<br />
invited to a wine pairing Christmas lunch and it<br />
would be rude of me not to share some ideas<br />
with you.<br />
Our festive occasion began with the most<br />
wonderful champagne, Gosset Grande<br />
Reserve NV (RRP £45-£49, widely<br />
available including Selfridges and Harvey<br />
Nichols) from the oldest house in<br />
Champagne. It had a classic brioche nose,<br />
dappled with sweet spice, and shivers of<br />
fine, elegant bubbles delivered citrus<br />
flavours with an elegant biscuity backbone.<br />
I carried my champagne to the table and it<br />
sipped seamlessly with our starter of marinated<br />
salmon, Dorset crab in pink pickled ginger and<br />
lemon dressing. It wasn’t meant to be the wine star of<br />
the show; I’ll now introduce you to a sauvignon blanc and an Australian<br />
white blend.<br />
Seresin Estate Sauvignon 2015 (£14.99, winedirect.co.uk) This is a<br />
lovely sauvignon blanc and it isn’t one of those heady New Zealand<br />
wines which grapples with your senses. The reason is there is 11 per cent<br />
semillon in the blend, which calms everything down and brings a touch<br />
of Old World order to this New World wine. It has tropical and citrus<br />
aromas, with some classic gooseberry notes and a delicate creaminess.<br />
McHenry Hohnen Amigos White 2012 (£15.99, winedirect.co.uk) This<br />
was a wow with the crab and salmon. It is a blend of chardonnay,<br />
marsanne and roussanne from the Margaret River region. Murray<br />
McHenry and David Hohnen are brothers-in-law, with Hohnen having<br />
a fantastic pedigree as founder of the iconic Cloudy Bay winery. This<br />
wine wants you to sit up and notice it … and I did. It has notes of<br />
peaches, nuts and waxy lemons with a heartbeat of minerality.<br />
Over to the main event, the traditional turkey and<br />
trimmings. I always opt for a pinot noir with my<br />
Christmas lunch and so I was very much<br />
open to new ideas.<br />
Viu Manent ViBo Vinedo Centenario<br />
2013 (RRP £16.99, oddbins.com) A clue<br />
to this wine is in its name - the grapes<br />
are grown in vineyards planted over 100<br />
years ago in Chile’s Colchagua Valley.<br />
Old vines are the wise things of the<br />
vineyard. They don’t produce lots of<br />
grapes, but the ones which are harvested<br />
Viu Manent ViBo Viedo<br />
Centario 2013<br />
have a special concentrated quality. It is a<br />
blend of 51% cabernet sauvignon, with malbec and<br />
a dash of petit verdot. It is intense with blackcurrants but there is an<br />
element of mint, of freshness, of complexity, of subtlety, which didn’t<br />
overpower my plate.<br />
Jane Clare is a journalist who has followed her heart with<br />
the launch of One Foot in the Grapes - writing about<br />
wine and offering fun, immersive, informal and<br />
informative wine tastings.<br />
The former editor and creative editorial director first<br />
began writing about wine 10 years ago and is now<br />
published in more than 30 newspapers and lifestyle<br />
magazines across the UK.<br />
Jane is a member of the Circle of Wine Writers and is<br />
studying for the Wine & Spirit Education Trust diploma.<br />
She can be found as One Foot in the Grapes on social<br />
media and online; or contact Jane on 07795 121 003 or<br />
email jane@onefootinthegrapes.co.uk<br />
Vidal-Fleury Cairanne 2012 (RRP £13.50, also Oddbins) Shiraz takes the<br />
blending lead in this Côtes du Rhône Villages red, with grenache and<br />
mourvèdre following along on the coat tails. It is bold with black and red<br />
berries, but earthy and herbal too, which contrasts nicely with the<br />
powerhouse fruit. Oh, there was spice (and all things nice) which gave<br />
a good bit of extra bite.<br />
Finally, if you want some inspiration for cheeses, how about a Beaujolais<br />
wine, Henry Fessy Brouilly 2015 (RRP £12.99, Waitrose) Beaujolais is<br />
great with many cheeses because it is fruit-forward and light in body. It<br />
offers a raspberry medley with the cheese and doesn’t demand a palate<br />
battle.<br />
For your pudding? Well one of my favourites is Madeira and Blandy's 15<br />
