7 months ago

IB April 2018


FROM THE LEADER In Brief Published in April, August & December Editor Elliw Roberts St Johns Buildings 24-28 St John Street Manchester Tel: 0161 214 1500 Leader of the Circuit Michael Hayton QC Deans Court Chambers 24 St John Street Manchester M3 4DF Tel 0161 214 6000 Adminstrator Susan Chisholme Deans Court Chambers 101 Walker Street, Preston PR1 2RR DX: 713291 PRESTON 11 Telephone: 0161 660 3848 Published on behalf of the Northern Circuit by Baskerville Publications Ltd Apartment 327 Holden Mill Blackburn Road Bolton BL1 7PN Tel: 01204 303323 Advertising Enquiries 01204 303323 2 In Brief Leader’s Column Michael Hayton QC, Leader of the Northern Circuit A late spring has finallly sprung upon us after courts were closed in March due to heavy snowfall, and by the time that In Brief has hit your pigeon holes, Summer Term will be well under way. Whilst the weather may be somewhat sunnier than in recent weeks, the outlook in terms of the Bar is less blue sky and more storm cloud, at least for criminal practitioners. 1 April 2018 marked the coming into effect of a revised AGFS scheme of payment for all defence cases in the Crown Courts of England and Wales. This new scheme was the product of a huge amount of hard labour, primarily undertaken pro bone by members of the bar across the country, over the last three and a half years. The catalyst for that work being undertaken were significant cuts proposed by the then Minister of Justice, I cannot find it within me to call him Lord Chancellor, Christopher Grayling MP. Those cuts were opposed by the Bar and the eventual negotiated position was that the cuts would be postponed whilst the Bar created a new scheme which better reflected the work done by advocates in Crown Court cases rather than the somewhat blunt measure of complexity employed by the existing scheme of simply counting pages and witnesses. The new scheme is not perfect but it was recommended by me and the other Circuit Leaders in a joint letter circulated to the Bar. What the Bar Leaders at no stage ever conceded, was an acceptance that the stated position of the Government, namely cost neutrality as compared with current budget levels, was appropriate. In meeting after meeting at Westminster that I attended, I and the other Leaders argued as forcefully as we could for an increase in the budget to reflect the fact that in real terms the criminal bar has suffered more than a 40% cut in real terms since we were last granted any rise in fees. Following a CBA questionnaire and meetings conducted around the country, the recommendation from the CBA Executive was to take action until such time as an acceptable compromise is reached. The sad reality is that In the grand scheme of the Government’s total budget spend, what is likely to be required to satisfy the Bar that the Criminal Bar remains a viable career going forwards, would be a comparative drop in the fiscal ocean. I appreciate that these are troubled times and that often it is the most junior who are hit the hardestIn. Please be aware that I am always available for those who feel the need to discuss their current position. Further, if as matters progress any member has any concerns about the way that matters are being conducted either by the Courts or by solicitors or by other members of other circuits, again please get in touch with me through my Chambers. In other sad news on 11 April at Court 4 in Crown Square the Circuit remembered the former Honorary Recorder of Manchester, Sir Andrew Gilbart. It was a sad occasion but, as he would have wished it, punctuated by laughter as Sir Andrew’s idiosyncrasies were recalled with fond affection. Illustrating the regard In which he was held, the Bench was represented by Sir Brian Leveson who spoke movingly of Sir Andrew’s many abilities, his forceful personality and, shall we say, his abundance of self confidence and self belief. Sir Andrew will be missed as Judge, man and character and our thoughts are with his son Tom and all the Gilbart clan. The Circuit has lost another great character in His Honour John Burke QC. A stalwart of Minshull Street in the height of one of its several Golden Ages, his court was always a place where the Bar could be guaranteed a courteous reception as well as treated to his wry humour. The Circuit will remember him at a date yet to be determined. In happier news since the last edition of In Brief, two members have been elevated to the rank of Queen’s Counsel. Andrew Singer of Kings Chambers and David Knifton of Exchange are both worthy appointments who will grace the front row for many years and further enhance our reputation of producing silks of the highest quality. In addition there have been a number of appointments to the Circuit Bench including Craig Sephton QC, previously Circuit Treasurer and Head of Deans Court Chambers. His role as Treasurer has been handed over to safe hands in the form of Mark Harper QC of Kings Chambers. Other appointments include Alison Woodward, Christine Bispham, Gary Woodall, Andrew Jeffries QC and Nicholas Barker. Further good news can be found in the somewhat delayed announcement of new recorders. The following were the successful candidates: -Richard Archer of 15 Winkley Square; -Sophie Cartwright of Deans Court Chambers; -Matthew Corbett-Jones of Linenhall Chambers; -Tom Gilbart of 9, St John Street; -Alex Leach of Lincoln House; -Alexandra Simmonds of St John’s Buildings; -David Temkin of Exchange Chambers; -Ian Unsworth QC of Harrington Street, and -Joanne Woodward of 9, St John Street. We look forwards to seeing them all on the bench later in the year when they have undertaken their training in Warwick. Circuit has also recently suffered the retirements of Martin Steiger QC and Ian Leeming QC both of whom have served the Circuit admirably over many years. How we will all miss the Steiger 2.35pm mentions and the adjournments for 17 minutes! Continued opposite

