dictum issue 4

dictum. noun (plural dicta /-t∂/ or dictums)

Issue 4 October 2011

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LGIR student magazine.

Coffee & Cocaine Will Lucasfilm Strike Back?

The European Arrest WarrantIn Colombia

A Summer Not to Forget.

welcome message

2

dictum.EDITOR. David BurtonNEWS EDITOR. Augustas JankauskasSPECIAL FOCUS EDITOR. Ricky O’BrienFEATURES EDITOR Jade FitzgeraldCAREERS EDITOR. Fazl BuchariLAW REPORTS EDITOR. Ayodeji OladimejiPOLITICS & INTERNATIONAL RELATIONS EDITOR Megan WarrenWRITERS & CONTRIBUTORS. Gabriele Ruberto Steven Robinson Soni Marti Singh Chetak Gandhi Leena Lais Asaad Qureshi Jasmin AtrafshanGUEST WRITERS. Reshika Mendis Tim Kevan Patricia McHale Maggie HammondART DIRECTOR. George Sandilands


Letter from the editor

Welcome all to Dictum student law magazines fourth issue and the first of this new academic year. As I am sure is the case for a great many of you the summer has brought forth many life alter-ing changes, whether it be mov-ing away from home for the first time or simply moving that one step closer to the end of your studies and beginning to set out plans for the next step in your legal career, that next challenge. Just like you, Dictum itself has undergone significant changes, changes that I believe highlight an evolutionary step for this stu-dent run law magazine. Dictum still aims to provide its read-ers, regardless of what stage you are at in your legal career with up to date, informative and pre-cise articles and case reviews. Those of you who are familiar with this publication will notice a few substantial changes to Dic-tums content and aesthetics, as we have tried to increase the work-able law aspect so that our read-ers can hopefully find informa-

tion within Dictum that they can use to help enhance their stud-ies whilst highlighting excit-ing new areas of potential study. This issue illustrates this aim through several of our articles, most notably, the article on En-ergy Law written by our Special Focus Editor and the articles on Acculaw and CSET authored by a ca-reers contributor and our own Fea-tures Editor respectively. Whilst at the same time we have maintained our reputation for providing up to date legal news and judgements from across a wide range of sectors. To all those involved past and

present Dictum has become a la-bour of love, it is because of this that we sincerely hope that you not only enjoy reading this publication, but that you be-come a part of it yourself as it must never be forgotten that Dic-tum student law magazine was cre-ated by students, for students.

David Burton Editor

contents

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US SUpreme CoUrt rejeCtS Stay of exeCUtion for GeorGia death row inmate troy daviS

the UK SUpreme CoUrt iS Set to hoSt moCK ‘eCoCide’ trial

SUper-injUnCtionS: where doeS the law Stand today?

Start of a new tradition at london met?

BaByBariSta

my CSet adventUre

1920

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iS reStriCtinG yoUrSelf to a loCal marKet re-ally wiSe?

aUtoCleanz limited v BelCher & otherS

“minimUm waGe CaSe”

wannaBe SoliCitorS Get a head Start

proCraStination paGe

revolUtionary trainee model introdUCed to allow fair aCCeSS into the leGal profeSSion

“analySiS of aCCUlaw”

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in the news

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A recent report of the Commit-tee on super-injunctions which was chaired by the Master of the Rolls, Lord Neuberger, provides guid-ance to lawyers and journalists on the steps which have to be followed before a Super-Injunction or an Anonymised Injunctions is applied for. The main purpose of this report was to clarify the court processes and to establish the framework in which such applications may be made and should be decided. The Committee has also produced a draft form of Guidance and a draft Model Order for use in future cases. The Committee brought up the im-portance of open justice as a fun-damental constitutional principle and the significance of balancing it in Super-Injunctions and An-onymised Injunctions cases. The principle requires that all aspects of court proceedings should be open to the public and the media; it only allows rare exceptions, the ones which are created by statute or those which involve judicial discretion.

Although there was protection for confidential information for a long time, a general right to respect for privacy was not recognised until 2000. There were a number of con-cerns about the way in which the law of privacy and confidentiality has developed since the introduction of the Human Rights Act 1998. These concerns particularly rose in interim injunction cases, given Parliament’s intention in passing section 12 of that Act, which was concerned with maintaining a balance between pri-vacy and freedom of expression. The Committee ruled that such concerns must be addressed either on a case-

by-case basis by the courts or, at a more general level by Parliament.

The Committee provided a clear description on Super-Injunctions and Anonymised Injunctions. It concludes that the term super-in-junction can properly be defined as follows: a super-injunction is an interim injunction which restrains a person from: (i) publishing infor-mation which concerns the appli-cant and is said to be confidential or private; and (ii) publicising or informing others of the existence of the order and the proceedings. Whereas an Anonymised Injunc-tion is an interim injunction which restrains a person from publishing information which concerns the applicant and is said to be confi-dential or private where the names of either or both of the parties to the proceedings are not stated.A breach of Super-Injunction terms constitutes as an interference with the proper administration of jus-tice and a contempt of court, this may result in committal, the im-position of a fine or sequestra-tion of property, the report said.

The term Super-Injunction was coined by The Guardian in relation to the prohibiting of reporting the existence of the proceedings. A pro-hibition on the disclosure or commu-nication of the existence of the order and the proceedings is the ‘super’ element of the interim injunction.

The Committee concluded that the term Super-Injunction is usually used incorrectly to refer to an An-onymised Injunction. This has led to a false view that Super-Injunc-tions are very common and has

created misconceptions as to how long Super-Injunctions last. Mis-leading claims that a Super-Injunc-tion has been in place for a number of years sparked a fear that a new form of permanent secret justice is developing. Where, in fact, the in-junction concerned is merely an-onymised, and there is no prohibi-tion to disclose the existence of the proceedings and order to the public. Super-Injunctions and Anonymised Injunctions represent a new exten-sion of established forms of ano-nymity, privacy and non-disclo-sure orders in that, they are used to protect substantive legal rights which have, in accordance with the Human Rights Act, developed be-yond their previous historical lim-its. In the recent past, they have also sometimes been more wide-ly used than is strictly necessary.

According to the report the case law also clarifies that where individu-als seek to protect private informa-tion by way of interim injunction they now rarely apply for Super-Injunctions, and in some cases they point out that they are not doing so.

Super-Injunctions: Where does the law stand today?

by AugustAs JAnkAuskAs


in the news

5

An injunction by the High Court, un-der the Copyrights Designs & Pat-ents Act will prevent BT’s customers from accessing the Newzbin2 website.

Hollywood Studios argued that an in-junction was the most effective method of closing down the Newzbin website, which has been used to receive infring-ing copies of copyright works made available to BT subscribers by Newz-bin2, website provides its membership with an index of films, music and soft-ware available for free. BT did not ap-peal the ruling; in fact it actually wel-comed the order. The Motion Picture Association (MPA) president Cris Marcich said that the ruling is a” vic-tory for millions of people work-ing in the UK creative industries”

However, Mike O’Connor, chief ex-ecutive of Consumer Focus, said that “website blocking only treats the symp-toms not the cause of why consum-ers infringe copyright”, he also added that “consumers will try to find other

sources and the only long term solution is more and better legal alternatives”.

One of the reasons why UK consum-ers look for alternative illegal options to download movies is the “Release win-dows” imposed by Hollywood studios. Currently Sky has an exclusive deal so that for 15 months after cinema release it is the only provider that can show a Hol-lywood movie online or on television.

Experts argue that in order to meet consumer demand for movies there has to be more services operating le-gally, with different price points, either through subscription or pay-per-view, according to them this is the only viable long-term solution. This is where the members of the Motion Picture Associ-ation has to be ‘innovative and focus on meeting UK consumer demand legally’.

However, the case had some criticism. The Open Rights Group claimed that blocking access to websites was “point-less and dangerous”. “These judgments

won’t work to stop infringement or boost creative industries”, said cam-paigner Peter Bradwell. He added that “there are serious risks of legitimate content being blocked and service slow-down. Instead there should be more focus on genuine market reforms “.

Overall the ruling was welcomed; in a “test case” that “sets a clear legal prec-edent” that Internet Service Providers can be forced to act against copyright infringement via their networks. Lord Puttnam, president of the Film Dis-tributor’s Association said; “Finally, it seems we have a way to deal with rogue sites which will benefit the film indus-try including UK independent dis-tributors and the entire creative sector.”

by AugustAs JAnkAuskAs

Hollywood studios win a landmark website blocking order.

Moreover, the applications for Su-per-Injunctions are rarely granted. Since January 2010 only two Super-Injunctions have been granted. One was overturned on appeal and the second was only enforced for seven days. The report stresses that Su-per-Injunctions are now only being granted for very short periods and only where this level of secrecy is necessary. However, the courts have seen an increase in anonymised or-ders where the names of the parties involved are kept from the public, but not the existence of an injunc-tion. The Committee also clarified the court’s approach to granting Super-Injunctions, according to the report they should only be granted for a short period, in order to pro-vide effective service of the injunc-tion or to maintain secrecy pend-

ing an on-notice hearing of the interim injunction application. They can only properly be granted for longer periods where such restraint is strictly necessary on the facts.

As mentioned before there was a fear that a Super-Injunction can be-come a permanent form of secret justice. The reason for this was the absence of any return date in the order i.e., it did not specify when the matter had to return before the court. The proceedings in such cir-cumstances could then continue in-definitely, without having to come back before the court, unless, the other party served with the order bring it back before the courts. A further development and require-ment is that Super-Injunctions and Anonymised Injunctions must

contain a return date ensuring that such injunctions cannot in practice become permanent, unless in very rare cases where it may be justified.

“The Committee’s recommenda-tions, once implemented, are in-tended to ensure that the proper bal-ance is struck between the interests of claimants and defendants (who are usually media organisations). They should also ensure that excep-tions to the principle of open justice will only be allowed when they are strictly necessary in the interests of justice, and that when allowed they will go no further than is strictly necessary. This should mean that Su-per-Injunctions will only be granted in very limited circumstances and, at least normally, for very short periods of time,” the report said.


in the news

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Pressure on Prime minister to back down on ‘no win, no fee’ overhaul by dowler familyThe parents of Milly Dowler have written to both Prime Minister David Cameron and Deputy Prime Minister Nick Clegg over the impending reforms of ‘no win no fee’ agreements, arguing that without such an agreement they would not have been able to bring a claim against News International over the phone-hacking scandal. They also ask the Government to re-consider the Legal Aid, Sentencing and Punish-ment of Offenders (LASPO) Bill which would directly change the ‘no win no fee’ agreements.

us suPreme court rejects stay of execution for GeorGia death row inmate troy davis The USA put Troy Davis to death on the 21st Sep-tember 2011 after a last ditch appeal to the high-est court in the US for a reduction in sentence. Convicted of murdering a police officer in the State of Georgia in 1989. Brian Kammer, a lawyer for Davis, said that ‘newly available evidence revealed that false, misleading and inaccurate information was presented at the trial’. Davis had received sup-port from among others a former FBI director, for-mer President Jimmy Carter and Pope Benedict XVI.

eu bailouts are lawful, rules German constitutional courtOn 7th September 2011 the German Constitutional Court rejected the claims by a group of German professors that the multimillion euro bailouts for struggling Eurozone members Greece, Portugal and the Republic of Ireland was unconstitutional in Ger-many – a major provider of bailout money. The aca-demics argued the bailout was in breach of Articles 20 and 28 of the German Constitution (breach of the right to democratic representation), Article 38 (transfer of rights – leading to creation of EU su-pranational state), Article 14 regarding protection of property and Article 125 of the Lisbon Treaty ((TFEU) that neither the EU nor member states must assume debt from other members without justification).

eu border Police ‘knowinGly aidinG and abettinG’ abuse of miGrants in Greece, human riGhts watch warn.A recent report on the conditions in five Greek asylum and detention centres accused the EU’s external borders agency of turning a blind eye to the torture, beating, and systematic degrada-tion of illegal migrants detained after attempt-ing to enter Europe via the Turkish border.

Possible iPhone 5 ban in ukSamsung are currently seeking European and Kore-an injunctions against Apple’s latest iPhone, despite little known details about the iPhone 5. Samsung believes the soon to be released iPhone uses tech-nology that directly infringes upon its own patents.

should case law be searchable on GooGle?The charity BAILII argues not. Although in general it is good for the public to have a greater under-standing and access to recent and archived judge-ments, BAILII argue that the information still needs to be monitored and managed in a practical way.

broadcasters forced to hand riot footaGe to Police The BBC, ITN and Sky News have been forced to hand over untransmitted material from Augusts riots after the Metropolitan Police obtained court orders under the Police and Criminal Evidence Act 1984 (PACE) forcing the release of the footage. PACE allows a judge to order broadcasters to pass on mate-rial if there are “reasonable grounds” that a serious offence has been committed, as the police continue to look through footage to find potential offences.

11th hour rePrieve for dale farm residentsFriday 23rd September saw multiple judicial

reviews lodged as a final decision on the resi-dent’s right to remain at the Dale Farm site was delayed by High Court judge Mr Justice Edwards-Stuart although he did re-iterate

that the “ultimate eviction was going to hap-pen” . The additional judicial reviews over the site will likely delay a decision for many more weeks and add to the already bloated £18mil-

lion costs, in a legal argument that extends across many sectors. Friday’s injunction was

granted over fears that the eviction “may go further” than allowed. No final decision before issue went to print, look out for more in Janu-

ary 2012 issue of Dictum.

158 lawyers and academics claim that the law on squat-tinG is beinG misrePresented

In a letter addressed to the Guardian it is claimed that the law on squatting is being misrepresented by politicians and the media. For the full letter refer

to www.guardian.co.uk on 25 September 2011 and look out for the January 2012 issue of Dictum for further updates. The government are currently looking into

reforming the law on trespass and squatting.

tribunal rules on dismissed emPloyee for facebook commentEmployment tribunal decided on 26th September 2011, that EA Whitham was unfairly dismissed by her employer after she was fired for comments she posted about her workplace on Facebook. It was de-cided that the reason Whitham’s employer gave for dismissal were not ‘reasonable’.


in the news

7

‘secret trial’ in scotland reveals disturbinG develoPmentMedia reporting was banned in a recent Scottish case highlight-ing the extraordinary power of Scottish courts to hold trials in secret. The relatively insignificant case held at an Inverness Sheriff court was heard in closed session, which is not unheard of in cases involving minors. However it is normal practice to allow the media to report the case, albeit with identification restrictions. Scots Law for Journalists author, Rosalind McInnes, said “It is extraordinary. What you have here is, in effect, a se-cret trial. Why the media should be kicked out, I have no idea.”

law commission has resPonded with visible disaP-Pointment as Government shelves cohabitation reformThe government has decided not to progress with a proposed reform of cohabitation law during this parliamentary term citing insufficient evidence in support of potential reform. Professor Cooke, speaking on behalf of the Law Commission, said that “existing law was uncertain and expensive to apply, and, because it was not designed for cohabitants, often gave rise to results that were unjust ... the prevalence of cohabitation, and of the birth of children to couples who live to-gether, means that the need for reform of the law can only become more pressing over time”

both us and czech comPanies can use budweiser mark, ecj rulesIn a legal battle lasting more than 30 years the European Court of Justice has ruled that the US Anheuser-Busch company and the Czech brewer Budejovický Budvar will both be allowed to con-tinue using the Budweiser trademark in the United Kingdom. The Court rules that consumers were suf-ficiently aware of the distinguishing features be-tween the two beers. The decision is based upon the EU’s trademark directive.

comPensation for blood sunday victim families The Ministry of Defence is preparing to offer the victim families of the 1972 Blood Sunday civ-il rights protest in Derry/Londonderry compensa-tion after many years of legal proceedings. This comes a year after Prime Minister David Cameron offered an official apology, publicly condoning the shootings as “wrong” based on the landmark Lord Saville report which was critical of the British Army’s conduct on Bloody Sunday. On 26th Septem-ber some relatives of the victims firmly rejected the offer saying that they find it ‘repulsive’, and would not take any compensation for personal gain.