YO Bual (RRP £25, also Waitrose) I love the story behind Madeira,<br />
which is a fortified wine and aged under heat. Centuries ago it was<br />
discovered that wines were “cooked” when shipped across the heat of<br />
the equator and were much better for it, not just in flavour but in<br />
robustness. The underlying notes of nuts, raisin and caramel are perfect<br />
for your Christmas pudding and hard cheeses.<br />
Have a wonderful Christmas<br />
<strong>In</strong> <strong>Brief</strong> 13
CIRCUIT NEWS<br />
Regional Bar Mock Trial competition 20<strong>17</strong>/18<br />
On Saturday 4th November, Minshull Street Crown Court hosted<br />
the regional heat of the bar Mock Trial Compeition 20<strong>17</strong>-18.<br />
The winning team was Wilmslow High who are through to the<br />
final for the fifth year in a row. The student participators, and<br />
next generation of barristers, were;<br />
Barristers: Amelia McDonald, Emily Short, Evie Smith, Lauren<br />
Phillips, Charlie Keller<br />
Witnesses: Ella Sankey, Sophie Lawlor, Caitlin Medcalf, Oliver<br />
Warner, Juliet Cook, Charlie Keller<br />
Ushers/Clerks: Oliver Warner, Callan O’Brian, Abi Gallop<br />
They were mentored by their teacher Deborah Roussak and Huw<br />
Edwards of Exchange Chambers<br />
The Regional Co-ordinator for the event was Sally Penni who<br />
thanked the Judges HHJ Steiger QC, HHJ Nicholls, John<br />
Broadley, Louise Brabdon and Simeon Evans and all the<br />
barristers, the new court manager, Beverley Harrison, her team<br />
of volunteer ushers and the security staff at Minshull Street<br />
Crown Court.<br />
The schools are indebted to the volunteers from the Bar and the<br />
judiciary who give their time to mentor the students and if you<br />
want to become involved in the North West lease contact the<br />
programme coordinator, Rory Tredwell at the Citizenship<br />
Foundation (bmt@citizenshipfoundation.org).<br />
Northern Circuit Golf<br />
The annual match between the Bar and Bench representing<br />
Manchester<br />
- and -<br />
Liverpool & Preston<br />
to contest<br />
The Sir William Morris Trophy<br />
will take place at Wilmslow Golf Club on Sunday, 21st January<br />
2018<br />
The format will be stableford with the best 3 scores from<br />
Manchester and Liverpool & Preston counting.<br />
The Carlisle Cup will be presented to the best individual score<br />
The Graham Morris Putter to the runner up.<br />
All members of the Northern Circuit having a handicap are<br />
welcome.<br />
Annual Northern Circuit<br />
Rugby and Hockey Weekend<br />
The Northern Circuit will be hosting the Irish Bar<br />
for the annual rugby and hockey fixtures the<br />
weekend of 5 May 2018.<br />
For further information on rugby fixtures please<br />
contact James Paterson@<br />
Paterson@deanscourt.co.uk<br />
For further information on hockey fixtures please<br />
contact Harriet Tighe@<br />
htighe@deanscourt.co.uk<br />
The tee has been reserved from 9.30am. Lunch will be served in<br />
the clubhouse following the competition.<br />
Any member wishing to play is invited to confirm by email to<br />
mark.friend@lincolnhousechambers.com by 12th January 2018<br />
14 <strong>In</strong> <strong>Brief</strong>
After nine seasons in the role, I have finally succeeded in finding an<br />
ambitious young recruit to take on the club captaincy. LBCC was<br />
formed by Andrew Edis and Rob Warnock in 1985 and has a<br />
continuous history to the present day.<br />
Sunday fixtures against Cholmondeley Castle, Ormskirk Occasionals<br />
and many more have ceased to be and the club has moved into the<br />
glitzy world of evening cricket in leagues run by the Last Man<br />
StandsTM franchise. Furtunately, however the traditional end of<br />
season fixture at the <strong>In</strong>n at Whitewell remains firmly in place as our<br />
sole Sunday game.<br />
SPORT<br />
Liverpool Bar Cricket Club – Start of a new Era<br />
LMS is to traditional cricket what a tequila sunrise is to a pint of milk<br />
Stout. Adaptations to the MCC Laws make the game faster and more<br />
