In Brief Aug 2018

Eric Goldrein
Women
in the Law
Wellbeing
at the Bar
Circuit News
August 2018

FROM THE LEADER
In Brief
Published in April, August &
December
Editor
Elliw Roberts
St John’s Buildings
24-28 St John Street
Manchester
Tel: 0161 214 1500
elliw.roberts@stjohnsbuildings.co.uk
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
susan.chisholme@northerncircuit.org.uk
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2 In Brief
Leader’s Column
Michael Hayton QC, Leader of the Northern Circuit
Dear all,
By the time this edition of In Brief
hits your pigeon holes the
sweltering summer of 2018 will
have drawn to a close and, for
those lucky enough to have gone
away on holiday, the memories of
idle days in the sunshine will have
already begun to fade, and the
long run into Christmas will have
begun. I hope that this finds you
all well rested and recharged for
the new term and all the
challenges that it will inevitably
bring.
Last term was, as ever, eventful. Of
course, for the criminal
practitioners on Circuit the term
was dominated by the CBA led
action in relation to the new
defence fee scheme. The action
inevitably led to a huge
divergence in views. Whilst this
was mirrored across the country ,
it is fair to say that the Northern
Circuit remained more solid and
united in approach than
elsewhere. Whilst the CBA
recommended refusal of
acceptance of new instructions
our Circuit followed that
recommendation almost without
exception, whilst other areas of
the country were at times almost
evenly split. The debate was
forthright and well informed but
never, to my knowledge, became
personal or tainted by vitriol. The
eventual vote to accept the
amended offer from Government
was closer than the vote for Brexit,
and as much as anything else it
reinforced to the MOJ that the Bar
is not prepared to sit idly by in the
future and allow any continuing
erosion of fees. The publicly
funded Bar in crime and in other
areas remains chronically under
funded and through the Bar
Council, the CBA, the FLBA and
the Senior Leaders, the MOJ
knows that the resolution of the
dispute is but the first step in the
ongoing battle to rectify the
funding deficit that has been
allowed to build up over many
years.
The problems that the Bar faces is
not simply confined to the level of
fees. The degrading of the court
estate continues to cause issues in
working conditions that would be
unthinkable in other
circumstances. Small steps
forwards are being taken. A
barrister ID scheme is being trialed
to help expedite entry to courts
through security checks. Crown
Square in Manchester has once
more got catering facilities so that
the Bar doesn’t have to think about
packing lunches each morning on
top of thinking about the issues in
the cases in which we are
appearing. Small steps, but
important ones. There is a very
long way to go.
The new term means that I say
farewell to Lincoln House’s
Matthew Howarth as Circuit
Junior. Matthew was yet another
star in the Circuit Junior
constellation. Whilst the summer
Mess Calendar is not as busy as
the other terms, Matthew more
than made up for that by ensuring
that attendance at the Messes that
he did organise were at record
levels. The Liverpool mess that
congratulated Christine Bispham
and Clive Baker on their
appointments to the Circuit Bench
was so large that, for the first time,
we had to find a larger room at the
Double Tree Hilton. It was a
fantastic evening and the family
bar in particular partied well into
the night. The Manchester mess
that congratulated Alison
Woodward and Gary Woodall on
their appointments and said
farewell to Martin Steiger QC was
the largest mess for many years
with almost 180 circuiteers in
attendance. It is unfortunate that
the splendidly convivial
atmosphere was marred to some
extent by some attendees crossing
the line that divides civilised
merriment and good humour from
unacceptable overindulgence. I
trust that this will not be repeated
in future.
I offer my sincere thanks to
Matthew for all that he did as
Junior; a stellar career clearly
awaits him. Matthew’s shoes are
filled by Rachel Wake of 7
Harrignton Street and I look
forward to working with Rachel in
the months ahead.
Since the last edition of In Brief,
Circuit also hosted the Irish Bar in
our annual rugby and hockey
fixtures. This year, this perennially
magnificent weekend was notable
for two reasons. Firstly, it saw the
end of James Paterson of Deans
Court as Circuit Rugby Captain.
James has been heroic in this role
both on and off the field. His first
year as Captain saw a marked
increase in attendance and the
numbers both hosting our Irish
friends and enjoying their peerless
hospitality in Dublin have grown
year on year. This year’s mess was,
from what little I can remember,
awesome. The Recorder of
Manchester, His Honour Judge
David Stockdale QC, a long time
supporter of this event, spoke
eloquently for Circuit and the Irish
needlessly encouraged us to return
to Dublin next year. The second
reason that this year was notable
was that we actually won one of
the fixtures. The hockey team,
captained by Deans Court’s
Harriet Tighe, having held on for
much of the match, eventually
bravely lost to an Irish team who,
rather against the spirit of this
fixture, actually train together and
play other matches. However,
fittingly, in Paterson’s last match
as Captain, the rugby team
triumphed. Paterson’s celebrations
at the final whistle made it appear
that the Webb Ellis Trophy had
been won by the Northern Circuit.
I thank James for all that he has
done and wish his successor Philip
Simms of Cobden House similar
success in the future.
The rugby and hockey fixtures
epitomise much of what is great
about the Bar in general and the
Northern Circuit in particular.
Team spirit, companionship and
generous hospitality; all in
abundance.
May I wish all of you a successful
term and remind you that I am
here for you if there is anything
about which you think I should
know, or anything with which you
think I can assist.
Michael Hayton QC
August 2018