EDITORIAL From the Editor Elliw Roberts, St Johns Buildings This spring edition reaches you after another eventful term here at In Brief, the Northern Circuit and beyond. The first few months of 2018 brought with it the Beast from the East and Storm Emma but plucky Northern Circuiteers ploughed on and we now hope for a better summer! At In Brief our Deputy Editor, Simon Rowbotham, leaves us for the Big Smoke and we thank him for his years of hard work at the magazine. If anyone in interested in taking over the mantle from Simon, please contact me at As ever, there are a number of people who deserve our congratulations in this edition. First we congratulate two of our members have been elevated to the rank of Queen’s Counsel: Andrew Singer of Kings Chambers and David Knifton of Exchange Chambers. In addition, several of our members have recently been appointed to the circuit bench: HHJ Simon Medland QC, HHJ Craig Sephton QC, HHJ Gary Woodhall QC, HHJ Clive Baker, HHJ Alison Woodward and In Brief’s own former editor, HHJ Christine Bispham. We warmly congratulate them and their fellow appointees HHJ Andrew Greensmith, HHJ Lynda Sykes, HHJ Andrew Jeffries QC, HHJ Andrew Berkley and HHJ John David Edwards. As well as our circuit bench appointees, we extend our warmest congratulations to our appointees to the district bench: DJ Matthew Entwistle, DJ Joanne Woodward, DJ Shefali Talukdar, DJ Tanya Simister, DJ Sonja Golding, DJ Wasim Taskeen, DJ Andrew Hatton. We congratulate HHJ Nigel David Bird on his appointment as the Designated Civil Judge at the Manchester Civil and Family Justice Centre and also HHJ Jai Penna on her retirement from the Civil Justice Centre. HHJ Penna, and others who have recently retired elsewhere including HHJ Steiger, HHJ Lancaster and HHJ Leeming QC, will be sorely missed by those who had the pleasure of appearing before them. In this edition, we thank Colette Renton of 15 Winckley Square for her service to the Circuit as Circuit Junior and welcome the appointment of Matthew Howarth of Lincoln House Chambers as the new Circuit Junior- very best of luck to you, Matthew. On a much more sombre note we must record the passing and remember His Honour John Burke QC and the Honourable Mr Justice Gilbart. Please take a moment to read the moving words given by Sir Brian Leveson LJ for Mr Justice Gilbart on 12 April 2018 which can be found at page 6 and 7 of this edition. Our thoughts are with both families and friends at this difficult time. Ordinarily it would not be possible to rival the loss of Steiger as a “Circuit Character”. However, Cobden House in addition to losing Harry Narayan and Simon Nicholls to retirement, have also ensured that the robing rooms of Circuit will be much quieter and less scandalous as John Broadley has, still in the height of his considerable powers, hung his wig up. His last case was, appropriately, front page news as he defended the thief who stole from the dead and the injured after the horrors of the Manchester bombing last year. It is impossible to do justice to John in this short column. However, for the first time there will be retirement messes this term to mark the end of careers carried out entirely at the Bar. This will be a suitable occasion to wax more lyrical on John and the others, but needless to say that for once I will not be scratching around Circuit for salacious tales to pad out my Thank you, once again, to all our contributors and to those who have written to me since our last edition, I very much enjoy receiving your letters. I am particularly grateful to His Honour John Appleton for his kind follow-up to His Honour Anthony Russell QC’s wonderful article on Thomas Harrison in our last edition. For magnificent photographs of Shire Hall, Crown Court and Grand Jury Room at Lancaster Castle and an article by John Martin Robinson, enjoy Country Life of 9 December 2015. Finally, I invite you to attempt the In Brief quiz at page 19 of the magazine and the first person to send in a full set of correct answers will receive a bottle of wine. Please send your answers to Good luck! Elliw speech for Broadley. It may well turn into a bed and breakfast scenario, so numerous are the tales about him. May I wish all of you a successful term and remind you that I am here for you if there is anything that you think I should know, or anything with which you think I can assist. Michael Hayton QC. April 2018 In Brief Needs You Has your Chambers featured in the Legal 500? Do you have something to share with other members of the Circuit? Have you taken part in a specialist Bar event? Have you participated in an interesting or unusual case? Do you have a new Tenant? Have you raised funds for a local charity? Share your news with other members of the Northern Circuit. All members’ contributions to In Brief warmly welcomed. Please send your article (and photos with captions where appropriate) to the Editor, Elliw Roberts Photographs should be provided in the highest resolution possible to ensure good reproduction Deadlines for 2018 10th July for August 2018 11th November for Dec 2018