exciting, including innovations such as coloured team shirts and a<br />
pink ball. The main benefit is that it’s eight-a-side, making raising a<br />
team easier. Games can be followed on the internet in real time. The<br />
club also has its own website (www.liverpoolbar.cc) and a<br />
WhatsApp group.<br />
Liverpool Bar LMS cricket team<br />
having represented the Bar of England and Wales at three successive<br />
Lawyer World Cups.<br />
Tom Gosling was a regular before his move to Manchester<br />
Chambers. I’ve seen Tom bat, bowl, field and umpire. Sometimes I<br />
wonder if there’s anything he can do. Andrew Sinker has been a<br />
great team-mate. Craig Bellamy once said of John Terry that on the<br />
field as a player he is world class, but off the field as a man he’s<br />
terrible beyond words. If you simply reverse that quote around then<br />
it perfectly sums up my feelings about Andrew. I hope to continue<br />
playing for many years alongside my other friends and<br />
contemporaries who have formed the core of the team in my<br />
captaincy, the likes of Mickey Armstrong, Mark Chester, David<br />
Tinkler and Shannon Eastwood. Mickey and Shannon, as devoted<br />
Man U supporters, used to be conflicted between our games and<br />
United’s big Champions League nights, though that doesn’t seem to<br />
have been much of a problem in recent years.<br />
Bar cricket team following Whitewell match<br />
The 20<strong>17</strong> season saw us finish runners up in the Liverpool B Grade<br />
LMS Competition and a 100% winning record in more traditional<br />
formats against Ormskirk Occasionals and Whitewell. The second<br />
half of the season was particularly impressive with new additions<br />
Tom Clarke, Alex Jones, Jonathan Brownson and Charles Austin<br />
deepening the pool of talent. At the end of season awards dinner<br />
new Captain Tom Clarke was named Player of the Season, Shannon<br />
Eastwood was Most Improved Player, whilst the Tonker Tankard for<br />
“fortitude over ineptitude” was presented to Alex Jones for managing<br />
to drop three catches in the space of five balls.<br />
Looking back, the most entertaining batsman to have played for the<br />
club in my captaincy has been Greg Brooker. When he’s got his eye<br />
in it’s like watching Kevin Pietersen at his best, but without the silly<br />
haircut. It’s just sickening to the rest of us that cricket isn’t even<br />
Greg’s main game, he’s more into a game called hockey. Nick Orr<br />
is a player who never aged but rather evolved. He now lives mostly<br />
on the high seas and his slower ball is sadly missed. Every team<br />
needs a player with belief and confidence and that’s why I love<br />
Nigel Power, albeit not as much as Nigel Power loves Nigel Power.<br />
Nigel took great pleasure when the Guardian newspaper described<br />
him as “an eminent QC” in September 2015. We took great pleasure<br />
in the same newspaper’s description of him as “a small man with a<br />
mighty quiff” in the 15 July 20<strong>17</strong> edition. Tim Kenward is a man<br />
never known to have been on the wrong end of a run out (rivalled<br />
only by Simon Gorton in this regard). I wouldn’t say Charles Prior is<br />
a man out of touch with the modern world but he thinks the X Factor<br />
is a type of Roman suncream. Charles is highly temperamental but<br />
only because he holds himself to the standards of an <strong>In</strong>ternational<br />
And so the club moves on under new captain Tom Clarke. Much has<br />
changed since its formation and no doubt in 30 years time it will be<br />
different again. But the words of Alan Bennett spoken by the<br />
character Hector in the History Boys sum it up for me, “Pass the<br />
parcel. That's sometimes all you can do. Take it, feel it, and pass it<br />
on. Not for me, not for you, but for someone, somewhere, one day.<br />
Pass it on, boys. That's the game I want you to learn. Pass it on”.<br />
Peter Harthan<br />
7 Harrington Street<br />
Peter Harthan of Liverpool Bar and<br />
Charles Bowman of <strong>In</strong>n at Whitewell