EDITORIAL
From the Editor
Elliw Roberts, St John’s Buildings
Almost as soon as the last term ended so too did the 2018
heatwave and so, as I write this letter, I look out at a typically
wet Manchester day and look back longingly at the glorious
summer we have just enjoyed. In this edition we also look
back at what has been another eventful term on the
Northern Circuit including several charitable endeavours, a
celebration of our members’ achievements and a focus on
wellbeing at the Bar.
As ever, a number of people deserve our warmest
congratulations. We congratulate HHJ Mark Halliwell and
HHJ Richard Pearce on their appointments as Specialist Civil
Circuit Judges at the Civil Justice Centre in Manchester and
we also congratulate District Judge Russell Stone, District
Judge Magdalen Case, District Judge Claire Evans, District
Judge Andrews and District Judge Haisley on their
appointments to the District Bench.
At the same time we bid farewell from the Bench to HHJ
Norman Wright, District Judge Nigel Law and District Judge
Newman: the Crown Court in Liverpool and the County and
Family Courts of Blackpool and Chester will not be the same
without them! We wish them all the best in their retirement
and look forward to welcoming them at Mess after a welldeserved
period of rest.
We thank Matthew Howarth of Lincoln House Chambers for
his service to the Circuit as Circuit Junior and congratulate
Rachel Wake of 7 Harrington Street on her appointment as
the new Circuit Junior. Welcome Rachel and best of luck in
your new role!
Last, but certainly not least, congratulations to those who
successfully completed last edition’s quiz and, for those who
were unable to complete it, solutions can be found at page
8!
After the departure of our Deputy Editor, Simon Rowbotham,
for the South Eastern Circuit In Brief is without a Deputy
Editor. If anyone in interested in taking over the mantle from
Simon, please contact me at
Elliw.Roberts@stjohnsbuildings.co.uk.
Should you wish to contribute to our next edition, please
send your articles to the above email address by 11
November 2018. All your contributions are gratefully
received and I very much look forward to hearing from you.
Finally, I hope you have all had a wonderful summer and
that you enjoy what is left of it!
Elliw Roberts
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
elliw.roberts@stjohnsbuildings.co.uk
Photographs should be
provided in the highest
resolution possible to ensure
good reproduction
Deadlines for 2018
11th November for Dec 2018

CIRCUIT NEWS
Deans Court Chambers hosts a
delegation of Chinese lawyers on
behalf of the Circuit
Kings Chambers’ David Casement QC
reappointed to major UK sports and
anti-doping panels
On the 12th of June 2018 an afternoon tea was held at Deans Court
Chambers in Manchester to welcome a group of Chinese lawyers to
the city on behalf of the Circuit.
The delegates were members of the Bar Council Training Scheme for
Chinese lawyers, which is a programme being coordinated by the
International Committee. It replaced the Lord Chancellor's Training
Scheme which was Government funded.
The programme is taking place in London from mid-June to mid-July
and will focus on the training of about twenty young Chinese
lawyers who have practised law for between two and 10 years. It
aims to give the lawyers an understanding of the English legal
system, the way barristers and solicitors operate and how to instruct
them whilst at the same time building the legal skills and knowledge
required for international practice. In addition, useful business
contacts are established between lawyers of both jurisdictions.
The group of lawyers visited Manchester and a series of activities
was organised by Joseph Hart and Prudence Beaumont of Deans
Court Chambers to show the visitors the wide and varied legal
landscape outside London. These delegations help forge closer ties
between Manchester and the rest of the world.
Manchester barrister, David Casement QC, has been appointed for a
further term to the National Anti-Doping Panel (NADP) and the Sport
Resolutions Chairpersons' List.
David, a barrister at Kings Chambers, is listed in the directories as a
leader in sports law, commercial dispute resolution and chancery.
The National Anti-Doping Panel (NADP) is run by Sport Resolutions, an
independent dispute resolution service for sport in the UK. It appoints
the tribunals and oversees the hearings that determine allegations of antidoping
rule violation.
David, who is also a member of the Football Association Judicial Panel,
said: “I am delighted to once again be reappointed to the National Anti-
Doping Panel and the Sport Resolutions Chairpersons’ List. The panels
have a vital role in ensuring the integrity of sport is maintained.”
David specialises in sports litigation and advice in all aspects of the
sports industry including disputes between players, agents, clubs,
regulators and sponsors having acted in some of the biggest cases in
sports law.
Cases include acting for Premier League football clubs in wide ranging
commercial disputes – including Manchester City, Manchester United,
Crystal Palace, West Bromwich Albion and Everton.
New Arrival
NORTHERN CIRCUIT V IRISH BAR
RUGBY & HOCKEY WEEKEND 2019
The annual Northern Circuit v Irish Bar fixtures in the coming
year will take place on 18 May 2019 in Dublin.
With the Northern Circuit winning the rugby this year, and
only narrowly losing the hockey after some questionable calls
by the referee, there is everything to play for. The Irish always
give us a great game and arrange a fantastic mess and night
out afterwards. Whether you are coming as a player or as part
of the cheering section to enjoy some Irish hospitality, this
weekend cannot be recommended enough!
Full details are to follow, but if you are available please
register your interest with the captains:
Natalie Cuddy and Mark
Benson are pleased to
announce the birth of
their second
daughter Iris Gail
Benson,
born on 6.3.18,
and weighing 7
Ib 1 oz.
Congratulations
to both and
their families!
Rugby - Phil Simms - philip.simms@cobden.co.uk
Hockey - Harriet Tighe - htighe@deanscourt.co.uk
4 In Brief