‘eye for an eye’ retribution for iranian waiterThe Supreme Court of the Islamic Re-public of Iran handed out retributive justice after a 26-year-old waiter had confessed to hurling acid at a man in 2006. In recent years there have been several acid attacks in Iran where the same sentence was awarded.

embarrassment as e-Petition suGGests rioters be sent to outer hebrides E-petition suggested that Augusts rioters be “ban-ished” to the islands where there is “no electric-ity or running water”. The petition forced the leader of the House of Commons Angus MacNeil to apologise after many complaints. The idea of an e-petition is that once a 100,000 signatures are collected the petition is passed to a back-bench committee which decides on the validity of the pe-tition and whether the House of Commons should

debate the issue.

the uk suPreme court is set to host mock ‘eco-cide’ trialOn 30th September the Supreme Court will host

a one day mock ‘Ecocide’ trial, which will act as if the crime of Ecocide had been adopted and will hope to raise interesting questions such as

who could be prosecuted under the proposed law. The trial is designed under the assump-

tion that Ecocide is classed alongside Genocide, Crimes Against Humanity, Crimes of Aggression and

War Crimes and is categorised as the 5th Crime Against Peace.

leGal aid Phone Gateway - judicial review chal-lenGeA judicial review has been launched by a group of 10 leading law firms who specialise in com-munity case law who seek to challenge recent government plans to force legal aid clients to access legal services through a single telephone gateway. The challenge is based upon the belief that a telephone service as the only access to legal help would in fact deny community care

clients’ access to justice.

two months in jail for takinG PhotoGraPh in courtroomPaul Thompson, 19, who was sitting in Luton Crown Court’s public gallery watching a friend’s sen-tencing for robbery, took a photograph of the inside of the court and received a jail sentence of

two months himself for contempt under S.41 Criminal Justice Act 1925, which prohibits the taking of photographs in court with the sentencing guidelines being a fine or up to two years imprisonment. The use of mobile phones in court is currently under review with final guidance due before 2012.


in the news

8

are cameras in court the future?Justice Secretary Kenneth Clarke has de-cided to allow judgements to be broadcast in a bid to gain the general public’s inter-est in judicial proceedings, starting with the court of appeal. But will the broadcasted proceeding turn into the sometimes unap-pealing televised Prime Ministers Question Time? If it did would it be such a bad thing?

niGerian convicted of raPe cannot be dePorted from uk, euroPean court on human riGhts rulesThe European Court on Human Rights based in Strasbourg have ruled that a Nigerian man, known as AA, would have his right to family life ‘violated’ if he was sent back to Ni-geria based upon a potential deportation being dispropor-tionate to the legitimate aim of the ‘prevention of disorder and crime’. ‘AA’ was convicted of rape at 15 however parole reports have shown he has responded “positively” to reha-bilitation and is deemed to pose a low risk of reoffending.

banks will be forced to seParate their retail and in-vestment arms by 2019, says indePendent commission

on bankinG (icb)A banking activity that many believe exacerbated the financial meltdown in 2008, will come to a

close by 2019. Banks will be forced to separate its customer deposits from their commercial and invest-

ment pursuits.

court clerk first to be Prosecuted under bribery act 2010Munir Yakub Patel, a court clerk at Redbridge Magistrates’ Court in Ilford, London is the first person to be prosecuted under the Bribery Act 2010, specifically Section 2 for requesting and receiving a bribe intending to improperly perform his functions. Mr Patel is remanded in custody until he enters his plea at Southwark Crown Court on 14th October. 2011.

International criminal court Prosecutor should be cho-sen on merit

Over the coming months the ICC will face it’s most sig-nificant leadership transition since its 2002 inception as in December 2011 the current and first prosecutor Luis Moreno-Ocampo must step down along with 6 out of 18 Judges. Due to the role of the ICC its election process must not be political in nature, which the court is often criticised for. Particularly after considering some of its judicial appointments, some having little or no trial expe-rience, this only seeks to impair the integrity of the court. The elections later this year have a respected former attorney general from The Gambia and the current dep-uty prosecutor, Fatou Bensoda, as the leading candidate.

saudi arabia to Give women riGht to vote... in 2015King Abdullah bin Abdulaziz announced a new law which will come into force in 2015, that will grant women the right to vote and to run in elections in Saudi Arabia. Although Saudi Arabia currently enforces segregation of the sexes, King Abdulaziz stated that the new law is in accordance with Sharia law.

cash-straPPed ministry of justice bureaucrats have Pocketed more than £160million

The Ministry of Justice is facing some of the deepest cuts proposed by Whitehall, with an estimated 15,000 job losses. This figure potentially leaves the ministry with a redundancy bill of £800Million with some 3,289 staff already receiving redundancy packages averaging £50,000 each and in one voluntary redun-dancy case a package worth almost £500,000, while 12 others received around £250,000. All this at the time the ministry is defending its ‘access to justice’ cuts.

why met Police invoked official secrets act on the Guardian

MPs have summoned Deputy Assistant Commissioner Mark Simmons to explain why the Met decided to in-voke the Official Secrets Act and force the newspaper to reveal the sources it used during the phone hack-ing scandal. The Met dropped the application to force the Guardian to reveal its sources after the Assistant Commissioner held discussions with the Crown Prosecu-

tion Service.

stalkinG laws to be made touGherThe Shadow home secretary Yvette Cooper in a speech at the Labour Party’s con-ference has suggested that stalking laws be toughened in calls to prevent “hei-nous crimes” of violence. This comes as a cross party group of parliamentarians are currently investigating the legal issues around stalking as currently in England and Wales it is not a specific offence with legislation referring only to harassment.

40% of Prisoners’ Pay to be Given to their victims Justice Secretary Kenneth Clarke’s rehabili-tation scheme will see prisoners pay, under the Prisoners’ Earnings Act 2011, taken by 40% in an attempt to support victims. With the intention of raising £1million a year, the scheme will affect around 500 inmates who work outside of prisons.


law reports

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The appeal raised two distinct le-gal issues: (1) definition of ‘Sculp-ture’ in the Copyrights, Designs & patents Act 1988; (2) whether a UK court can rule on justiciability of a foreign copyright claim. The case also concerns intellectual property rights in various artefacts made for use in the first star wars film. The item concerned was the imperial stormtrooper helmet which the re-spondent had reproduced for sale without any recourse to the ap-pellants who own copyrights in

the artistic works creat-ed for the star wars film.Lucasfilm had obtained judgement against the respondent in the US and also commenced proceedings in the English High Court for claims of infringement of both English and US copyrights laws. The High Court dismissed claims for infringement of English copyright but held that US copyrights claims were justi-ciable and US copyrights law had been infringed. In the following suit, the Court of Appeal allowed the respondent’s appeal but held

that US copyright claims were not justiciable. Lucasfilm then appealed to the Supreme Court which unani-mously allowed the appeal and held US copyright claims were justiciable in English proceedings. Their Lord-ship’s reasoning was that, provided there was a basis for in personam jurisdiction over the defendant, an English court does have juris-diction to try a claim for infringe-ment of copyright claim of the kind involved in the present action.

The Appellant, seeking to challenge the lawfulness of the Respondent’s de-cision to amend her care package by substituting her night time carer with provision of incontinence pads when the Appellant is not in fact incontinent.Ms McDonald, the Ap-pellant, had suffered a stroke in September 1999 leaving her with severe immobility and a small neurogenic bladder con-dition that makes her use the toilet late at night more frequently. The Re-spondent, Royal Borough of Chelsea & Kensing-ton sought to review her care needs by withdraw-ing the night time carer, which would provide a £22000per annum sav-ings on the cost of pro-viding Ms McDonald care.An action at the High Court by the Appellant was dismissed on the limited strength of its ar-gument. The Court of Appeal saw differently;

ruling that as at the time proceedings commenced, the Respondent had been in breach of its statutory duty and then went on to say the Appellant had no substantial complaint.She appealed to the Su-preme Court on four points but most notably was (i) decision breached her rights under Article 8 ECHR, (ii) decision was in breach of section 21 Dis-ability Discrimination Act( DDA) 1995. The Supreme Court by a majority of 4-1 dismissed the appeal with Lady Hale holding the dis-senting view. The reason-ing amongst other things was that the Appellant could not establish inter-ference with her Article 8 rights and that she also failed to show that the Respondent’s decision could properly be charac-terised as a “practice, pol-icy or procedure” which would put it in breach of its section 21 DDA duties.

R (on the application of McDonalD) (ap-pellant) v Royal BoRough of Kensington & chelsea (ResponDents) [2011] uKsc 33

al Rawi & otheRs (ResponDent) (Re-sponDents) v the secuRity seRvice & oth-eRs (appellants) [2011] uKsc 34

lucasfilM liMiteD & otheRs (appellants) v ains-woRth & anotheR (ResponDents) [2011] uKsc 39

The question is whether the court has the power to order a “closed material procedure” for the whole or part of the trial of a civil claim for damages.The Respondents claimed compensation for their al-leged detention and mis-treatment by foreign au-thorities in locations that included Guantanamo Bay and the Appellants named as complicit to the whole episode. The Ap-pellants advocated for a closed material procedure to present to the court what they claim to be security sensitive mate-rial in their defence which was not to be disclosed to the Respondents. In other words, they wanted a closed defence and pro-ceedings to take place with parallel open and closed hearings and judg-ments, to which all the Respondents objected.This formed the basis of the preliminary issue where a “closed material procedure” was defined. At first instance, a decla-ration was granted that it could be lawful and

proper for court to order closed material procedure in a civil claim for dam-ages. The Court of Ap-peal disagreed, denying a court had such a power.The Supreme Court, by a majority dismissed the appeal on the basis that at common law, there’s no such power to replace public interest immunity, whereby a judge decides whether in public interest certain material should be excluded from a hear-ing with a closed mate-rial procedure. The court went further to state that a court cannot exercise its power to regulate its own procedures in such a way that should deny parties their common law right to a fair trial and ac-knowledging that it (HL) had previously decided that the right to be con-fronted by one’s accusers is a fundamental element of the common law right to a fair trial that the court cannot do away with in the plain exercise of its inherent power, deem-ing it as something only Parliament can achieve.


features

10

The European Arrest Warrant: Supra-national efficiency or modern

injustice?

One of the many issues sur-rounding Julian Assange’s ex-tradition trial relates to the instrument under which he would be extradited to Swe-den – the European Arrest War-rant (EAW). It might sound rather surprising to some that the EAW has been in force since January 2004, as it has not made many headlines since.In the past few years a fierce debate has developed over whether the EAW should be re-formed, and Assange’s trial (see box) has had the consequence of putting a spotlight on this topic.

The EAW is strongly support-ed by the Council of the Euro-pean Union and consequently by Member States, while it is criticised by human rights and non-governmental organisa-tions. The European Com-mission has acknowledged the problems with the EAW.But who is right? Do we need a reform of the EAW or not?

To answer these ques-tions, it is necessary to ana-lyse the nature of the EAW.

What is the European Arrest Warrant?

The European Arrest War-rant has its roots in the Tam-pere European Council of Oc-tober 1999, where Member States called for the principle of “mutual recognition” to be the cornerstone of a Euro-pean law-enforcement area.

The EAW was created by Council Framework Decision 2002/584/JHA and came into force on 1 January 2004. Based on the “mutual recognition” principle, the EAW is a fast-track system of extradition that imposes on a national judicial authority – the executing judi-cial authority – the obligation to recognise ipso facto, and with very little formalities, a request by the judicial author-ity of another member state – the issuing judicial authority – for the surrender of a person.

Article 1(1) of the Framework Decision defines the EAW as a “judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecu-tion or executing a custodial sentence or detention order”.

The EAW could not be issued in any case, but – according to article 2(1) – only “for acts pun-ishable by the law of the issu-ing Member State by a custodial sentence or a detention order for a maximum period of at least 12 months or, where a sentence has been passed or a detention order has been made, for sen-tences of at least four months”.

The problems with the EAWSome critics have defined the EAW as the “knee-jerk reac-tion” of the European Union

to the events of September 11. These critics referred to the ex-cessive speed with which the instrument had been passed by the EU institutions. Seven years after its introduction, some flaws have clearly emerged.

The main problem with the EAW, as it is at the mo-ment, is undoubtedly the lack of a test of proportionality.

The absence of a proportional-ity test has rendered it possible for some Member States to issue EAWs for minor offences. Some of these states, such as Poland, issue a great number of EAWs because their criminal codes or their constitutions impose that all offences must be prosecuted, even where they are trivial. In 2009 Polish authorities issued more than 4,800 EAWs, whilst the UK issued only 220. As a re-sult, in recent years courts have dealt with extradition cases in-volving minor offences, such as the stealing of a cake or of a wardrobe door. A measure such as that of the extradition of a person, which is draconian in its nature, appears totally dis-

Gabriele Ruberto


features

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proportionate in such cases.

At the same time, the execut-ing authority has no power to refuse an EAW on the grounds that this would be dispropor-tionate to the offence com-mitted, meaning that it must blindly rely on the request by the issuing authority. Even in those cases where the execut-ing authority could indeed re-fuse to execute an EAW – e.g. when it is persuaded that the person involved is not the in-dividual wanted for the rel-evant offence – the issuing state is under no obligation to withdraw the warrant. This means that each time the in-dividual crosses the border, he/she risks being re-arrested.

The case for a reform

Member States regard the EAW

as a fundamental tool and be-lieve that the overall success that the instrument has had in recent years largely outweighs the “minor” flaws that the Frame-work Decision may contain.