CIRCUIT NEWS
A new face at the
Circuit Office
On the 31 July 2018 the Northern Circuit’s Circuit Assistant,
Irene Elliot, retired from the Circuit Office after six years in the
role. The Northern Circuit are grateful to Irene for her
dedication over the years and wish her all the best in
retirement. Taking over from Irene as Circuit Assistant is
Clare Davis- we wish her well in her new post.
PhD: Banking Reform,
and the importance of
ownership
Mike Wilkinson, a business and property barrister at 18 St John Street
Chambers, was awarded a PhD in July for a thesis he has been
writing part time for some years on the subject of corporate
governance and banking reform - more particularly, he says, about
how a lot of the dysfunctionality in our financial system is being
driven by the way banks are owned by and run for shareholders.
He had this to say about it :
"I have long thought that it is an absurd arrangement to have banks
run purely for shareholder value, and to have society's productive
investment assets thus administered entirely along private lines. After
the financial crisis, it dawned on me that few others were really
bemoaning this folly, and so I started writing on the subject, doing a
PhD in my "spare time" at the Manchester Business School. I
completed it last year. Just in case this topic happens to interest - or
perturb - any other In Brief readers, they are most welcome to read
what I have written, which can be found here:
ww.research.manchester.ac.uk/portal/files/68671056/FULL_TEXT.P
DF"'.
Clare Davis
Irene Elliot
“Learned Friends” A Review
Bag checks are a common feature of entry into the theatre these day
but they're not usually carried out by a uniformed employee of G4S,
nor with such rigour as was applied at entrance to the performance
of Ginny Davis Productions’ play “Learned Friends” at Manchester
Crown Court, Minshull Street on 9 June 2018.
Once inside the audience was guided by robed ushers into the jury
assembly area, adapted into a theatre space representing a barristers'
robing room with a cluttered table, old case materials strewn
beneath and a framed photograph of Grand Day 2012 hanging
behind.
Two middle aged professional women meet, awkwardly, then part.
Not until the final scene when this encounter is repeated does its
meaning become clear.
Flash back. The same two women awaiting the verdict in the trial of
a high profile football manager. Prosecution counsel is bored and in
a playful mood. Defence counsel is preoccupied but can't resist the
distractions her long time sparring partner presents. Anyway, she's
heard good news. She's through to the interview round in her
application for Silk, and the fact that the defendant is refusing to
speak to her is something she can deal with. It's all going
swimmingly until the jury ask a question. They've noticed
something. And this something is a unexploded hand grenade. The
question is temporarily wafted aside but the mood has changed.
Prosecution counsel is thoughtful. And then the grenade explodes.
Playful banter is replaced with a row of epic scale. Counsel engage
in full on adversarial battle – an engagement which is foreshortened
by the usher's announcement that the jury has reached a verdict and
everyone, that means everyone: audience included, must move into
court.
Court Five of Minshull Street Crown Court (and previously Court
One of the Old Bailey where the play was performed in 2016 and
2017) now becomes the stage. The audience sits up close and
personal with the actors - some within touching distance. They
populate the jury benches, the dock, counsel's benches, some
alongside the judge. An usher cries “Court rise” and no-one in the
room thinks to demur as the Judge enters, fully robed. During the
ensuing scene what the audience sees depends on where they are
sitting. Those in the jury box are despatched to determine which of
two possible conclusions they'd prefer to see. Those in court watch
a comic scene between a gossipy court clerk (Ella-Siobhan Barker)
and Prosecution counsel. The jury deliver their verdict and the play
concludes, according to their choice of ending. The opening scene
is repeated and now the awkard encounter makes perfect sense.
“Learned Friends” written by former practising barrister Ginny Davis
and performed by a professional cast including a serving judge,
former court usher and former West End and RSC actors lends a
close eye to detail. This is more Silk than Judge John Deed.
Prosecution counsel is played by the writer, defence counsel with
utter authenticity by Sharon Baylis. It is tense and intriguing. If you
want to see what could happen behind the scenes of a criminal trial
this is your go-to play.
Manchester performances were sponsored by Brewin Dolphin,
Burton Copeland, Kings Chambers and Lincoln House Chambers.
They were also supported by former High Sheriff Gerry Yeung OBE
DL
For more details of Ginny Davis Productions go to
www.ginnydavis.com
Sally Penni
Kenworthys Chambers
In Brief 5

NEWS
The extraordinary achievement of Northern
Cicuiteer, Eric Goldrein
On his 97th birthday, Eric Goldrein, who retired from practice at
the Bar on the Northern Circuit at the age of 80 in the year 2000,
was awarded the Legion d’Honour by the French Government for
his outstanding bravery in August 1944.
The awarding of the medal was held on a glorious summer’s day in
the civic hall in Hale Village, Merseyside where Eric had formerly
been Lord Mayor. The medal was awarded by the French Consul,
with speeches not only from him, but from the Lord Lt, the High
Sheriff, the representative in the North West of the British Legion
and last, but not least, a speech of admiration by Eric’s only pupil,
none other than the President of the Queen’s Bench Division, Sir
Brian Leveson.
Eric’s incredible act of courage took place in Normandy in August
1944 and exactly what happened was recorded, as follows, in the
military journal The Gunner:
“The extraordinary story of a British artillery officer who, after
being captured in Normandy eventually persuaded a German
colonel to surrender himself and the remnants of his battalion into
his hands, is reported by the ‘Military Observer’ of the 43rd
(Wessex) Division.
The artillery officer, Lieut. E. Goldrein was out reconnoitring gun
positions for his anti-tank battery at the time of his capture. As he
stopped his jeep in a lane to check his position by the map, he was
fired on by a hidden machine-gun post. Both he and his driver
dived for cover, but were forced to surrender to the Germans, who
the next moment came down the road. They were taken back to
the German battalion headquarters, interrogated by the battalion
commander and told that they would be conducted seven or eight
miles back later in the evening. The effort to evacuate them was
unsuccessful; their escort detected a British patrol on the way and
hurriedly returned them again to the battalion headquarters, where
they spent the night.
It was agreed that Lieut. Goldrein’s driver, Gunner G F Swann,
should, in company with a German sergeant major, locate the
nearest British forces and bring in a party to conduct the Germans
to our line. This was done, and an infantry officer came forward
with his men in three Bren gun carriers to collect the Germans.
The battalion commander had surrendered himself, his adjutant,
and thirty-five other ranks to an officer they had taken prisoner the
evening before!”
It was the proximity of British patrols which gave Lieut. Goldrein
his opportunity. In French, which he speaks fluently, he pointed
out to the German colonel that his position was hopeless and that
British forces were already in rear of his headquarters. Without
knowledge of the real situation, Lieut. Goldrein tried to convey the
idea that the Germans were as good as surrounded. He succeeded
so well that, by the middle of the next morning, the German
battalion began to talk to his captive about the condition of his
surrender to the British. The colonel was finally persuaded that
further resistance by the remnants of his battalion were useless,
though they were directly engaged by British forces at the time.
6 In Brief

CHARITY NEWS
Deans Court run the Manchester 10k
for the Chloe Poole Legacy Fund
A team of members and staff from Deans Court Chambers completed the
Manchester 10k on Sunday 20th May 2018, with the aim of raising
£4000 for the Chloe Poole Legacy Fund. An extra £2000 over the target
has been raised which is a massive achievement and a great boost for
the fund.
The Chloe Poole Legacy Fund was set up in memory of Chloe Poole,
who sadly passed away on the 27th January 2018 after her 2 year fight
with Non Hodgkins B Cell Lymphoba.
In her life Chloe was incredibly passionate about many causes. The aim
of the Fund is to each year be able to make a tangible difference to
causes that Chloe felt passionately about.
The three main areas to support are:
1. Underprivileged students from the area Chloe grew up in. As a
teacher, Chloe would work tirelessly to provide the best education for
the students she taught, spending most of her time with students at risk
of not succeeding due to their social background. For this reason, money
raised each year will go to providing a scholarship for a student from the
Wythenshawe area who due to economic circumstances would not
otherwise be able to afford to go to university.
2. Chloe spent time in India working with a charity for orphaned
children and each year we will make a donation to this charity to make
a difference to educating children out of poverty in India.
3. Chloe dreamt of setting up her own Women's refuge for victims of
domestic violence. To provide a safe space for women to get back on
their feet, provide them with support to get back into work and carve out
a new safe life for themselves and their children. Each year we would
like to support an already existing charity with the same values and who
provide support for victims of domestic violence.
Kings Chambers is pledging its support for a Manchester charity which
supports women into employment.
Barristers, clerks and staff at Kings Chambers are being tasked with
bringing in as many items of interview clothing as possible for the charity
Smart Works.
Smart Works is a UK charity with an office in Manchester that helps
unemployed women back into the workplace by providing high-quality
interview clothes, styling advice and interview training.
The initiative was led by Lesley Anderson QC and Helen Mulholland,
barrister at Kings Chambers.
Helen Mulholland said; “Smart Works provides an invaluable service,
helping hundreds of women in Manchester back into employment.
We’re challenging everyone at Kings Chambers to raid their wardrobes
and donate any smart clothing and shoes they no longer need. From
suits, to shirts, blouses, dresses and handbags, we want to collect as may
items as possible to make a real difference to the charity.
“We want to support organisations that play an active role in helping
people in the communities in which we work. Smart Work fits the bill
perfectly.”
“I was hugely impressed by Smart Works and all that they do: not only
do they provide elegant work clothes and styling advice to women, they
also give crucial interview training.
Rosalind Emsley-Smith, a member at Deans Court, organised and got the
team together for the 10k in memory of Chloe: “I am overwhelmed by
the kindness and generosity of all those who have supported us, the
amount raised will make a real difference to the causes close to Chloe’s
heart, the Legacy Fund is a wonderful way to remember an inspirational
young woman who is missed every day.”
We would like to thank everyone who has taken the time to donate to
this well worthy cause. There is still time to donate; any donation big or
small is greatly appreciated.
https://www.justgiving.com/crowdfunding/deanscourtchambers?utm_id
=2&utm_term=R7p8qVP5M
Kings Chambers raids wardrobes for local charity
cradled in our great city of Manchester.”
Smart Works launched in 2015 and is a service for unemployed women
who have an upcoming interview. The service is currently running in six
locations across the UK: North London, West London, Edinburgh,
Greater Manchester, Reading and Birmingham
“We are proud to support them, and it seemed apt to launch our drive
on International Women’s Day and in the year which marks one
hundred years since women’s suffrage: a movement which was of course
Helen Mulholland and Fiona Gunnion from
SmartWorks
In Brief 7

CIRCUIT NEWS
Law firms’ female leadership programmes need
to “walk the talk” says CEO of Nichols plc
Female leadership programmes within law firms need to “walk the
talk” and actually increase women’s representation at the top of the
legal profession, according to Marnie Millard OBE, the chief
executive of Vimto maker Nichols plc. Millard made her point when
speaking to a group of female solicitors and barristers at an event
organised by Women in the Law UK.
Responding to a question about how to set up a women’s group
within a top firm, Millard said, “Think really hard about the purpose
of setting up your group, and define what success will look like for
you in three or five years’ time. And don’t reinvent the wheel – it
may be more powerful to find people who are already doing the
same thing at other firms and collaborate with them.”
Millard went on to say that, while many law firms have women’s
leadership programmes, most of these have yet to bear fruit in the
upper echelons of the profession. “I hate to say it but all these
programmes are not yet leading to significant changes at the top ,”
she told the audience.
She also said that businesses and law firms should not simply permit
flexible working but that senior management should lead by
example. “I prefer to get into the office early in the morning but, as
long as the day to day business issues allow I will leave before 5pm
so that everyone can see me going and feel they have permission to
do the same,” she said.
Millard was sharing the floor with three leading female
entrepreneurs from the North West: Jennie Johnson MBE of day
nursery group Kids Allowed, Rebecca McCann of haircare innovator
Pro Blo Group and Emma Elston MBE of waste container
refurbishment business UK Container Maintenance. Each shared
stories from their entrepreneurial journeys, along with key lessons
for the audience to apply to their legal careers.
Johnson said one of the most valuable lessons she was currently
learning was to be more discerning about which additional
commitments filled her diary and learning it’s OK sometimes to say
“no” and also to carve out time each week for herself and her own
wellbeing. McCann, meanwhile, urged the audience to take time to
“enjoy the small successes” that occur while working toward longterm
goals.
Elston, like the other panellists, emphasised the importance of
determination, but also of taking time out to “have a meeting with
Answers to last edition’s quiz
Round 1: pot pourri
1 Positron emission tomography
2 Pocohontas
3 Hugh Hefner
4 The Philippines (Duterte Harry)
5 Mercury barometer
6 A member of the electoral college who does not vote as he
has pledged when appointed by his state
7 Roger Casement
8 Pepper mills (or grinders)
Round 2: hidden theme
9 Rudyard Kipling
10 Demeter
11 Miles Jupp
12 Peter Finch
13 Michael Foot
14 The Red-Headed League
15 Ernst Chain
16 Chandler Bing
your mind”, and to have fun at work. Millard told the audience, “At
some point you have to be really brave, a lot of the time you have to
be really determined and you need always to be learning.”
Sally Penni, barrister at law and founder and chair of Women in the
Law UK said, “Ultimately the legal the legal profession is a business
so it was really useful to hear the stories of women who have
overcome all kinds of hurdles to achieve massive commercial
success. We had a fabulous evening with some fascinating insights.
I am really grateful to Marnie, Jennie, Rebecca and Emma for giving
up their time to come and speak to us. I am sure everyone in the
audience went away with some really valuable lessons that they can
apply to their own careers and firms.”
The meeting was held at Cobden House Chambers on the evening
of Thursday 14 June 2018.
In the autumn Women in the Law UK will officially launch in
London with an event at the offices of solicitors BLM. This will take
place on 20 September 2018.
Sally Penni
Kenworthys Chambers
Theme: each answer contains a unit of length: yard, meter, mile,
inch, foot, league, chain and hand.
Round 3: pairs
17 Play on the G string
18 Play with the wood of the bow
19 First Lord of the Treasury
20 Christopher Wren (in St Paul’s Cathedral)
21 Red Dwarf
22 Frasier
23 Don Giovanni
24 Die Zauberflöte / The Magic Flute
25 Yahoo
26 Quark (pronounced kwork: Joyce rhymed it with Mark)
27 Cum (or con) clave / with a key (conclave)
28 The appointment is not announced
29 Arnold Bennett
30 Dame Nellie Melba
31 John Nott
32 Russell Crowe (Robin Hood)
8 In Brief