However, in light of the argu-ments presented above, the case for a reform of the EAW might well be sustained. The lack of a test of proportionality has led to serious injustices in the use of the EAW. The issuing and ex-ecution of extradition requests in cases involving negligible offences does not strike a suf-ficiently good balance between the need of Member States to extradite alleged criminals and the protection of the funda-mental rights of the individual.

It might be worth emphasising that this is not a general criti-cism to the institutions of the

European Union, but only an analysis of the problems that this very peculiar instrument has caused. Neither is this a call for a complete repeal of the EAW. It appears quite obvious that the EU needs an efficient system of extradition within its borders. As to the end of 2009, there were almost 12 million EU citizens living in another Member State. This means that real and effective coopera-tion between Member States in criminal and procedural mat-ters remains mandatory. How-ever, cooperation mechanisms should not be implemented in disregard of human rights, jus-tice and fairness. Furthermore, considering that the extradition process is fairly expensive and that the EU is facing unprec-edented economic challenges, the case for a reform seems to be sufficiently convincing.

JULIAN ASSANGE, the editor-in-chief of Wikileaks, is wanted in Swe-den to face accusations of rape, sexual molestation and unlawful coercion. Assange was arrested under a Eu-ropean Arrest Warrant and initially denied bail by the District Judge, on the ground that he may have abscond-ed. He was subsequently granted bail by the High Court. The extradi-tion hearing took place at the be-ginning of February before the City of Westminster Magistrate Court.

On 24 February, the court ordered the extradition of Mr. Assange. As explained in the article on the Euro-pean Arrest Warrant, the EAW can-not be refused on grounds of pro-portionality, but only on the basis of technical inaccuracies in the request. The judge considered the techni-cal issues on which Assange’s de-fense was based and decided that he

passed “the threshold of being an “ac-cused” person”. The court did have regard to the allegations – made by his lawyers – that Assange might be at risk of torture, but concluded that the extradition was “compatible with the defendant’s Convention rights”.

Mr. Assange appealed to the High Court. The hearing took place on 12/13 July. In this occasion, Assange replaced the two members of his le-gal team and used a more concilia-tory approach. His lawyers did not directly argue, as it was done at an earlier stage, that if Assange were to be extradited to Sweden, he would then be transferred to the US, where he would be detained in Guantanamo and face the risk of a death penalty.This might be understandable, as there is no concrete suggestion that it would be easier for the US to extradite Assange from Sweden than from the

UK. It might in fact be the contrary. Extradition between the UK and the US is regulated by the much-criticised Extradition Act 2003, under which the US does not have to provide prima facie evidence that an offence has been committed. In the case of a request of extradition from Sweden, the US would probably have to pass a high-er test and show that there were rea-sonable grounds for the extradition.

The decision by the High Court is still pending.

Julian Assange’s extradition case — Gabriele Ruberto B

ox


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So what iS paSSing off?

This legal issue is contained in the area of In-tellectual Property law and plays a major role in the regulating of products as well as safe keep-ing consumer bases for individual businesses. Passing off in most cases will be achieved by one party mimicking another’s goods, by, for instance using a similar packaging, design, or slogan which in turn amounts to that company’s reputation and consumer base being usurped.

It is often very detrimental to both business and consumer as the differences in products can be extremely difficult to spot therefore allowing the party to profit off the back of a successful estab-lished idea with a minor tweak. And so with this being said the law of passing off does come as a sort of blessing in disguise to brand innova-tors as unfortunately there is no common law ac-tion in unfair competition which can be brought, as such to prevent the imitation of products.

The law of passing off however can protect the get-up of products in certain cases and can provide wid-er redress than trademark law in some instances.

Burden of proof:

The law can be quite muddied in this area due to the fact that, in look-a-like disputes, the brand owner must convince the court that as a result of the competitor’s action the consumer has indeed confused the well established brand from which he/she would usually buy with the other copycat product. In response to this uncertainty, the case of William Edge & Sons v William Nicholls & Sons or the Jif case provided some authority on the matter ruling that protection of products could be afforded where the exterior appearance of the goods were supposedly imitated as opposed to the actual brand name. This was displayed in this particular case as the Jif lemon juice product which was housed in a plastic lemon shaped con-tainer was imitated by another seller passing off his product in the same kind of packaging.

It is important to clarify however that the judg-ment did not rule in favour of the injured par-ty due to the fact that they held a monopoly on that particular type of packaging as they didn’t, but merely because the other seller hadn’t tak-en adequate steps to distinguish their prod-uct appearance from that of the established

brand. As a result of the Jif case three crite-rions were proposed to determine either the success or failure of a claim for passing off.

The first requirement is that there must be good will or an established reputation set up in relation to the goods or services from which the consumer calls to mind due to the identifying get-up of the product. It is in this way that over time the con-sumer recognises the brand as distinctive due to the owner’s innovation or ‘stamp’ on the product.

The second and most important require-ment is to prove that a misrepresentation has occurred by way of the other trader which has led the consumer to believe in the va-lidity of the goods as the brand innovator. Lastly, the most important component is that the damage has to be caused by the mistaken belief of the customer as to the source of the goods. Con-sidering this, as a result of this case, it is evident that there is no formal protection for product get-up itself but alternatively for the reputation built up over time. This is clearly an invaluable asset to a brand and has the potential to be most dam-aged as a consequence of a passing off action.

what redreSS iS availaBle?

The remedies for passing off are similar to those available for the infringement of other intellec-tual property rights. Injunctions will be avail-able from the courts to prevent further action whether it was believed to be taking place or whether it actually has. Alternatively, the claim-ant may wish to lodge an inquiry to establish the loss of revenue from their brand to that of the copycat as well as a possible claim for damag-es and a request to see an account of the de-fendant’s profits. They may also be able to gain redress in the form of an order for the delivery up or destruction of the infringing goods which prevents the perpetrator from profiting further.

Commercial Copycat Crime: An overview of the common lAw Action:

By Jade Fitzgeraldpassing off


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In recent news, we have seen the recurring issue of Dale Farm. Dale Farm is part of an Irish Traveller site which currently houses over 1,000 people. It is the largest Irish Traveller site in the UK. The story of the settlement started in the 1970s when Basildon District Council gave planning permission to 40 families to take residence on the land. The entirety of Dale Farm, legal and unauthorised, now houses approximately 100 families. The disputed section is best described as a “former scrap-yard on seven acres of greenbelt land” of which, Basildon council say: “The use of a small parcel of land in the north-east corner of Dale Farm as a scrap yard was established without planning per-mission in the early 1960’s.

For those unaware, within United Kingdom town planning, the “green belt” is a policy for control-ling urban growth. The idea is for urbanisation to be resisted in a particular ring of countryside for the foreseeable future, which re-sults in maintaining an area where agriculture, forestry and outdoor leisure can be expected to pre-vail around the outskirts of large urban areas. The fundamental aim of green belt policy is to prevent urban sprawl by keeping land per-manently open, and consequently the most important attribute of

green belt is their openness.

According to its previous owner, the site was originally concreted over by Basildon council, Basildon council deny this, although a con-tractor who worked for the previ-ous owner said, “Basildon council regularly brought waste tarmac and rubble from road works and dumped it on Dale Farm for a period of 10 years until the 1990s.” Basildon council says “it served enforcement notices against the previous owner in 1992 and 1994 and council contractors did not put down any hard standing on the farm.”

The Dale Farm case started back in the spring of 2009 after the completion of a fact-finding mis-sion into forced eviction from the UN HABITAT Advisory Group. The case of the planned eviction of this Gypsy and Traveller com-munity in Essex, United Kingdom, was planned by Basildon Bor-ough Council (BBC). The travel-ler community bought the land in the green belt area and was not granted planning permission to stay. Enforcement notices were issued and the community could not overturn the judicial decision which authorised enforcement. Nationally the case is led by the Dale Farm Housing Association and internationally by the Centre on Housing Rights and Evictions. The aim is to stop the planned eviction and/or find an acceptable and adequate alternative for reset-tlement with full respect of the community’s human rights.

At the time of writing, the Dale Farm team has carried out a

variety of activities to assist the solicitor of the case, Mr. Keith Lomax of Davies Gore Lomax So-licitors, and the community in their endeavours to halt the planned eviction. On the legal side, the team prepared and submitted peti-tions to Basildon Borough Council, the UK Information Commissioner Office, the Essex Police Authority, Council of Europe, UN Commit-tee on the Elimination of Racial Discrimination and the UN Special Rapporteur on Adequate Housing. The case started to gain momen-tum on the 11th of March when a representative from the Council of Europe visited Dale Farm to get information on the eviction pro-cess directly from the community. The visit took place in the scope of a monitoring mission to the UK of the Advisory Committee on the implementation of the Framework Convention for the Protection of National Minorities. The team has produced an inventory of all material properties to serve as evidence in case the eviction results in the destruction of private property. The Clinic also assists the Dale Farm Housing Associa-tion with editing and designing the Dale Farm e-bulletin, which serves as a vehicle for circulating infor-mation on the planned eviction.

The most recent court report at the time of writing was that on the 29th of September Mr Justice Ouseley confirmed that the travel-lers are breaking the law through continuing to live on the illegal site. The legal team on behalf of the Dale Farm residents argued that Basildon council was obliged to help them continue “the gypsy way of life”. Mr Justice Ouseley

Human Rights at Dale FarmBy Steven Robinson

Continued on page 15


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This appeal concerned the imposition of two types of indeterminate sentences of imprisonment where the first is a life sentence, under which a prisoner is enti-tled to be considered for parole once s/he has served a fixed term specified by the sentencing judge. The second is a sentence of imprisonment for public pro-tection (IPP) which can be imposed by a judge on any defendant convicted of a serious offence pursuant to s225 Criminal Justice Act 2003 (as amended), where a judge is of the conviction that there exist a significant risk that the defendant will commit further offences that will cause serious harm to members of the public.

The appellant was a serial offender with numerous convictions for robberies and related offences. Having

been previously paroled, he was re-arrested in 2008 on suspicion of having committed eight armed rob-beries between 2006 and 2007,all to which he pleaded guilty and got recalled to prison for breach of his li-cence conditions and also sentenced on IPP with a minimum term of six years to be served. He appealed against the imposition of IPP on grounds that it was unlawful and that the judge, should not have ex-ercised his discretion under s.225 to impose the IPP sentence as it wouldn’t achieve any additional benefit.His appeals was dismissed unanimously by the Su-preme Court, holding the imposition of the sen-tence of IPP was lawful and open to the sen-tencing judge in the exercise of his discretion.

The Respondent, Mr Tariq, was employed as an im-migration officer with the Home Office until 2006 when he was suspended and his security clearance withdrawn. The resulting appeal concerns the per-missibility of a procedure in which a claimant in an employment tribunal pro-ceeding may be excluded along with his representa-tives from certain aspects of the proceedings on grounds of national secu-rity. It raised the question whether such a proce-dure, known as a ‘closed

material procedure’, is compatible with Euro-pean Union law and the European Convention on Human Rights [ECHR].The apparent trigger to Mr Tariq’s circumstances was the involvement of his cousin and brother during investigations into a suspected terrorist plot on transatlantic flights, of which his cousin was finally convicted in 2008. He commenced proceed-ings in the Employment Tribunal claiming direct and indirect discrimina-tion on grounds of race

and religion. The Home Office as the appellants refuted the claims with reasons well substantiat-ed, with special recourse to section 10(6) of the Employment Tribunals act 1996 and Rule 54(2) of Schedule 1 to the Em-ployment Tribunals (Con-stitution & Rules of Pro-cedure) Regulations 2004.By a majority of 8-1, the Supreme Court allowed the appeal with Lord Kerr dissenting. It was in the opinion of the majority that there was no abso-lute requirement that a

claimant should be able to see the allegations against him in sufficient details to enable him have a fair trial, concluding that Article 6 ECHR was there-fore not breached which was underpinned on a decision by the ECHR rul-ing that only where the liberty of a subject was involved would Article 6 require the provision of a gist as reckoned by the Court of Appeal, with such not being the is-sue in the present case.

is it permissible for a Member State (MS) to make the right to internal promotion in the civil service only available to career civil servants conditional upon candidates who have worked for certain periods as career civil servants while excluding all possibility of account being taken of periods of service completed as interim civil servants?This was the question put to the Court of Justice by the Juzgado de la contencioso- Administrativo no.12 de Sevilla (Court for Contentious Administrative Proc-cedings, No.12 Seville) when a regional administra-tive authority annulled the promotion of Mr Rosado Santana on the grounds that he did not have the req-uisite qualification or 10 years seniority as a career civil servant as mandated by a competition notice. He had neither requirement but was admitted to the

test and passed. He petitioned the relevant national court seeking to rely on the Framework Agreement on Fixed term work for which aim the Directive 1999/70 had sought to make illegal to treat fixed term work-ers less favourably than permanent workers unless dif-ferent treatment was justified on objective grounds.The Court of Justice ruled that where a certain number of years’ service is required for the internal promotion of career civil servants, MS can be required to recognise periods worked as an interim civil servant and on the issue that Mr Santana’s application was time barred, it ruled that time for the purposes of the two-months time limit could not start to run until the date on which the decision annulling his promotion was notified.

R v sMith (appellant) [2011] uKsc 37

hoMe office (appellant) v taRiq (ResponDent) [2011] uKsc 35

case-177/10: fRancisco JavieR RosaDo santana v conseJeRia De Justicia y aDMinistRacion puBlica De la Junta De anDalucía


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however went on to tell the High Court: “It’s not always possible to get what they want; especially when what they most want is to go on committing a criminal of-fence.”

The travellers of Dale Farm have launched three separate applications for judicial review on the grounds that an eviction now would breach their human rights because they have nowhere else to go. Marc Willers, representing Mary Sheridan, told the court that Basildon council had an obligation to provide caravan pitches if travellers turned down housing and he announced “One has to bear in mind positive obligation to facilitate the gypsy way of life.”

However Mr Justice Ouseley said: “Whatever choice they make cannot be visited on an author-ity endeavouring to uphold the law.” He further told the court that: “The reality your clients are faced with is the issue of whether they go into housing or take risks on the roadside.” The travellers also argued in court that the council had failed in its duty to consider the affect of the evictions on the children of the site, to which Mr Willers told the court: “The failure to have regard to a mandatory statutory requirement makes the defendant’s decision wrong in law.”

According to a YouGov poll, two-thirds of the British public support the council’s attempt to clear 51 illegal plots which are home to about 400 travellers. The council has now been battling for a dec-ade to remove the travellers and their children. Bailiffs were meant to begin clearing the six-acre site on September 19th.

This is not the only recent issue

of forced eviction of gypsy travel-lers though, in fact the Hovefields site, located near Dale Farm, is another unauthorised develop-ment where some members of the extended families of those at Dale Farm reside. Two forced eviction operations were carried out by the bailiff company Constant and Co. (Bedford) Ltd. against 13 families, on 29 June and 7 September. Alternative accommodation was not offered to all persons forcibly evicted, and where it was offered, the tender of the Basildon Coun-cil was considered inadequate by the Travellers. The offers consisted of brick and mortar accommodation, usually in the form of unsuitable council apartments. Temporary accom-modation was also not offered. As a result, four families were rendered homeless. They were forced to resort to trespassing on private and public land located in the surrounding area, from which they were systematically directed to leave by the police.

Back on Monday the 14th of March local authority Basildon Borough Council (BBC) voted 28 to 10 to forcibly evict 86 families from Dale Farm. The 28-day evic-tion notices were subsequently served, and the eviction was due to take place from the 19th of October 2011 onwards. This was then delayed as BBC decided to withdraw from negotiations with interested parties and omitted to assist the community in identifying suitable alternative land, which it is required to do, as a number of international human rights bod-ies and mechanisms, such as the UN Committee on the Elimination of Racial Discrimination, the UN Special Rapporteur on Adequate Housing and an Advisory Commit-tee of the Council of Europe, have emphasized to the UK govern-

ment on previous occasions. The Dale Farm Housing Association, with the support of the Gypsy Council, has applied for planning permission for the use of a nearby location by the name of Pound Lane site which is located close to the Dale Farm site in Basildon for accommodation. Most of the Dale Farm residents are vulnerable and poor and they may be un-able to afford to meet the costs of identifying sites and applying for planning permission which can be very expensive.

The financial implications of the forced eviction operation, esti-mated at £18 million, will have a devastating effect on the provision of services to the whole popula-tion of Basildon. Most importantly, such costs do not include the provision of adequate alternative accommodation for the families affected by the eviction. As for the Council costs, the taxpayer is being asked to pay in order to deliberately make people home-less. As the primary authority in the UK responsible for tackling homelessness, Basildon Council is expected to comply with its du-ties to homeless residents as well as with other relevant obligations under national and international human rights law.

As we can see from this, the case is split between two very clear points of law. On one side, The Town and Country Planning Act 1947 gave the rights of creating the Green Belt policy as it has clear economic benefits, stop-


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First year student? Concerned about choosing a career path best suited to you? Look no fur-ther, this one’s for you guys!

The memory of first year under-graduate study is still fresh in my mind. Yes it’s exciting embarking on the next stepping stone of the journey but there are always those worries of keeping up with semi-nars and coursework, doing well in exams. Not to mention those thoughts lurking in the back of your mind about acting on career plans, bulking up your CV and of course finding that ‘commercial aware-ness’ which is the phrase on the tip of the tongue of the majority if not all law firm graduate recruiters. It can be quite overwhelming with tu-tors placing large emphasis on the likes of pro bono work, work expe-rience, vacation schemes and in-

ternships. During the summer I did however find something that will ease these sorts of stresses and pro-vide you with some practical infor-mation on what will best suit you.

I first found out about the CSET summer school residential event when I subscribed to an email alert service with target events. I re-ceived an email encouraging first year law students to apply quickly as the deadline was fast approach-ing and immediately this stood out to me as events like these are far and few between for those start-ing out. I applied and after an on-line application, verbal reasoning test and telephone interview, I was pleasantly surprised that I had been accepted! And what a fantastic event it was! The school consisted of a four-day intensive course fo-cusing on interview techniques,

how to increase employability and an overview of the range of careers available to potential recruits from both law and non-law backgrounds.

Day one of the event consisted of icebreaking activities, a skills ses-sion with Chris Phillips the head of GTI media who compiles all the target graduate publications and most importantly a ‘commercial law in practice’ session which was the most valuable slot of the day. This involved a sort of speed dat-ing exercise with five representa-tives from city law firms. We were allocated groups and then given 60 minutes (15 minutes with each rep) to ask as many questions as we could to gain first hand infor-mation about life at that particular firm which was an invaluable exer-cise. We were given the chance to find out inside information such

by Jade Fitzgerald

My CSET adventure

ping over-development of towns and cities, as well as reducing the effects of pollution and keeping a place for local wildlife to survive. On the other hand, it is not un-reasonable for travellers to want a home, and if Basildon Borough Council are refusing to aid in this, they are taking away fundamental human rights under the European Convention on Human Rights and subsequently the Human Rights Act 1998. This case will continue to be heard until the 4th of October 2011, and then will be likely to result in further appeals in the months to come. It is to be decided which rights are judged more important, those of the local Basildon area both envi-ronmentally and financially due to

the funding drains and higher tax needs from the community, or the counter side of the 51 unauthor-ised caravan plots wanting to stay at this site.

The most likely outcome from here is that they will be forcibly removed as we saw with the Hovefields case, however the local council will be forced to of-fer alternative residence to the

affected families, as it would be against Article 8 of the European Convention on Human Rights to evict the travellers onto the street, although if they continue to turn

down the offers of fixed abodes rather than caravan plots, the results will remain unknown. Considering that this operation is estimated to cost £18 million already, I cannot imagine the court’s ruling to force the council to waste even more money on creating new caravan

plots rather than offer reasonable homes and flats, that are available now, and for those who refuse to accept these living arrangements, they will probably be moved on rather than keep the case running through different courts.


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as their working culture, a typical day at the firm, roles and respon-sibilities, likes and dislikes about their job and the most interesting projects they have worked on to date. This provided some real food for thought about the kind of ca-reer to pursue and was stimulating.

Day two was an extremely busy day with a full itinerary of activi-ties. For the morning we had pres-entations given by representatives from in house legal departments and from a barrister. The after-noon consisted of preparation for the debating competition which included help from trainee solici-tors who were to chair each debate. The evening then culminated with a session on commercial awareness - again as mentioned before, some-thing that is extremely sought after by all undergraduates. This partic-ular session addressed the impor-tance of commercial awareness, how to acquire it, how much to acquire and how to use it success-fully in interviews. We were also given a quiz during this time with some common phrases, people and places that make up a certain level of commercial awareness and it was quite remarkable to see just how little we knew about the busi-ness world and current affairs. This certainly set alarm bells ringing and helped us to know more about its importance and what we could do to increase our knowledge.

Day three was one of the most in-sightful and I must say exciting part of the trip. First we were al-located groups and throughout the day completed a competitive case study. This consisted of four differ-

ent legal scenarios where we had to structure a plan of how to act on behalf of a client in certain situa-tions, the exercise concentrated on clarity of oral expression, smooth delivery of material to a board and how to compile a case with rel-evant and influential information. The scenarios covered four topics which consisted of company and commercial law, litigation, em-ployment and intel-lectual property. In the afternoon there was a presentation from a Senior Advi-sor at Macfarlanes who was formerly a senior partner of the firm and again the tips he gave were incred-ible. The information came straight from the horse’s mouth so to speak as often final t r a i n i n g contract interviews are hosted by two partners. Finally, the last por-tion of the day consisted of us be-ing split into groups and travelling to city law firms. I visited Norton Rose which is situated right on the Thames, adjacent to Tower Bridge and the view from the office was breath-taking! We toured the li-brary, various offices, the lunch room and so on getting a feel for life at a city firm and were lucky enough to meet one of the gradu-ate recruiters of the firm, gaining the inside scoop on what they were looking for in prospective recruits for training contracts and vacation schemes. To finish a fantastic day we were then escorted back down to the river to meet with the rest of the students for dinner on a Thames cruise with representatives from various firms to name a few, Allen & Overy, Slaughter & May, Clif-ford Chance & Macfarlanes. It was a relaxed informal setting in which we could socialise with trainees and really dig deep into what life

at big law firms is like. It was also a fantastic opportunity to network, get noticed and collect a few busi-ness cards to utilise at a later date!

The final day of the trip offered a wealth of information and again filled with several activities with reps from the Government Le-gal service and the Financial Ser-vices Authority. As well as

a presentation from Paul Jenkins QC - Treasury Solicitor and the Head of the Government Legal Service. This was an extraordinary session as we gained an insight into a range of alternative careers in the legal sector and top tips on how to impress at interviews for the GLS as well as the work that is done in these organisations. Following this was a drinks reception where we was issued our completion certificates and were free to go! The event was extremely beneficial and due to its previous success, has run every year for the past four years. As you could probably gather from the description giv-en, all the activities, sessions and presentations are carefully crafted to provide attendants with the most useful, transferable and rel-evant information. Just to be able to communicate with those who have been there and have experi-enced the lows and highs provides the best preparation for students starting on their journey. You can find out more at cset.org.uk.


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U niversity can be a daunting place when you have unresolved issues, so do not stress yourself out. Each year group has a Student Academic Rep-resentative, otherwise known as a StAR. We are elected by our course peers, meaning you, so for each year group and course there will be ei-ther one or two of us.

If you’re wondering what we do it may shock you to know that we are there to voice your views and to resolve issues re-lated to your studying. StARs duties include at-tending meetings with the heads of departments, the head of faculty and mod-ule leaders to discuss any issues you may bring to our attention. At these meetings we endeav-our to ensure that some-thing is achieved about

the issues raised. This being said, although we argue all the important issues that are felt by the majority of students, such as library opening times, we cannot raise every personal issue.

Through my experience as a StAR I have often dealt with students who have come to me with per-sonal issues, in such an instance a StAR will lis-ten and offer support and where possible help guide you to a person or ser-vice more suitable to your requirements. If there are problems involv-ing a specific module,

then the module leader is often directly informed of your views so that the problem can be resolved as quickly as possible. Any expression or point of view that you discuss with your StAR will be treated with complete im-partiality and confiden-tiality unless you give us permission to disclose otherwise, so there is nothing to worry about.

Don’t forget that StARs can be found in every year group so try to get to know us, if you don’t already. We are here to listen and help with the many academic problems you may face so don’t feel like you have no one to turn to. Always remember that we are completely confidential so you can remain totally anonymous!

Wish upon a StAR!by Soni Marti Singh

“will be treated with complete

impartiality and confidentiality”

Want to WIN a Comedy night pass for eight? Then all you need do is send a 400 word essay on your views on the le-gal aid Cuts along with your name and student id number along to [email protected] for a chance to WIN this fantastic prize. The best essay will be chosen by an in-dependent panel and awarded the prize along with the es-say being plaCed in the January issue of diCtum. Best of Luck.

Writing Competition

A new site www.wish.co.uk has now launched in the UK and has a fantastic variety of experience days. With everything from exciting driving and flying experiences to afternoon teas and pampering spa treatments, there is something for everyone. heaD oveR to wish to leaRn MoRe!

The PRIZE: If a fun night out is just what you need, treat your-self and seven of your friends to see some of the nation’s funni-est comics strut their stuff with the Ministry of Comedy. There are over 25 venues nationwide to choose from, all of which al-

low you to enjoy the comedy in a chic and relaxing environment!


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METiMUN (Metropolitan International Model United Nations) 2011 is the latest addition to a series of up-coming annual conferences that is going to be held at London Met starting this November. Organised by London Met’s very own Model United Nations So-ciety the conference aims to attract the maximum number of students both na-tionally and internationally.

The Model United Nations (MUN) Society at London Met (UNAMET) had a mag-nificent academic year in 2010/2011. This included winning the society of the year award at the student achievement awards and organising some very suc-cessful events. One of these events included having the Bulgarian ambassador to the UK honour us with his pres-ence as we held a lively de-bate on the different issues surrounding the current role of United Nations (UN) in international affairs. The last academic year saw the MUN Society host a speaker from the British Red Cross who informed us of the dangers of HIV whilst holding a very

successful Human Trafficking workshop for all students. We even had the UK’s UN Association Peace & Security Coordinator, James Kearney, give a talk on the topic of ‘Nuclear Non-Proliferation’.

The MUN Society aims to continue its success this new academic year by hosting the first Metropolitan Interna-tional Model United Nations Conference at North Cam-

pus. UNAMET hopes that this conference will be the start of a new tradition at London Met getting togeth-er, over 2 days in November, future leaders and thinkers from various fields of study from universities worldwide.

At a Model United Nations Conference young students take on the role of world leaders by the simulation of a professional UN Confer-ence. The conference aims to build strong international relationships and a better understanding of global chal-lenges that the UN faces every day. Each participant takes on the role of an am-bassador to the UN and represents the viewpoint of

a single Member State of the United Nations research-ing that country’s policy and advocating these views to other delegates represent-ing other countries. The debate is controlled using conventions and rules based on those used at genuine international summits. The objective is to reach con-sensus and pass a state-ment of the international community’s response to a particular area of concern. These formal statements - called resolutions - contain collective action that will be taken to address the issue.

Amongst the committees for METiMUN 2011 will be the Human Rights Council and the World Health Or-ganization which will explore issues in the field of current and international affairs. The debated topics will be focus-ing on international poverty, disease, immigration and in-tegration, sexual violence and more. It is METiMUN’s Secretariat’s honour to con-firm the presence of some outstanding guest speakers including speakers from the World Health Organization, United Nations Association

UK, British Red Cross, and Woman’s International League for Peace and Free-dom. The conference will not only be about interna-tional relations and medical talks but of also showing off your social and dance skills during the social night or-ganised for the delegates at the Rocket Complex.

It has been an enormous pleasure for METiMUN’s Secretariat to see the large volume of students interested in the upcom-ing conference on the 18th and 19th of November and we would like to in-vite all interested London Met students to apply for delegate positions, regard-less of any experience you may have. For more details about the conference and for application forms please check our website: www.metimun2011.weebly.com.

The Secretariat is look-ing forward to welcoming you to METiMUN 2011!

Start of a new tradition at London Met?by Reshika Mendis Co-Secretary General METiMUN

UNAMET hosting James Kearney from UNA UK

UNAMET Team with Bulgarian Ambassador


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Having written my first BabyBa-rista novel Law and Disorder a little while back, last year I was faced with the task of writing book two. This came as more of a challenge than the first given that I couldn’t simply use the stresses and strains of pupillage to drive the plot along and instead had to look to other themes and stories. In the end, I did just what I’d done in book one and let the characters loose to tell their own stories. What eventually came out was Law and Peace which was published by Bloomsbury this May and which thankfully has garnered some decent reviews with The Daily Mail describing it as “highly recom-mended” and a “funny, sharp ac-count of backstabbing Bar life” and broadcaster Jeremy Vine calling it “a novel bursting with invention”.

The book follows BabyBarista’s second year in chambers in which as the newest tenant, he must face down old enemies, try to win com-pensation for a group of ASBO-at-tracting pensioners and unravel the complicated knots of his love life - not to mention his mother's finances. Under the wise and watchful eye of OldRuin, he tries to keep his nose (and his wig) clean, but when Slip-perySlope, an unscrupulous solicitor offers him a quick way out of his fi-nancial difficulties he soon becomes embroiled in blackmail, dodgy share-dealing and the dark arts of litigation. With his old adversary TopFirst out for revenge

and the chance to be awarded a coveted ‘red bag’ at stake, BabyB has to use all the tricks of his trade to extricate himself from his legal quagmire, win the case for his mad old clients, and somehow convince his best friend to fall in love with him.