In Brief 9

DIGITAL CASE SYSTEM
The Digital Blues
Do an audit on your life with one question in mind; how much time do
you spend looking at a screen in a working week? Then consider if all of
your screen time is productive or if it is actually just you being distracted
by pointless social media updates and notifications as you compulsively
scroll through your phone aimlessly and endlessly.
Depending on your answer, you might realise how capable you are at
efficiently wasting time; time that could be being used for something
more productive – nurturing personal relationships, spending time alone
listening to your own internal status updates or working on improving
your physical wellbeing. Whatever your answer, it is becoming clear
that a phased and managed disconnection from the cyber-hive is an
important step in maintaining mental wellbeing and optimising
productivity.
The 24 Hour connectivity culture hasn’t stopped with social media – it
has begun to infiltrate our working lives at the Bar and alter our working
practices, insidiously and arguably detrimentally. In 2016 the Crown
Courts saw a dramatic change to working practices with the introduction
of the Digital Case System (DCS).
The benefits of the new system have steadily become clear. Whereas
previously you had the inconvenience of lugging round paper briefs, you
now have immediate digital access to any case you are “invited” to,
anywhere, anytime. The “hurry up and wait” nature of the criminal
courts means that using DCS you can productively fill the dead time in
the robing room by working on other cases without having to leave your
seat.
Oriel Chambers invites applications for tenancy from
established practitioners to join its busy matrimonial finance
and general family team. Whilst Chambers will consider
practitioners of any experience, applications are
particularly welcome from those of 8 years call or
above or from those with an established track record in
complex financial remedy work.
Whilst we are seeking to recruit matrimonial finance
specialists, applications will be considered from exceptional
family practitioners generally.
Oriel Chambers is also seeking to recruit a junior tenant
to join the family team. We currently have a surplus of
work and see this as an excellent opportunity for the right
candidate to develop a high quality practice.
Oriel Chambers Family Team has a very well respected
reputation as an able, approachable and cohesive group of
practitioners both in the North West and nationally.
Applications in writing to
Sarah Cavanagh, Chambers Director,
Oriel Chambers, 14 Water Street,
Liverpool L2 8TD.
The system also enables your opponents, solicitors, probation and even
judges to upload documents or leave a “note” on the message sidebar
with their comments on procedure or querying why something hasn’t
been done. Provided you log on to DCS, you are able see every case
where activity has taken place and are able to set about immediately
responding to matters…even on the toilet, in bed or on your holiday.
What progress.
Thanks to DCS, judges can contact you at home and tersely query your
approach even in your own living room; if you allow them to interfere
in your personal life after court hours by logging on to the system, that
is. This subtle invasion of your home-life is apparently part of Active
Case Management designed to make the court run more efficiently. It
may, but at what cost to you?
At present the DCS does not have a facility that enables a barrister to set
up notifications so that they come through to your smartphone,
immediately informing you of activity on a case. It would appear that
many judges labour under the misapprehension that it does have this
facility already. Of course it can only be a matter of time before this
facility is an option, providing you the opportunity to be sucked into an
endless vortex of work at home. From a mental wellbeing perspective, it
may be wise to opt out.
Tom Lord
15 Winckley Square
Professional Entry
Scheme pilot
Tameside Magistrates’ Court is one of five courts taking
part in the Professional Entry Scheme pilot. In advance
of the pilot practising legal professionals will need to
register with their local court, agree to conditions of
entry and meet secure ID authentication requirements
when they attend court. Registration is now open with
fast-track entries predicted to open in early September.
Pro Bono Awards
The Lord Chief Justice has joined the judging panel of the newly
expanded Bar Pro Bono Awards this week, alongside Chair of the
Bar, Andrew Walker QC, The Secret Barrister, the
editor of the Legal 500, John van der Luit-
Drummond and the Co-Chair of the Legal
Practice Management Association (LPMA) and
Chambers Director at 3 Verulam Buildings, Robin
Jackson, and others.
There are nine new categories in which barristers, staff members,
chambers and projects can be recognised for pro bono work.
Awards to be made this year include categories such as Young Pro
Bono Barrister of the Year, Pro Bono QC of the Year, Pro Bono
Chambers of the Year, Pro Bono Innovation of the Year and Lifetime
Achievement in Pro Bono. Nominations are now open online and
close on 3rd October.
10 In Brief