One of the themes which comes out of the book is BabyBarista’s preoc-cupation with work and his failing to give enough time to his friends, family and other things which make him happy. In the end, it’s the example of others who show him the way with the old people tak-ing him skateboarding and a friend of theirs introducing him to surfing as well as OldRuin, Claire and his mother emphasising the importance of love and friendship. It’s some-thing which I’ve had time to reflect on myself having spent ten years at the Bar in London before tak-ing what has become a prolonged break to move down to the sea in North Devon. This has allowed me to return to the much simpler country way of life that I had known as

a child with time to get out into the surf and the countryside as well as to settle into the local community. I guess the thing about legal life (or indeed studying law) is that it doesn’t necessarily need to end up being over-worked and stressful. But in a profession that bills itself out by the hour, there’s an inherent risk of it producing a tendency to commoditise what might be our most precious possession, that of time itself. But as BabyBarista discovers, it certainly doesn’t have to be like that and during the course of the book he slowly starts to return to the things that really matter.

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Writer Tim Kevan tells us about his second BabyBarista novel

‘Law and Peace’

Tim Kevan is The auThor of ‘Law and Peace’ and ‘Law and disorder’ which are

boTh PubLished by bLoomsbury and avaiLabLe aT www.amazon.co.uK. for more informa-Tion visiT www.TimKevan.com and hTTP://

TimKevan.bLogsPoT.com.


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Wannabe solicitors get a head

The Legal Practice Course team at London Met hosted a Head Start day on 1 June 2011. The day was designed to give stu-dents about to start the LPC a taste of what it is like to train as a solicitor. It was led by Pat McHale, Senior Lecturer in property law and practice and attracted 65 delegates from many universities including Lon-don South Bank University, UEL [University of East London] Uni-versity of Essex, and Brunel.

All of the lecturers teaching on the course at London Met are qualified solicitors. They gave students a taste of the vari-ous areas of legal practice that they will study on course. Mark Blakeley demystified some of the areas of tax law that students are likely to encounter in prac-tice. Caroline Watson introduced students to the sort of profes-sional conduct dilemmas that solicitors’ face in their working lives.

Delegates attended three break-out sessions. Civil litigators Sarah Campling and David Hill gave a taste of the research skills needed by solicitors to advise a client who is injured at work and wants to claim com-pensation. Family lawyers John Jupp and Pat McHale explained the skills needed to advise a cli-ent who is in dispute over their children. Business lawyers Stu-art Peck and Bill McKay led a session designed to look at tax considerations for a client who wants to set up a business and is not sure which form to es-tablish.

During the conference lunch, del-egates networked with solicitors, tutors and each other. After

lunch Maggie Hammond dealt with the questions that stu-dents were afraid to ask about qualifying as a solicitor.

The highlight of the day was the return of some former London Met LPC students who are now practising the skills that they have learnt in the classroom in courts and law firms.

Varinder Haye came directly from the Magistrate’s Court where she had been prosecuting cases that day on behalf of the CPS. She praised the LPC team who had taught her on the part-time evening course.

Tim Hayes is currently employed as a trainee solicitor with Bir-cham Dyson and Bell, solicitors in St James Park, who gave students the benefit of his ex-periences in applying for training contracts.

Claire Manning is now a part-ner leading a team of property lawyers and a large regional firm. She had qualified after tak-ing her LPC as a Fellow of the Institute of Legal Executives.

Three current students were also included on the student panel, Frank Namah, Agnieszka Arcimowicz, and Piotr Sieradzki gave tips on the best approach to the course.

The day was a great success. Delegates made the following comments:“It was a road map for success on the LPC.” Highly informative and engaging break out sessions”. “The most positive aspects were the comments from the student panel and the friendly and ap-proachable tutors”.

Pat McHale, organiser, said, “The LPC team at London Met are extremely proud of the course and wanted to show potential students how good it was by giving them the op-portunity to try some of the solicitors’ skills that are taught. We wanted to give students who attended the opportunity to get a head start on the LPC so that they felt confidence to tackle this challenging course from day one.”

by Patricia McHale S t a r t !


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The beginning of the LPC

We are getting ready for the start of the LPC, somewhat earlier than the LLB and the associated surge of adrenalin as we face a new bunch of pol-ished new graduates for what we call ‘foundation’. I did the LPC (the Legal Practice Course) at South Bank University and North London University many years ago and remember the work we were expected to have undertaken before the course as well as the prep for ‘foundation’. LPC students must hit the ground jogging.

Foundation on the LPC involves getting LPC stu-dents to start to think and act like lawyers – to problem solve, to apply the law to the facts and most importantly to give an opinion – to advise. Our students know that we must never duck that fundamental part of our role as professional ad-visors – we must advise. That is the ‘gulp moment’ in class when the student must say ‘what I think the client should do is …’

Students also cover ba-sic skills on ‘founda-tion’ which we expect students to have mastered by the end of the course – drafting, advocacy, legal writing, interview-ing and legal research. The most popular part of ‘foundation’ is of course tax, which for most stu-dents is the first time they will have looked at the 5 taxation systems we cover – income / corpora-tion tax, VAT, inherit-ance tax, capital gains tax and stamp duty. This is the time when stu-dents remind themselves why they didn’t train to become accountants and learn how not to panic even when faced with un-familiar and scary mate-rial.

Each student is allocat-ed a professional mentor during ‘foundation’, who will work with each stu-dent during the course to help them plan the next stage of their career. Many of our students stay in touch long after they have gained the LPC. This is because of the individual care

and support we give our students, as we help them decide where to go next and how to get there.

This year, given the num-ber of trainee solicitor roles has continued to decline, we have intro-duced more formal oppor-tunities for our students to gain work experience, connections and contacts with young professionals in the profession. We call this ‘practice re-lated activities’ and we will expect our students to get involved in ac-tivities which we believe will help them get into work in the law. There will be no escape from those professional mentors for our LPC stu-dents.

So, if you fall over a sweaty looking, suit wearing student strug-gling with a large suit-case it is not a homeless person who has taken a wrong turn, it will be one of our new LPC stu-dents transporting their extensive LPC materials while managing the physi-cal and intellectual de-mands of the LPC. Next year, it could be you!

From the chalk face

About the author:Maggie works part time for London Met and has her own business (Hammond Stones Associates) as an in house lawyer for small to medium sized businesses). She has taught post grad law since 2002 and qualified as a solicitor in 1998. She recently gained her LLM (Legal Practice) at London Met (with distinction).

Maggie Hammond, Senior Lecturer (PT)


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Indeed what is it all about; the en-ergy law sector is one of the most dy-namic and important areas of law in our now globalised world. It is a hard sector to grasp as it overlaps into many other disciplines so the ever helpful team at dictum have decided to summarise the field in one easy to read article, no need for thanks.

The reason for its importance is two fold, there are major concerns at every level; domestically, regionally and glob-ally, about energy security. Will our energy reliant lifestyles find the non-renewable fuel it depends on? The IEA (International Energy Agency) predict that the demand for energy will rise by 49% by 2035 only adding to the strain. Also national, regional and su-pranational bodies are attempting to implement legislation to encourage a move away from this dependency in response to climate change. These two factors have made for some interest-ing developments over the last decade

or so and promise to continue to do so.

But before we dive into the fun we need to find out what energy law actually cov-ers. Eversheds, who it is assumed needs no introduction, has a great collection of web pages that divide the sector in 5 sub-sectors; ‘Mining and Natural Re-sources’, ‘Oil, Gas, LNG’, ‘Nuclear’, ‘Clean

Energy and Sustainability’ and ‘Water’.

Mining and Natural Resources, as with the other sub sectors, require lawyers to offer due diligence; investigating any potential takeover and mergers, draw up contracts; manage disputes and all the other matters that are in-volved when operating such large op-erations. Companies will often want to exploit foreign sources and require advice on how to access these markets.

Oil, Gas and LNG (liquefied natural gas) are those demonised non-renewa-bles that are so coveted, lawyers prac-ticing in this area can potentially be involved in almost every aspect, from upstream; or the search and extraction, downstream; the refinement, selling and distribution, financing, shipping, emissions trading, and many others.

Nuclear; highly contentious but un-likely to go away, the IEA predicts a rise from 6% share of the total world energy produced to at least 8% by 2035. The

IAEA (International Atomic Energy Agency) post the Fukushima acci-dent has been called to take a more practical and effective role which will add more international legislation to the extensive national regulations.

Clean Energy and Sustainability, in-vestment is encouraged and environ-mental accountability is beginning to be enforced. In June 2009 binding leg-islation from the EU came into force; it demands that collectively the share of energy from renewable sourc-

es should be 20% of its total by 2020.

Water issues vary from supply con-tracts and pricing to sewerage services and trade effluent (any non-domestic or industrial liquid waste) agreements. Bizarrely there was even a recent sale of a tidal river which required advice.

As already alluded to there is a com-plex matrix of national and inter-national law to negotiate with most energy work, it would be useful there-fore to have a close look at relevant countries energy policies and laws.

Starting at home our recent gov-ernments have spent a great deal of time tweaking and refining energy policy, the current stance revolves around several pieces of legislation.

The Climate Change Act 2008; sought to ‘create a new approach to managing and responding to climate change in the UK’ (www.decc.gov.uk) by setting and facilitating the meeting of ‘ambi-tious’ targets, developing institutional framework and capacity to adapt whilst also establishing accountability. This accountability would be monitored by the newly formed Committee on Cli-mate Change (CCC) and a government report is now produced every 5 years stating how the UK was being affect-ed. The government was also required to produce reports on how companies should report their emissions and make it mandatory to do so, along with re-porting how sustainable and efficient the government estate is; the first being ‘The State of the Estate 2008’ released in June 2009. The Act also contained in Part 1 legally binding targets to re-duce emissions by 34% by 2020, vari-ous carbon budgeting systems and the inclusion or explanation to parliament of international aviation and shipping emissions. Controversy inevitably fol-lowed its enactment; Part 1 has been earmarked for future litigation be-cause of its inflexibility in respect to the economy and the duties imposed on the Secretary of State. There has also been major concerns from long haul destinations that the inclusion of avia-tion emissions will result in disincen-tives these could include penalties for under full flights and the promotion of

Energy LawWhat’s it All About?

By Ricky O’Brien


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short haul destinations. This has raised concern as to the effect that econo-mies relying on tourism will face, cer-tainly a matter for further discussion.

The Energy Act 2008; ‘updated the UK’s energy legislation to, reflect the availa-bility of new technologies... correspond with the UK’s changing requirements for secure energy supply... protect our environment and the tax payer as our energy market changes’. Feed-in tariffs; to subsidise small electrical generation, smart metering; real time information on energy consumption and invest-ment in carbon capture systems (CCS) were all highly praised and have thus far been followed by the current gov-ernment. However a key part of this act was to ensure that nuclear power com-panies met the bill for decommission-ing the reactors. The latest bill currently going through the houses; The Energy Bill 2010-11, has created a loophole that with its loose wording could see the taxpayer now picking up some costs. It requires all agreements to be made public and binding, this may initially seem fine but what if the situation was to arise where a new safety feature is developed it would mean the taxpayer would have to pay for this as it was not in the original agreement. New features are very likely and this therefore means the government can offer future subsi-dies, a very crafty addition. The Energy

Bill 2010-11; has came under much fire for other reasons too. The Stop Cli-mate Chaos Coalition has stated that the widely touted ‘Green Deal’ has not been sufficiently clarified and will lead investors without a clear idea of how much is needed to be invested. The ‘Green Deal’ aims to spread the cost of energy efficient solutions to consum-ers over several months as part of their energy bill. As ever where sustainability is tackled so to is security; the Bill dis-cusses gas, electricity, third party access to upstream oil and gas infrastructure.

Other relevant legislation includes The Energy Act 2010; which includes provisions to further encourage CCS, social support for vulnerable mem-bers of the UK to help pay for fuel and strengthens fairness of energy markets.

Fair energy markets are high on Eu-rope’s agenda too, which seeks to cre-ate a strong and reliable internal energy market. The Lisbon Treaty (TFEU), highlights this by using market based tools such as taxes and subsidies with the grand aim to ‘create a new indus-trial revolution’. Renewable supplies are obviously encouraged with particular attention being paid to electricity, heat-ing and cooling sectors and biofuels; biofuels are hoped to account for 10% of transport fuel by 2020. Security of energy is also tackled by the hope of

creating partnerships with non-Euro-pean countries using a ‘united, consist-ent European voice’. Again security is always paired with sustainability. The CO2 emission trading scheme, piloted by the UK until its mandatory intro-duction by the EU in 2005, allocates large emitters of CO2 an amount of emissions which during the trading pe-riod it falls under, can sell to its less ef-fective traders to balance their excesses.

Nuclear power produces 15% of the energy consumed in Europe which recognises its tempting benefits; low carbon levels and stable costs, and tasks Euratom with the job of en-suring safety standards, protect the health of the public and the employ-ee’s of the sector along with the en-vironment from the waste produced.

Shale gas and its waste is currently di-viding the ‘united voice’. By fracturing shale found deep underground a gas can be extracted and used as fuel, whilst it has been mined for over 100 years par-ticularly in the USA modern advances that can artificially fracture it (called fracking), which has made it a lot more viable. Both France and Germany have banned the process in their countries however Poland, who stand to become an energy super power because of the 1.4+ trillion tonnes it has, and Britain have been actively encouraging it. The


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process is alleged to have less damag-ing emissions than other non-renewa-bles but this statement has been hotly contended and it is thought to release methane into groundwater. The fledg-ling mines are unlikely to produce any results for another decade and therefore green groups have argued that the mon-ey should be invested in development of renewable supplies. The ground is set for more fierce debate, watch this space.

Developing the matrix takes us to the International bodies; of which there are plenty. UN-Energy created in 2002, sought to bring together the many agencies (including the International Atomic Energy Agency and the World Meteorological Agency) and various stakeholders to focus and promote co-herence in energy policy. As has been discovered, energy policy, whilst be-ing one of the most important issue’s our world faces, has been diluted be-cause of the many claims on its parts. Legislation can be found in interna-tional environmental law, human right law, but (possibly) the most specific would be the Energy Charter Treaties.

The Energy Charter Treaty and the En-ergy Charter Protocol on Energy Ef-ficiency and Related Environmental Aspects were signed in December 1994 and entered into legal force in April 1998. It established an Energy Charter Conference meets on a regular basis to review the charter and energy issues in relation to energy its members are fac-ing. The treaty sought to remove the need for bilateral agreements building as stated on their website ‘a legal foun-dation for energy security, based on the principles of open, competitive markets and sustainable development ‘. Arti-cle 19 discusses environmental impact

of the energy trade however a further more specific treaty was also opened; Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects (PEEREA), to deal with this. Both have 51 countries signatures and have been ratified by 46. The Energy Charter Transit Protocol was first ne-gotiated in 1999 because ‘energy transit issues could be amplified and strength-ened in order to mitigate some specific operational risks that continued to af-fect energy transit flows’ it still remains unsigned due in part to EU-Russian disagreements concerning third party access to pipelines and transit fee’s.

Continental unions and other bodies like OPEC (Organisation of Petroleum Producing Countries) regularly release policy that affect the energy industry of their member. Other noteworthy ab-breviations that affect policy include IREA (International Renewable En-ergy Association), GEF (Global Envi-ronment Facility) and UNEP (United Nations Environment Program). The OECD Organisation for Economic Co-Operation and Development) has the IEA (International Energy Agency), advising its member states and others, including Russia, India and China on energy policy but was criticised in 2009 for pandering to the USA by overplay-ing global oil reserves after an inde-pendent study from Sweden contradict-ed their ‘World Energy Outlook’ report.

Turning to the United States of Amer-ica’s energy policy whilst attempting to avoid the oil greedy neo-colonialist accusations, President Obama states ‘As we recover from this recession, the transition to clean energy has the po-tential to grow our economy and cre-ate millions of jobs - but only if we accelerate that transition. Only if we seize the moment.’ Inspirational? Pol-icy focuses, surprisingly, on security and sustainability; continued increase in oil and natural gas (including the aforementioned shale gas) extraction on home soil and the investment and encouragement of clean green solu-tions. The current administration has led a campaign to reduce mercury emissions globally and whilst this is no bad thing; mercury once in the air can enter the food chain and cause se-

rious defects in developing babies, is tainted somewhat by their continued avoidance of international CO2 treaties.

This avoidance has often been blamed on China’s behaviour and reluctance to agree upon any binding targets. Which whilst being the largest producer of CO2 emissions has a far lower emis-sions per capita and also leads the world’s renewable energy production. From the economic superpowers to the energy superpowers. Russia which is rich in coal, oil and gas has not in-vested greatly in renewable energy and refused to ratify the Energy Charter Treaties thus making it to some degree rather outside international law. Saudi Arabia the other energy superpower; having the world’s largest known oil re-serves, continues to invest in traditional fuels however there has been a recent shift. Renewable targets have been an-nounced, even the cynical view that this is an economic decision; by fuel-ling the nation by alternative means more oil will be free to export to the rapidly developing nations like India and China, it cannot be a bad thing.

Energy law as encompassing as it is has many local idiosyncrasies that need to be known and played to for any suc-cessful venture or law practitioner. These idiosyncrasies are compound-ed by the challenge to find sources of energy that produce less carbon emissions but do not cause other nui-sances, probably most extremely ex-emplified by the nuclear question. Even a seemingly innocent alternative like wind power has created much op-position. The enduring problem with one of the least polluting forms of en-ergy production is an aesthetic one.


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Many have preconceptions of Colombia; some well founded others not so. It is a nation that exists in constant contradic-tion and juxtaposition to itself. It has snow capped peaks, dense Amazonian rainforest and idyllic Caribbean beaches. It has a his-tory of violence from drug cartels, terrorists and paramilitaries, yet the population is often referred to as one of the most hospitable in South America. In comparison to its Eastern neighbour, Venezuela, its relations with the USA are that of best friends, yet this relation-ship has been criticised for caus-ing problems as much as it has helped solve them. How does the legal system, fit in to this tapes-

try and what affects has it had on this intriguing nation? The origins and structure of law will be exam-ined before cases of drugs and violence are explained to try to uncover what is really happening in the land of coffee and cocaine.

Colombia became the nation it is today in 1830 after ‘El Liberta-dor’; Simón Bolívar’s, grand vi-sion of a mega state, the union of Venezuela, Ecuador, Peru and Bolivia failed. His long crusade for freedom from the Spanish empire and the warring factions he needed to unite to accom-plish it led him to believe that the region would only ever be suc-cessfully governed by a strong

centralist government which re-quired a life time president, per-mitted to select his successor. A dictator in all but name? Rival politicians disliked this and he eventually died whilst fleeing into exile. Following this the United States constitution was decided to be a model that should be fol-lowed with its checks and bal-ances to ensure Colombia would never be ruled by a dictator.

The government takes the familiar form of a three branch separation of powers, Montesquieu strikes again, an executive comprising of the President who can only be re-elected once, the vice-pres-ident and ministers. The Leg-

Coffee and CocaineBy Ricky O’Brien

Donald Trump has objected to Vat-tenfall and Technip’s joint venture to build 11 turbines 1.2 miles off the coast from the billionaires nearly completed £750m Aberdeen golf resort. Citing USA examples and attempting to stroke Scotland’s national pride by stating that every project similarly proposed in his home country off of ‘magnificent coast-line - nothing compared to Scotland’ has been denied. He further stroked by saying that he was protecting the coun-try and feels his mother Mary McLeod, from Stornoway, would be proud. His ri-vals are those which believe there would be great economic benefit; new jobs and an influx of scientists, researchers, engineers, offshore wind supply chain companies. The Scottish government has declared that the planning permis-sion for the golf course was determined properly and so will the wind farms.

The farms are not just under attack for their aesthetics but also for their noise.

In a string of cases noise from wind turbines have been debated, concluded and appealed, due to the lack of clear legislation. ETSU-R-97 ‘The Assess-ment & Rating of Noise from Wind Farms’ the 1996 paper of the Noise

Working Group of the Energy and Technology Support Unit for the DTI and the endorsement by Planning Pol-icy 22 which endorses the guidelines has now become the framework to be followed despite stating on its preface that it is a subjective opinion of those that conducted the research. In Barnes v Secretary of State for Communities and Local Government [2010] EWHC 1742 (Admin), the Barnes’ were un-successful in their challenge that noise had not been properly considered in the application to build six turbines being built 100m from their homes however in Joseph Lee v Secretary for Communities and Local Government, Maldon District Council and npower Renewables [2011] EWHC 807 (Ad-min) it was deemed that noise was cor-rectly considered in the application for 10 turbines near residential properties. The lack of clarity has produced uncer-tainty leading to litigation at cost to all involved. As with many aspects of this area the government needs to be able to provide framework to meet the tar-gets as quickly as it is setting the targets.

Wind farms are very much on the agen-da so resistance may in the end be futile. A coalition of 24 governors from the

major US parties have petitioned the President to extend the Production Tax Credit (PTC) and Investment Tax Cred-it (ITC) for an additional seven years to ensure the continued growth in the sector. Europe too, with Ireland, Den-mark and Portugal who aim for wind energy to make up 52, 38 and 28 per-cent, respectively, of their energy pro-duction by 2020. Overall Europe hopes to see electricity produced by wind to rise from 5.5 to 15 percent by 2020.

Energy Law, that is what it is about; an evolving, complex, international area that affects global policy and what you see and hear at home. With a growing focus being placed on it, it looks to pro-duce many more bitterly fought cases and disputed legislation in the future.

For further reading sug-gested by the author please

visit dictumlawmagazine.com


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islature comprises of the Sena-do (Senate) and the Camara de Representantes (House of Rep-resentatives). The House has 166 members elected from districts with consideration to population and special allowances for ethnic groups, political minorities and Colombians abroad, as of 2010. Each Senator, originally totalling 100, represents the entire coun-try however admirably two more have been added to represent the indigenous population. The Judiciary is headed by four ap-proximately equal supreme or-gans. Corte Suprema de Justicia (The Supreme Court of Justice) 23 judges who hear appeals on errors of law in much the same way as the UK’s does. Its three chambers specialise in civil, criminal and labour yet it also has power over certain proceedings over high functionaries; admi-ralty matters and controversy be-tween government departments in relation to contracts. Consejo de Estado (The Council of the State) is the highest court of ad-ministrative law and is formed of 27 judges. The judges here will be selected for eight year terms by the peers from nominees of the Superior Judicial Council. Corte Constitutional (The Con-stitutional Court) is the defend-er of the Constitution, reviewing any laws passed to ensure it is valid, will enforce international treaties, even defend the rights of accused criminals and pro-tect public officials. Its 9 judges

are selected by the Senate from nominees of the President, the Supreme Court, and the Coun-cil of State for eight-year terms. Consejo Superior de la Judicatura (The Superior Judicial Council) polices the judiciary, resolving disputes between courts jurisdic-tion and also administering the civilian judiciary. Its 13 members are selected by the three afore-mentioned courts and congress from nominees of the executive.

The dissipation of judicial power between 72 judges with strict term limits exemplifies Colombia’s re-sistance to supreme power and a resistance to dictatorship which it has been relatively success-ful in achieving since independ-ence, with one arguable period of exception. Gustavo Rojas Pin-illa who managed to seize power by ousting the authoritarian yet, democratically elected tyrant; President Laureano Gómez, pro-ceeded to embezzle money and empower a secret police. United liberals and conservatives put an end to these years and sent him into exile. In comparison to other states in the region this is a rela-tive minor blip especially when the likes of Chile’s Pinochet and Argentina’s Peron are consid-ered. That does not mean there has not been corruption but what government is free from that?

There are four other noteworthy institutions. Fiscalia General de la Nacion (Office of the Prosecu-

tor General) who will prosecute crimes in which there is no re-quirement for a party to start them, always representing the citizen’s interests. Procuraduria General de la Nacion (Office of the Attor-ney General) is the personifica-tion of the defence of the con-stitution and its principles; rule of law, democratic principles and citizens rights, they will also bring action against public officials. Defensoria del Pueblo (Office of the Defender of the People) is tasked with specifically protecting human rights from the adminis-tration’s act or omissions. Con-traloria General de la Republica (Office of the Comptroller Gen-eral) audits the government’s ex-penditures and approves invest-ment with the power to request the Prosecutor General to bring action in the face of irregularities.

Laws are required to pass through seven stages; initiative, debate (by each chamber of Congress), voting, passing, sanction, enact-ment, and publication. Debate is enacted when the executive via the ministers, congress, the Su-preme Court, the Council of State, the Superior Judicial Council, the National Electoral Council, the Attorney General, the Comptroller General, the Prosecutor General, the Defender of the People, 15% of councillors or 5% of the vot-ing public request it. In the UK we have the opportunity to petition or lobby our MP’s to discuss mat-ters in the House of Commons and the e-petition system; if one receives a 100,000 signatures it ‘could be’ debated, therefore the Colombian constitutional obliga-tion is a lot more definite. Bills are then submitted to a chamber of Congress where specialists will debate and produce reports on them and then pass to the other chamber. The president can then review and request changes to it however if by vote the President’s objections are not accepted the bill will become law. The only way this would not happen is if the president claims it is a matter of


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unconstitutionality here the Con-stitutional Court will have to make the final decision. Laws are en-acted when they are published in Diario Oficial, the national execu-tive will also make an enforce-ment order. Constitutional re-forms are more difficult to pass as the constitution is somewhat en-trenched after various rounds of debate lasting at least two con-secutive terms it will be put to a public vote requiring at least 25% of registered voters to affirm it.

Colombia whilst closely follow-ing the USA in its constitutional make up follows a more Romanic system of legislation, similar to that found in France, a civil as opposed to common law sys-tem. Hence the law is codified and defined by those codes, precedent not playing great im-portance. With justification lower courts can ignore previous de-cisions from higher courts and precedent will only be referred to in those instances where legislation cannot be found.

Much of Colombia’s legal tumult has come from the internal wars that have plagued it not from its constitution or systems of law. The inescapable shadow of Pablo Emilio Escobar Gaviria has tainted Colombia and he is still unfortu-nately one of the most notorious Colombian’s, bar Shakira maybe. His decade long and powerful drug empire catapulted him to be listed as the seventh richest per-son by Forbes magazine in 1987, the second richest drug kingpin ever. With this wealth and power came attention and reaction. The USA who was the main consumer of Escobar’s illicit substance be-gan heavily funding the govern-

ment to tackle the problem and signed an extradition treaty al-lowing those involved to be tried on American soil. This was un-acceptable for Escobar and his Medellín Cartel who declared ‘total and absolute war’ against the government, its first act was the murder of Luis Carlos Galán Sarmiento with a car bomb. Ga-lán’s murder sparked a number of like bombs intended to cause fear and chaos including a passenger jet over Bogotá and in shopping malls on Mother’s 1990, direct assignations were successful against the many judicial figures obliged to wage this war includ-ing the Minister of Justice, the Supreme Court Justice and the Attorney General. It is estimated 3,500 died within this period, Es-cobar stating those that stood against him would die with their families. In 1991 a newly ap-proved Constitution rejected the extradition treaty making it illegal for Colombians to be extradited and soon after Escobar agreed to a reduced sentence for his surrender and incarceration in a prison of his own construction. These events have been criti-cised but it should not be forgot the contemporary events that led to them. With his ‘incarceration’ the violence decreased however Escobar’s enterprises did not and on the discovery of his ne-farious dealings the government planned to move him to another prison naturally Escobar was well aware of this and made a casual escape. He would be on the run for 17 months until US and Co-lombian secret services allegedly colluded with Escobar’s enemies to kill him in December 1993.

US involvement has never ceased in Colombia, after Escobar the war was focussed on the left-wing rebel groups, who were ac-cused of involvement in the drug trade, post 9/11 this ‘War on Drugs’ was reclassified as a ‘War on Terror’ and still rages today. The FARC and their insurgency; the longest in the world, are the

most prominent of the groups in operation. The Revolution-ary Armed Forces of Colombia – People’s Army (FARC-EP) were formed to resist the entrenched capitalism and bring about a so-cialist revolution, following the agrarian reform initiated in the 1960s to encourage large scale industrial farming, thus pushing out the small farmers after ‘La Violencia’ the decade long period of violence that lasted until 1958 when the political elite signed a pact guaranteeing them pow-er until 1974 on a shared basis. The USA, no friend of the FARC ideology, have attempted to de-feat them ever since. The FARC have been responsible for sev-eral atrocities and are ruthless in war; willing to indoctrinate child soldiers however it has also been claimed that they have used tax-ation of drug production from the areas they control for local build-ing projects to assist the non-combative community. Regard-less of the truth they have featured just as heavily as Escobar in Co-lombian law but for over 50 years.

With extradition now again per-mitted, one of the most recent has been that of several FARC members to the US including Ignacio Leal Garcia accused of masterminding cocaine produc-tion in the area near the border with Venezuela. The US has al-leged that the FARC produce half of the worlds and two thirds of its supply of cocaine. He is due to be sentenced on 17th Novem-ber 2011 after being convicted of conspiracy to import thou-sands of kilograms of cocaine into the US. He faces 10 years to life and no doubt the repeat-ed kidnap of US citizens by the group will play a part in the de-cision. In contrast has Gerardo Aguilar Ramirez or ‘Ceasar’, a leading FARC commander, man-aged to negotiate a pardon? He was sentenced to 27 years after his extradition but according to Wikileaks no longer exists on any Colombian or US court or penal


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records. It has been suggested that whilst embroiled in the war he struck a deal for his and his family’s freedom in France for the release of Ingrid Betancourt.