WELLBEING
Wellbeing on the Northern Circuit
Sets across the Northern Circuit have
responded positively to the promotion of
wellbeing and mental health issues at the
Bar, although at this time, initiatives centre
on Chambers’ centric support rather than
providing events and support across Circuit.
Doughty Street Chambers (Manchester)
publicises a weekly newsletter in respect of
wellbeing issues, which signposts members
to courses, programmes and seminars. It has
also arranged Mindfulness courses on site, as
well as organising stress relieving massages
to be provided every few months. The
professional fees for the same are covered
through Chambers’ expenses.
At Kenworthys Chambers, and through her
work with Women in the Law, Sally Penni
has taken the lead in organising specific
events to highlight the importance of
wellbeing for members, arranging theatre
visits to promote the importance of a good
work / life balance, and awareness events on
anxiety and stress.
Exchange Chambers has recently received
Wellbeing at the Bar accreditation for its
initiatives, undertaking a Chambers’ wide
survey to inform its strategy on wellbeing
issues. It organises regular charity events,
social events, and sporting challenges to
promote cohesion and inclusivity within
chambers. It has found the setting up of a
Wellbeing Committee to be particularly
helpful in identifying and implementing
measures that will improve the wellbeing of
tenants and pupils. The Committee works
alongside the work of the Management
Committee and other Committees such as the
Equality and Diversity Committee. The
monthly newsletter incorporates an update
on wellbeing issues and events for all
members. Staff and members are encouraged
to attend pilates and yoga classes, and an onsite
health club which encourages exercise
and healthy eating.
King’s Chambers has created a particularly
detailed wellbeing policy, the detail of which
it has kindly offered to other chambers across
not only the Northern Circuit but also across
both the North Eastern and Midlands Circuits
where its other sites are based. Its principal
aim is to ensure those problems that each of
us may go through as part of our life and
professional experiences are manageable,
and do not escalate. Chambers has a
particularly strong mentoring team, used
now by a number of members on a
confidential basis, and whose membership is
expanding by those who wish to give back
following successful use of this service.
Heads of department and clerks are watchful
of the early warning signs of an
overburdened barrister or staff member. The
Heads of Wellbeing are well equipped to
signpost members and staff for
counselling and other external
professional help due to their extensive
support networks, and have also received
training from an outside source provider.
Members have access to nutritional
professionals. Kings Chambers has
recognised the impact of wellbeing issues
on staff, and now has a separate Head of
Wellbeing for staff, with staff members
identified as mentors for others, and
addressing staff specific issues.
At my own Chambers at St John’s
Buildings, staff and members were quick
to recognise the issues that arose from the
huge survey conducted in respect of
wellbeing issues for barristers. It set up a
‘Members’ Welfare’ initiative, published
in January 2016, which aims to increase
awareness and destigmatise the issue,
encouraging members to connect and
seek support from a range of sources,
including each other, at an early stage.
The initiative is contained in a policy
document, identifying volunteers and
wellbeing mentors within Chambers who
are happy to be approached on a
confidential basis for support and advice.
It makes provision for private healthcare,
occupational health, and is particularly
strong in respect of organising fundraising
through sporting events, such as the
Manchester 10k. A number of members
completed a 12 hour ‘spinathon’ in 2016
for Chambers’ selected charity, and
Chambers is currently organising a
challenge for a small number of members
to collectively row a million kilometres on
a static machine. Regular sessions at the
Manchester Velodrome are organised,
with Chambers recognising that exercise
promotes the release of endorphins.
Chambers has since October 2017
promoted a Member Assistance
Programme which allows members access
to 6 sessions of counselling, funded by
Chambers, with referrals to remain
confidential, as well as a 24/7 helpline.
Members and staff are also encouraged to
join Chambers’ choir, which meets
weekly in Autumn to sing on an informal
basis and prepare some songs for the
Christmas party. Finally, support and
inclusiveness is promoted particularly
well at the junior end of Chambers, with
regular social events including trips to the
theatre. Chambers was duly accredited
through the Wellbeing at the Bar
initiative.
I am approaching 10 years call next
month, and have noted during my own
time at the Bar those exceptionally
talented members we have sadly lost to
the profession due to serious emotional
health and stress related issues. Positively,
however, in that decade and more
recently, I have observed a significant shift
in how willing members of my own
Chambers, and those I meet across
Circuit, are to speak about the particular
and significant pressures that our
profession faces and the wellbeing issues
that can arise.
I am sure that sets on the Northern Circuit
will continue to creatively identify
wellbeing initiatives, with perhaps a
Circuit wide strategy being the next step,
with Heads of Wellbeing at each set
meeting every few months to share ideas
and perhaps plan Circuit wide events.
Elizabeth Cooper
St John’s Buildings
In Brief 11