The FARC is a dirty word in po-lite Colombian society even if the government maybe willing to deal with them behind closed doors.

To be associated with them brings arrest and trial, there have been several high profile cases against public faces recently. Angelica Ramirez, a famous TV presenter, was arrested in November last year and will soon face trial for extortion, terrorism and transpor-tation of illegal arms in connec-tion with the FARC. She claims that she has been set up by her ex-husband who psychologi-cally and physically abused her however the police maintain that she was under surveillance for six months and the case will be based on those findings. Piedad Esneda Córdoba Ruiz has also undergone accusations of ties to the group first in 2008 when she was sup-posed to be one of the members of government who would control the nation if the FARC were to take power and recorded as such on a Secretariat member of the FARC, Raúl Reyes’, computer. A

fresh enquiry may be launched because of alleged sound clips found connecting her to the group. Córdoba has refuted these and her lawyer has brought an in-ternational complaint against ille-gal wiretapping by the DAS, Co-lombia’s security service agency.

Córdoba has claimed that each of these investigations have been strategically brought about to di-vert attention from the staunchly anti-FARC administration of Ál-varo Uribe Vélez, who served as president between 2002 and 2010. He has been accused of association with para-military groups who were created in re-sponse to the left-wing rebels for a variety of reasons, which range from protecting drug cartels pro-duction sites to carrying out what the Colombian army could not be seen to do. They evolved into their own powerful force and continue to have ties to the drug trade and the army. The AUC was one of the most formidable, supposedly disbanded after a peace settle-ment in 2007. Diego Murillo, aka Don Berna, Escobar’s successor in Medellín, joined the AUC who have been known, in cahoots with the military, to destroy entire guerrilla villages, murdering wom-en and children. He was extradit-ed to the US in 2007 and con-victed on drug charges where he claimed he funded Uribe’s presi-dential campaign in 2002. Cases were brought to several members of the government for links with these groups, the most prominent Uribe’s cousin; Mario Uribe Es-cobar, was arrested but released for lack of evidence. The case against him has recently been re-opened and will certainly be

of concern as many members of congress were imprisoned in the first round. This is great testament to the independence of the judi-ciary and those that staff it; they have twice brought action against those most powerful with prob-able links to dangerous killers.

Uribe has often won praise for his aggressive action against the FARC which did see them retreat deeper into the jun-gle and make the country safe for tourists and business.

Colombia has the world’s sec-ond greatest amount of IDP’s (internally displaced peo-ple) as a result of the govern-ment forces trying to reorgan-ise the left wing support base.

Uribe refused several attempts to negotiate with the FARC because he was not willing to discuss economic policy, 45% of Colom-bia live below the poverty line.

Despite Colombia’s problems and controversy’s it has turned a corner. No longer can you find the most dangerous in the world within it’s borders, tourism and in-vestment are both on the increase and Escobar’s stomping ground; Medellín, has new shopping cen-tres, skyscrapers and transport systems following the capital; Bogotá, in its attempt to become a great metropolis. With this in-vestment it can only be hoped that the social ills still clearly pre-sent will be addressed. The legal system has had many knocks and scares but looks to be in confident shape to defend justice in the years to come, well let’s hope so.

And now a few ques-tions answered by Cecilia Rosa Gonzalez Velez who is a judge in Colombia’s Circuit Criminal Courts.

What is your opinion of the legal system in Colombia?It’s a copy of the American pe-nal system, which was intro-duced in Colombia with some modification, the fact that the economic, social and politi-cal conditions of our country and the USA are very differ-ent prevents the system work-

ing well; it has many faults.

What has been the worst point in your career?The worst point, or the most difficult moments of my ca-reer were the violent deaths of several of my colleagues as a result of their actions in the attempted prosecution of

powerful criminals that the State was unable to neutralize.

What has been the best point of your career?Knowing my conscience is clear for attempting to prosecute them; I can hold my head high.


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In-House Firm

Magic Circle

route Non-qualifying

law degreeQualifying degree in English Law

Graduate Diploma in Law

1 year full-time2 years part-time

Solicitor route Barrister route

Legal Practice Course

1 year full-time16 month part-time

2 years part-time

Bar Professional Training Course1 year full-time2 years part-time

Training Contract 2 years including

Professional Skills course

Call to Bar

Admission as a Solicitor

Pupillage6 months non-practising and6 months practising

Further Qualifications (Optional)

LL.M Masters of Law DegreeJuris Doctor

C areerP athsessential informationTypes of Solicitors firmsAs a result of the size of the legal sector and its competitiveness there are a variety of law firms in operation today. This list is not exhaustive however it should hopefully provide you with a basic understanding of what type of firms are out there. At this stage it should be remem-bered that with good grades and greater determination the ‘dream’ placements are attainable.

DICTUM wIll CONTINUE ThE lEgal sECTOr CarEEr sEarCh IN OUr JaNUarY IssUE wITh a spECIal ON ThE BarrIsTEr rOUTE

City Firm

Medium-Sized Firm

National Firm

Niche Firm

High Street Firm

Important considerations when choosing: the Area of Practice; Location; Work envionment and Size.

Five of the largest law firms in the world; Allen & Ovary, Clif-ford Chance, Freshfields Bruckhaus Deringer, Linklaters and Slaughter & May, make up this most esteemed catego-ry. With some of the most sort after placements and remu-neration packages on the market working for a Magic Cir-cle firm is considered to be the pinnacle of the legal sector. Dealing mainly in the corporate and commercial world the work load is known to be extremely hectic and competitive.

Competition for a place in a city firm is fierce with many greatly attractive but in-demand places on offer, providing both in-credible opportunities and handsome remuneration packag-es, working for a city firm is sure to begin a rewarding career.

Working in a mix of commercial and general practice areas, with a well-developed network of offices in various regions in the UK along with overseas partners, the advantage of working for a national firm is receiving a good remu-neration package as well as a good work-life balance.

Possessing a large and interesting range of clients me-dium-sized firms will provide you with an excellent range of commercial practice working for both private clients and regional companies. International work is limited.

Usually a small office operation, local firms work in a wide va-riety of sectors including; family, criminal, private client and taxation. Local firms are a great place to gain experience.

A great place to find work placements as being a member of an in-house team offers a different chal-lenge to that of your conventional law firm. In-house solicitors generally focus on the specific interests of a company which allows a more conventional quality of work-life along with the prospect of highs incomes.

A Niche firm is a Specialist firm, operating in only a single or a few selected areas such as Sports, Media, Information Technology or Telecommuni-cations. Niche firms provide a great opportunity for those interested in a specific area of the law.


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You may have just finished your higher education or are about to complete graduation, you may even have completed your masters. Naturally you will be looking at vacancies that suit you or that you were hoping to get yourself into after completing studies.

The problem lies not in what you have gained from your respective institution but it lies in the employ-ment market of whatever place you are settled in. There isn’t really any point in trying to blame anyone, such as the government in power or top of the list “Bankers” for this – it’s a waste of time.Instead you can actually look beyond the local employability and search for other states. You can search something within the European Union or even perhaps somewhere in Asia, the Middle East or the Americas.

My reason for saying this is simple, too many times I have came across graduates that suffer from the job markets position and stick to working at a bare minimum wage because the only place they could find vacant was either at a retail outlet or perhaps a restaurant or a fuel station.

Understandably a frustrating situ-ation for anyone that has invested precious time and money only to see themselves in a position they could have been in with or without a qualification. Competition is fierce in an economy where some of the best students in the world gain honours at university level and then decide to serve at top class corporations in this very country. Fact of the matter is there is a high supply of intelligent personnel in comparison to the requirement of

well-established organizations.

Educational achievements from the UK are recognised worldwide and

with a little extra effort in re-searching your options globally it could just pay off. Not only are you increasing your chances of getting a decent position but you will also edify yourself about other parts of the world, you will see places, learn a foreign language, learn about interesting cultures, and the list goes on.

You have the ability to achieve an-ything you want in life, the world is your oyster - finding work abroad and living within other cultures is the best way of exploiting it.

Of course you will ask yourself a number of questions about moving abroad and how this idea would affect you.

Things to consider about reloca-tion abroad • Howwouldamoveaffectyour long-term career aspirations? Is now a good time to relocate or should you wait until you become more established within your field?• Haveyouconsideredtheviews of others close to you? You will be away from your family and friends for a prolonged period.• Language-Itispossiblethat English will not be the primary language of the country you are moving to. Do you know enough to get by?• Willyourwagebepaidintoan account in the UK or will you have to open an account in your country of residence?• Willyouenjoylivingwithinthe culture of the country you are

moving to? Such things as dietary habits, climate, housing, media, and local customs will all be differ-ent from what you are used to.• Wouldyourequireaworkvisa/permit in the country of your choice?

You can find work abroad over the internet – the cheapest option. If you can afford it, try and travel to a place where you would want to live and work, take CV’s with you and speak to locals or expatriates of your own country and get tips from them.

Try looking for work in an expa-triate foreign company. There a language barrier will not be such a problem, if one exists in the coun-try you want to work in.

A good idea would be to tailor your CV to different countries. Employers in different countries essentially all look for the same qualities in their applicants, how-ever a country may have their own unique conventions when it comes to CV writing. There will always be help available if you look for it.

My advice would be to not only focus on the place you are cur-rently situated but look further. It might be just as hard to find a place in a new country but at least the probability of starting a good job is higher. If you have specific skills that are in short supply within your target country you are imme-diately in a strong position.

Starting a life elsewhere is daunt-ing but definitely worth pursuing because as Albert Einstein said “The most incomprehensible thing about the world is that it is compre-hensible.”

Is restricting yourself to a local market really wise?

by Fazl Buchari - 3rd year LL.B


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GettinG the first job is prob-ably the most difficult.

Choosing the right line is very important. One should select a path that comes naturally to them rather than what peers are do-ing. Law. Consultancy and bank-ing are not the only fields in the world. One should keep an open mind. Once one starts a job it becomes difficult to change as one gets comforta-ble in the day to day routine.

Do not be afraid if you are con-fused. It is natural. If at 20 you know exactly what you want to do your entire life, you are either delusional or a fool.

The purpose of internships has been lost these days as people try to use internships to earn mon-ey. Internships are very helpful in deciding whether a particular field is good for one. Intern-ship conversions at the end are morale boosting but one should not take them as life defining or that one is not meant for that field. There are a variety of reasons why an internship may not lead to a full time offer. More than 50% of those reasons have nothing to do with the candidate.

Many companies hold seminars for potential candidates where they describe their business and fu-ture plans and give people a chance to interact with their members. These seminars are very informative and one should try and attend as many as possible. It tells a lot about the company which is very helpful during in-terviews. Sometimes speaking to someone in the company on the spot may also lead to a direct interview call. It also gives one an understanding about the work environment of a place and wheth-

er it suits the candidate. Not to mention they have good food.

Career fairs are also an impor-tant forum as they give a chance to meet multiple employers at the same time. One should always carry their CVs to such seminars.

CV and cover letters are very im-portant when applying for jobs. CV is the first tool that one has to make their case to an employ-er. The fact that one cannot be there in person to explain what they want to say means the CV has to be written in such a way that it delivers the message clearly.

A number of times one finds that good candidates do not get in-terview calls. One may have done a number of good things and achieved a lot but if it is not presented properly the em-ployer will never know. It may be uncomfortable to write about one’s laurels but one has to.

It may be hard to accept but pres-entation is very important for a CV. An employer may receive more than 30 – 40 CVs for one posi-tion. He has to go through them over and above his/her normal du-ties. Thus they are going to spend minimum amount of time reading them. A CV barely gets a minute worth of scanning, thus it is es-sential that one writes a concise CV and highlights the most impor-tant things so that they stand out and catch the reader’s eye.

In most big companies the CVs are first screened by people who are not directly related to the business. They are just look-ing for certain words that they have been asked to look for by the employer. One should write a CV keeping this in mind and not include very technical words.

Cover letters are also very im-portant as they give one a chance to present themselves in words rather than bullet points. It is a good idea to do research about the company that you are applying to and include a bit of this in the cover to show that you have taken the extra effort. There are hundreds of similar institutions in the city, so why this par-ticular employer suits you the most? – a couple of lines in the cover letter about this can go a long way. This is where attend-ing company seminars can be very helpful. A visit to the company website is not a bad idea either.

Enrolling oneself on professional websites like LinkedIn and efi-nancialcareers is quite helpful. They are a good forum to get intro-duced to potential employers. Ap-proaching alumni through LinkedIn is quite common and often helps.

All the above are concerned with immediate job search but one must not forget further educa-tion. The above research may lead one to recognize that they need to gain further expertise in the area they are interested in to get a position in the institu-tion that they want. It is not a bad idea to spend a few more years at the university gaining the extra expertise. One should not feel that they are losing important working years. A post graduation may lead one to start at a higher position than if one starts immediately after first degree. Moreover later in the career having a post graduation degree has a lot of advantages for reaching senior positions.

These points have helped me in my profession, I’m sure you can gain from them too.

“Your tools for the right track”By Chetak GandhiMSc. Mathematical and Computational Finance, University of Oxford


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The question in the case arises in the context of whether individuals are ‘workers’ within the meaning of the National Minimum Wage Regula-tion 1999(NMWR) and of the Work-ing Time Regulations 1998(WTR).Autoclenz were into the car clean-ing services and the respondents (claimants) are twenty individual valeters who all worked for Au-toclenz as car valeters. All twenty autographed similar contractual documents under which they were deemed to be self employed and were taxed on such basis. A new contract signed in 2007 contained some debatable “no obligation”

clauses and claimants brought an action before the employment tri-bunal seeking declaration that they were workers as defined under the WTR & NMWR, consequently en-titling them to holiday pay and to be paid in accordance with NMWR.The employment tribunal held that the contractual terms did not re-flect the true agreement between the parties and could be disre-garded. Autoclenz then appealed to the employment appeals tribu-nal, which held that the claimants were not employees under limb (a)

but were workers under limb (b) of the definition in the Regulation. A further appeal to the Court of Ap-peal by both parties restored the decision of the employment tribu-nal and Autoclenz subsequently appealed to the Supreme Court.The appeal was unanimously dis-missed on the basis that the em-ployment tribunal had been right to find the claimants were workers within the meaning of the NMWR and WTR citing that the question in every case is what the true agree-ment between the parties are; with a mandate to discover the actual legal obligations of the parties.