ACCESS TO JUSTICE FOUNDATION
!
Unlocking Funds
for
Justice
– Pro
Bono Cost
Orders
What are Pro Bono Cost Orders?
Pro Bono Costs (PBC) are like ordinary legal costs, but where the winning party was represented for free in relation to
proceedings. Introduced in October 2008 with the aim of levelling the playing field for pro bono assisted parties, they
prevent the losing party from escaping an order for costs that previously would not have been obtainable due to the
indemnity principle, whilst also creating a new form of funding to support the provision of free legal help to those in need.
If a civil case is won with the help of any sort of free representation, PBCs can be awarded by the County Court, High
Court, Court of Appeal (Civil Division) and Supreme Court, or included in settlement agreements. The amount is based
on what a paying client would recover, and in accordance with Section 194 of the Legal Services Act 2007 must be paid
to the prescribed charity, the Access to Justice Foundation (ATJF), which distributes the money to agencies and projects
that provide legal assistance to the most vulnerable people in society.
Case Study – Anthony Pavlovich
A tenant of 3 Verulam Buildings and a
panel member of the Bar Pro Bono
Unit, Anthony has taken on significant
pro bono cases in the past, one of
which in January 2018 resulted in a
agreement due to the fact that the PBC would have increased significantly had the case gone to trial (the total being a
five-figure sum!). More recently, Anthony secured a PBC from the case of Soraya Soudmand v Shahin Soudmand in
Preston County Court, totalling £8000, which was paid to the ATJF. Having heard about PBCs whenever he signed up for
pro bono work, Anthony was pleased to have seen such costs paid to the Foundation, which itself continues to work with
the Bar Pro Bono Unit to encourage barristers to take on such work and where possible ensure that they obtain PBCs.
About the Access to Justice Foundation
Currently celebrating its 10-year anniversary, the ATJF is the legal
profession’s national charity to support pro bono and advice
agencies. It was established by the Law Society, Bar Council,
Chartered Institute of Legal Executives and Advice Services
Alliance, and is supported by the Judiciary, Ministry of Justice and
Attorney General’s Office. Joined by a network of seven regional
Legal Support Trusts, the Foundation aims to improve nationwide
access to justice by ensuring that funds can be distributed to where
!
they are needed most throughout England and Wales.
!
Although the ATJF also raises funds through a variety of events with the Legal Support Trusts, as well as through the
It’s Not Just Peanuts campaign (in which law firms donate their unclaimed client account balances), some of its biggest
contributions come from the receipt of PBCs. Indeed, the Foundation is currently trying to boost awareness of such cost
orders, given the large amount of funds they can generate for legal advice organisations (and completion of their brief
survey found at https://www.surveymonkey.co.uk/r/T85DWVS is greatly encouraged!). With the help of these
contributions, the Foundation has recently distributed funds to organisations such as the Durham Citizens Advice
Bureau, Liverpool Law Clinic, Rochdale Law Centre and Direct Help & Advice (Derby), which has allowed them to
continue to support the most disadvantaged people in their regions.
For more information about the work of the Foundation or about PBCs, please visit http://www.atjf.org.uk or email
costs@atjf.org.uk.
The Access to Justice Foundation is a company limited by guarantee (No. 6714178) and is a charity registered in
England and Wales (No. 1126147) and in Scotland (No. SC048584). Its registered office is The National Pro Bono
Centre, 48 Chancery Lane, London WC2A 1JF.
12 In Brief

The Collected Ramblings of a
Disaffected Northern Circuiteer
Part 11: The one about GDPR and the missing corkscrew
________________________________________
RAMBLINGS
I am going to begin this column on a subject that I know will drive
many of you up the wall. That is, unless you are already up there.
GDPR. However, here’s something I bet you didn’t know. The Gross
Domestic Product of Russia has been substantially bolstered in recent
times by a surge in assassination fee income. This follows a visit by
an International Delegation from the Bar Council (something you and
I paid for) to advise on the tremendously well-received AGFS in
Standard Crime Contracts. You can’t help thinking that something
might have got a bit lost in translation, nonetheless, our Eastern Slavic
neighbours have embraced the concept hook, line and sinker. The
Assassin’s Graduated Fee Scheme offers all the bells and whistles that
ours does with fixed fees for pleas and ineffective or cracked hits,
special preparation and wasted preparation, and enhanced rates for
Very High Cost Cases, particularly those with a cross-border element.
Anyone who protests about AGFS gets shot. There’s probably a fixed
fee for that, too. The problem is that like us, they are paying the price
for piling it high and paying too cheap. Following a recent
consultation process, the Russkies are now proposing reforms to
AGFS to counter the rise in what has become known as pseudoassassinations.
This is where the fixed fee doesn’t quite stretch to
doing the job properly the first time around and it has to be done
again.
*****
On a more serious note, GDPR has added yet more ballast to the
already overburdened supertanker that is Northern Quarter
Chambers, as we ply our increasingly hazardous trade in the choppy
waters of the Northern Circuit. However, anyone would think we
were sailing an American aircraft carrier through the Straits of
Hormuz the way Chambers has reacted. When I started in Chambers,
which was close to the dawn of civilisation, we just used to talk about
problems and hope they went away. Now we panic, form a
committee and spend money. Ken is our new Digital Security Officer.
Like most judicial appointments these days, he was selected from a
longlist of one. Ken shares a room with Boris, who you may recall is
our Stasi-trained sniffer dog. We call it ‘the compound’. No-one goes
there unless they have to. Together, Ken and Boris are designed to
repel all threats. The problem with Ken is that he comes from an IT
background and like all IT boffins, he talks in a sort of sci-fi gibberish
that none of us can understand, and he does it with alarming
regularity. His latest email proposed that we migrate Chambers funds
to a cryptocurrency on a decentralised distributed ledger system. No
kidding. I got the proverbial bollocking from Miranda, our Head of
Chambers, by sending a ‘reply all’ to Ken to unsubscribe from his
circulation list in accordance with a privacy policy he recently put in
place. In a scene that could have been lifted from ‘Yes Minister’, I
was told in no uncertain terms that our privacy policy wasn’t actually
intended be a policy about privacy at all. It was just ‘ticking a box’.
My box has been ticked.
*****
One of the greatest avoidable man-made disasters of the modern era
is the Chambers ‘away-day’. We have these every two to three years,
because it takes two to three years for the bitterness and
recriminations to die down after the last one. In truth, the problems
usually begin before we even step foot out of Chambers when
everyone realises how much the whole thing is going to cost, but in
true barrister fashion we are quite good at spending money we
haven’t got. That said, this trip was a biggie, organised by Miranda
herself, tapping up all of her French connections. We were going to
charter a private jet to Nice and pick up a fleet of air-conditioned
limousines to take us to a delightful Provencal Chateau for winetasting
followed by dinner. At least that was the plan. We didn’t quite
make it to the dinner bit. One of the rather regrettable features of Bar
Mess on the Northern Circuit is that the Crim bods help themselves
to wine, as if tomorrow is strike day. And so it was at the Chateau,
much to the chagrin of our sommelier, a nervous French woman who
must have thought that Brexit was heralding another Hundred Years’
War. We might have got away with it until it an ‘audit’ at the end
revealed that we were down thirty-six bottles and missing a
corkscrew. They took our whip-round as an admission of guilt and
marched us all off to an investigating magistrate. Naturally, at times
like this it is important to nominate one of your number to carry the
can for the rest of you so we volunteered the most culpable looking
junior, Gary Gillow, a pale-skinned prosecutor from Preston.
Naturally, none of the Silks were prepared to offer their services on a
pro-bono basis so we propelled him in the general direction of the
dock with all the bonhomie we could muster. The exchange in court
went something like this:
Magistrate: You are English, yes?
Gillow: Err…oui (turning to us, giving a thumbs up and a wink)
Magistrate: (Rolling his eyes) Your profession?
Gillow: Err…(looking at us, nervously) Barrister (he then smiled,
which, with hindsight, probably wasn’t the best thing to do)
Magistrate: (Eyebrows raised) …and these? (gesturing to us)
Gillow: (looking at us, nervously) Barristers (smiling again).
It may not have been blistering advocacy but it seemed to do the
trick. Indeed, it can’t be often they get a lawyer in the dock, tooled
up with twenty-three of the Northern Circuit’s finest pleaders. The
Magistrate looked at us for a while, not sure whether to laugh or cry,
but like all judges, he manoeuvred himself down the path of least
resistance.
Magistrate: Expulser!
I thought that meant we could go, but apparently, it’s some kind of
deportation order. Fancy that! Anyway, at least we saved on the limos
back to the airport, as we rode in style under armed escort from a
high-ranking officer with his own name on the side of the vehicle -
Gen Darmerie.
Back in Chambers, we did at least put a positive spin on things. The
next edition of our Chambers Newsletter had a marvellous caricature
of Gillow under the headline: “Northern Quarter sample French
justice in extradition battle as guilty Gillow gets the Guillotine.” I
think Miranda is going to let the dust settle a bit before we open an
annex there and offer our services more widely.
________________________________________
John Knott is a member of Northern Quarter Chambers on the
Northern Circuit and practises from Chambers in Liverpool,
Manchester, Wigan and soon the Cote d’Azur. He is also a convicted
felon.
In Brief 13

!
Big Steps
towards
Legal Accessibility cessibility
– The NW Legal
Walks 2018
Throughout September and October, groups from across
the North West will be getting together to participate in
sponsored walks in Carlisle, Liverpool and Manchester to
help raise funds for local legal advice charities to help
vulnerable people. Supported by (amongst other
organisations) the Westmoreland, Liverpool and
Manchester law societies, the Legal Walks celebrate the
work of the legal profession and advice sector in
protecting people’s rights and promoting equal access to
justice for all. Being three of 40 similar events taking
place across the country, the Walks are organised by the
North West Legal Support Trust (NWLST), which forms
part of a network of Legal Support Trusts that work with
the Access to Justice Foundation (ATJF) to facilitate
access to legal advice for the poorest and most !
In 2017 alone, over £20,000 was raised by walkers from law firms, barristers’ chambers and the voluntary sector, and
last year’s teams were joined by local legends such as Mr Kui Man Gerry Yeung OBE DL (the High Sherriff of
Greater Manchester), Mr Alistair G M Wannop (the High Sherriff of Cumbria) and Councillor Malcom Kennedy (the
Lord Mayor of Liverpool), upon crossing the finish line, stressed how “walks and events like this are extremely
important! because the kind of people that [local law] centres help are the people who can’t afford lawyers”, and
Michael Starke (AKA Sinbad) was “delighted to come along and be part of such a positive initiative! All our rights
are being eroded; we need to fight for things and the only way we can do that is by getting involved”.
!
Indeed, the recent cuts to civil legal aid have drastically impacted the support available to the most vulnerable. These
cuts, combined with cuts to local government funding, mean that many charities are fighting to survive. More and
more frequently, these organisations have had to cease providing services altogether. Vulnerable people like ‘Mr. G’
have suffered the most as a result of reduced advice services:
14 In Brief
Mr G was the father of a terminally ill teenage boy. He had been refused respite care from the local
authority and so was making himself ill trying to continue to work and care for his son during his
final months. He sought specialist community care representation and his solicitor secured a
package of respite care which enabled him to be with his son as much as possible until he passed
away.
The NWLST, working with the ATJF, aims to help these people by raising funds and distributing them to
funding include the Greater Manchester Law Centre, the
Vauxhall Community Law and Information Centre and the
Rochdale Law Centre, which thanks to the efforts of the
Trust and Foundation have been able to continue
supporting the most disadvantaged people in the region.
The Walks themselves vary between 5km and 10km, and
will be taking place on 18 th September (Carlisle), 9 th
October (Liverpool) and 11 th October (Manchester). As
well as the exercise, participants will also be treated to a
photography challenge and a post-walk celebration.
For more information about the NWLST and to register
teams for these important events, be sure to check out
the Trust’s website at http://www.nwlst.org.uk/.

EVENTS ON CIRCUIT
From the Pillory to the Prison Cell
A Talk by Ginny Davis
Criminal trials in the 17 th century were short and swift. Defendants could not
give evidence in their own defence and punishment was usually brutal and
usually public. By the 18th century the English legal system was nicknamed
the Bloody Code. Two hundred crimes ranging from impersonating a Chelsea
Pensioner to high treason were punishable by death. Gradually, over the next
400 years the penal system introduced other forms of sentence:
transportation, hard labour, penal servitude and eventually, imprisonment.
“From The Pillory To The Prison Cell” chronicles this fascinating period of
change in judicial and government treatment of criminals with examples of
felons, their crimes and sentences. It is a lighthearted talk which includes
the origin in capital punishment of several modern expressions.
Ginny Davis read Law at the University of Cambridge and practised as a
criminal barrister. She is married to a High Court Judge. She currently
works as a writer and performer of plays for theatre. Ginny is a regular
speaker to U3A, Probus and WI groups and is on the Warwickshire,
Worcestershire and Oxfordshire Federations of WI's approved lists.
Talk lasts 1 hour. Ginny can bring her own projector and screen.
Contact: Ginny Davis. Tel: 07889 216474 ginnydavis2860@gmail.com
website: www.ginnydavis.com