An international cartel in which numerous Eu-ropean and Japanese undertakings divided the world wide gas in-sulated switchgear(GIS) amongst themselves for a period spanning six-teen years beginning in April 1988 were result-antly penalised by way of fines by both the Czech and European Commis-sion, with the former initiating proceedings after the latter and also adopting its decisions after the commissions.It was then presented whether the cartel were justly fined by the Czech authorities, having regard to the general principle of law which now enjoys a fundamental right of the EU under Article 50 of the Charter of Fundamental Rights, which provides that no one may be pros-ecuted twice in criminal proceedings for an of-fence that a punishment

has already been served (ne bis in idem.) Toshiba and several members of the cartel contested that it had been the case and brought actions against the Czech competition authority’s decision ar-guing that the separate fine imposed by the Czech authority had in-fringed on the principle.A question from the na-tional court was then put to the Court of Justice whether the principle precludes the applica-tion of national compe-tition law by a national competition authority in such a case. Advocate General Kokott presid-ing concluded that the Czech competition au-thority had not infringed the principle (ne bis in idem) on the reasoning that the commission’s decision and that of the competition author-ity do not relate or share the same material facts.

G, a British national was convicted of raping a twelve year old in July 2005. At the time of the offence, G was 15 years old. He appealed against his conviction and sen-tencing to the Court of Appeal, petitioning amongst other things; of a violation of his rights un-der Article 6(i) & (ii) (right to a fair trial including the presumption of inno-cence) of the ECHR and of a violation of Article 8 ( right to respect for fam-ily life) of the convention.G’s appeal to both the Court of Appeal and the House of Lords (now Su-preme Court) were simul-taneously dismissed and refused on 18 June 2008. An application was then made to the ECHR where he filed that his convic-tion for rape of a child under section 5 of the

Sexual Offences Act 2003 was incompatible with the presumption of in-nocence protected by Art 6(i) & (ii). He also com-plained that the prosecu-tion and conviction for the offence was dispro-portionate and violates principle enshrined in Article 8 given his age.The court held it was not its role under Article 6 (i) &(ii) to dictate the content of the United Kingdom’s criminal law and that Par-liament’s decision not to make available a defence based on a reasonable belief that the complain-ant was aged 13 or over, could give rise to any is-sue under Article 6 (i) & (ii). It was also held that G’s complaint under Ar-ticle 8 was manifestly ill-founded and ruled both grounds inadmissible.

autoclenz liMiteD (appellant) v BelcheR & otheRs (ResponDents) [2011] uKsc 41

aDvocate geneRal’s opinion in case c-17/10: toshiBa coRpoRation & otheRs

g v the uniteD KingDoM [echR] 136


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By definition it is an opportunity at-tained by an individual to mark the success of continuous education and hard-work. For some, it also means progressing in a field of work they have stuck to since the age of sixteen and contin-ue to develop as a life choice, with benefits and rewards. How-ever, to some the easy – and most obvious - route to attain a ca-reer is by complet-ing a degree, almost everyone thinks this.

Not exactly true. Hav-ing a degree is ben-eficial by all means it makes you stand out from the crowd when you are seeking the career of your choice, but do not believe at the end of three years of studying that a ca-reer will miraculously pop up for you, it is up to you to work for it and to go and get it whilst continuing to study - multitask!!!

The options of the type of careers available whilst having a de-gree is listless, it is a rather daunting pros-pect of having to go through it all without having clear direction about where you want to go after you fin-ish your degree. This is why a firm under-

standing of what your degree offers at the end of three years is crucial. Never fear, as there is always a bright - or depending on how low you feel a dim - light at the end of the tunnel. Remem-ber, without sound-ing elitist, a strong candidate is one who has a degree and any degree is still an op-tion for a good career.

For example, a degree in English Literature

can seem limited when you consider what it can offer outside of the academic world – these being either you become either a school teacher or a lecturer (if you pursue your MA). No, do not be fooled! Entering the Education Sector is the most recognised career development programme available and ones which most career advisors would inform you about -

there are others, you have to recognise the skills you have learnt from your degree.A degree in English Literature shows that you have research skills, understand-ing of critical theories and complex ideas. As a result, you develop a clear ability to ex-press yourself in your written work by pro-jecting your commu-nication skills. This is how you own your work and consequent-

ly this works in your favour. English Lit-erature students can start aiming for their career whilst studying, they may choose to get involved in writing for the student paper, from the experience gained the student may choose to pursue a career in Journal-ism. What helps them is the fact that they have participated in that field of work be-fore they make the

career choice, by do-ing so, they gather a better idea whether that career is ideal for them and wheth-er they are good at what they do and if the benefit of seeing their published work is one which motivates them to take it further. Ask yourself, do you enjoy what you do and can you imagine a career?

The key idea here is to gain experience and not to just sit there and complete your degree, be produc-tive at all times, do something with what you are learning and do not wait till at the end of three years to

actually start us-ing your skills!!! All of it counts towards making you stand out like gold dust on your CV and for pro-spective employers they like the idea that a candidate who has dabbled in gen-eral roles relating to their career choice.

By employing you, they are giving you the opportunity to demonstrate to them all your skills and experiences ob-tained, show them you can do this, you are en route to being a success.

Careers explained...by Leena Lais BA HON ENglIsh lITEraTUrE


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Living a life of a student for almost a quar-ter of a century I was nervous to step into the world of full time employment. Nervous be-cause in my mind the time was nearing when I would need to apply all my knowledge gained throughout these years to the real word.

I chose mathematics at school simply because I was quick at solving problems hence, could have more time for sports. I got into college as I had good grades under my belt, not that I worked hard for them but because I was naturally good with numbers. I opted to do my major in electronics as I thought that it will take a while for this world to replace electricity with something else, (not sure even if that is possible now!) so I had some kind of sense behind my decision, which in hon-esty wasn’t a bad one!. Enjoying the student life without having to think about supporting myself in the real sense of the word, I took it a little fur-ther and came all the way to London from Pa-kistan to do my MSc in Engineering with Busi-ness Management at King’s College London. This involved living completely on my own, working part time to support myself, bear the guilt that my parents have to pay a huge sum of money for my fees as an international student, so the pres-sure was on. Now, if you are still reading this, then you may be interested to know the reason behind this rather big decision. Well, simply put, I al-ways knew that one day I needed to stand on my own, so I took it as a step towards independence.

Having done well at King’s and proving that I can live on my own, I thought that was it, I have made the transformation into manhood but I was a little early in my claim. My nervousness men-tioned before had a valid reason for its existence. Working for an Automotive giant in a highly corporate environment was different compared to university and even the internships. The academic concepts and degrees were enough to get me in but not enough to make me stay. I had mixed feelings;

sometimes that I knew too much and sometimes that I knew very little. I wasn’t able to strike the right cord and it was starting to get to me. I was attending three meetings a day on average and not contributing much. I had to find a way to crack this and so I did. By hanging in there I soon re-alized that the key is to stay aware and by aware I mean: being a good listener, putting your point across, not jump to conclusions and have the cor-porate goal in mind. In my experience so far, deci-sion making at work is crucial, so it is very impor-tant that we make an informed one. For instance, an engineering solution to the problem might ap-pear simple and straightforward but there may be inputs coming from other departments such as marketing, sales, finance, health & safety and HR etc that may suggest that your decision is notthe best one. It is at this point where you need to be patient and work alongside other de-partments to reach for the optimal solution.

Your social skills are as important as your aca-demic ones. The fact is that you influence oth-ers and vice versa. In order to achieve common goals you need to play as a team, be patient and always maintain your focus. The transition pe-riod between a student life and a professional one may be smooth for many, but if it is not for you then hang in there, success isn’t that far.

Through the eyes of a Post-Graduate engineer

By Asaad Qureshi


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After numerous attempts by the gov-ernment and major law firms to increase and improve social mobility and diversity within the legal industry, a new model introduced by Acculaw Partners Limited may go some way to responding to long standing concerns. The Solicitors Regulation Authority has ap-proved Acculaw as a training establishment and therefore authorised it to offer training contracts as their proposed model is capa-ble of satisfying all existing regulatory re-quirements in relation to training. Acculaw offers law graduates an alternative route to enter the legal profession in the UK whilst still following the training contract route.

The new Acculaw Trainee Model is de-signed to redefine the traditional training scheme without replacing it; it is developed to make recruitment and company resource management more efficient and equally beneficial for both outstanding law gradu-ates from postgraduate law schools hav-ing difficulties passing the initial interview stage and commercially minded law firms.

The newly established company is based in the City of London and just within walk-ing distance of London Met’s City Cam-pus; it is founded and set up by former Ho-gan Lovells International LLP Trainee and Practitioner Susan Cooper who has recently completed an Executive MBA with Dis-

tinction and who is aiming to provide fu-ture Acculaw trainees with “a truly unique training contract” by letting them work “for more than one firm throughout [the] training contract” as well as offering them a “fresh approach to trainee management”.

Its advisory board consists exclusively of highly respected professionals acting in the legal industry. The Acculaw team hopes to ef-fectively advise and recruit Acculaw future trainees on behalf of its clients, specifically, leading law firms and in-house legal depart-

ments. Although Acculaw will look at the same criteria as set out by its clients, the team will work hard to determine whether you are the right person for their clients by taking the time to look at all the circumstances, perhaps the reason why you were unable to secure a training contract and by taking into account your “skills, attitude and determination”. The application process includes the sub-mission of an online application form, your CV, a Cover Letter and a state-ment explaining why they would want to offer you a training contract.

Revolutionary Trainee Model introduced to allow Fair Access into the Legal Profession

By Jasmin Atrafshan, LL.M Student of International & Comparative

Commercial Law - SOAS University


careers

37

Once an applicant has been offered a train-ing contract, Acculaw will second the trainee out to its clients for minimum periods of three months. During secondments trainees will be treated in the same way as if they were train-ees of that firm receiving the same level of su-pervision and training. This Model is unique as it allows its trainees to identify what type of firm they would like to work in later on in contrast to the traditional trainee scheme giving one no opportunity for a comparator check. The company ensures that each Ac-culaw trainee will qualify as a solicitor within 24 - 30 months from the start of their train-ing contract. Trainees will receive an annual salary of £20,000; a salary which is paid by Acculaw rather than the company or firm where the trainee is seconded to. Alongside the opportunity of working for established City Law Firms, Acculaw trainees will also benefit from networking with other Acculaw trainees who will go on to qualify at a variety of different firms unlike the current model where trainees tend to get to know other trainees who will qualify into the same firm.

The new model has been applauded by many other lawyers and experts in the legal field, including Ed Turner, Managing Partner at Taylor Vinters and Kim Archer, Chief Ex-ecutive at Peters & Peters Solicitors LLP. Tony Angel, Ex-FMP Linklaters and CEO Vintage Diagnostics Ltd. also welcomed the initiative by saying it is “[a]n innova-tive approach to solving the challenges law firms face in recruiting appropriate num-bers of trainees and managing their cost”.

Acculaw helps law firms and in-house le-gal departments with “reducing costs”, “im-proving efficiency”, “improving resource management” and an “alternative to legal process outsourcing” by cutting “upfront costs for law firms”, such as graduate re-cruitment, marketing activities and Le-gal Practice Course sponsorship Olswang LLP having already announced they will be running a pilot of the model with Ac-culaw. Further firms are likely to follow.

More inforMation about the new scheMe is available on www.acculaw.co.uk.


procrastination

38

1. 2. 3.

4.

5.

6. 7.

8. 9.

10. 11.

12.

13.

14.

October 18, 1945 - The Nuremberg War Crimes Trial began with indict-ments against 24 former Nazi leaders including Hermann Göring and Albert Speer. The trial lasted 10 months, with delivery of the judgment completed on October 1, 1946. Twelve Nazis were sentenced to death by hanging, three to life imprisonment, four to lesser prison terms, and three were acquitted.

October 24, 1922 - The Irish Parliament voted to adopt a constitution for an Irish Free State, which formally came into existence in December 1922.

October 24, 2011 - Marks the 66th anniversary of the signing of the United Nations Charter by 50 member states. Also known as United nations day.

October 3, 1995 - OJ Simpson was found not guilty of the murders of his ex-wife Nicole and her friend Ronald Goldman.

Q: What’s the difference between a good lawyer and a bad lawyer?A: A bad lawyer can let a case drag out for several years. A good lawyer can make it last even longer.

Q: How many lawyers does it take to change a light bulb?

A: Six. One to change the bulb and five to write the environmen-

tal impact statement.

2.s.32 of the Trustee Act 1925 grants this power3.An act punishable by law5.A 1985 agreement that eliminates border controls7.Type of proprietary interest which can bind third parties with-out registration8.What follows the law10.A _____ intervening act 11.The house of commons, house of lords and the _____ creates law

5 37 9 2

15 9

6 31 4

93 4

7 1leve

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lt

3 2 89 5 7 14 9

2 9 32 5 1

1 3 87 5

5 8 9 73 4 8le

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LEGAL CROSSWORD

SUDOKU

A c r o s s

D o w n

1.Runnymede was the location4. Something intended to deceive6. A promise under a deed9. A great advocate for utilitarianism who resides at Uni-versity College Lon-don12. The Constitution-al Reform Act 2005 set up which institu-tion13. Not guilty14. The International court set up in 1959 sits where

dictum welcomes reader comments, tips and corrections. E-mail us at [email protected]

OCTOBER IN LAW IMPORTANT QUESTIONS


books

39

The views and opinions expressed within Dictum are those of the authors and do not necessarily reflect the views of the LGIR faculty or by London Metropolitan University. Whilst every care has been taken in the creation of this publication, the publishers cannot accept any responsibility for any inaccuracies arising from this publication or for any consequential loss arising from such inaccuracies.

No part of this publication may be reproduced or altered by any means without the prior consent of Dictum. This is subject to the exception of photocopying by careers adviser or lecturer. All copies either full or partial must be fully acknowledged.dic

tum

.LL.B core books

YR.2

Equity And trustsEquity and Trusts,. Hudson, A. (2009), 6th Ed.David Burton

LAw of torts i And iiTort,. Giliker, P., Beckwith, S. (2011), 4th Ed.David Burton

CriminAL LAw i And iiComplete Criminal Law: Text, Cases and Materials,. Loveless, J. (2010) 2nd Ed.David Burton

“First appearances may give a daunting impression due to the size and relatively complex structure however perseverance will provide the reader with an impressive in-depth knowledge of the subject matter. This textbook comes with companion online resources in-cluding podcasts provided by the author.”

BEst priCE found – £26.90 @ www.AmAzon.co.uk

for more book reviews please visit us online

YR.1

YR.3

“Simply a great book, containing all you need for both criminal law modules making it even greater value for money. A very easy and compelling read.“



“Extremely well written and perfect for Tort I containing both basic and detailed information. In regards to Tort II however the textbook is lacking in detail in some areas, although saying that if you only intend to purchase one Tort textbook then look no further“


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