The Specialist AdvocateProgramme

Saturday 1 July 2017Charles Russell Speechlys, London

3.5 CPD

@YoungBarristers#TheSpecialistAdvocate

YOUNG BARRISTERS’ COMMITTEE

In partnership with

Welcome to ‘The Specialist Advocate’. This workshop was a brand new initiative for the Young Barristers’ Committee in 2016, and I am delighted that it is “back by popular demand” this year.

From my limited experience, it seems to me that there are two defining characteristics of a barrister: specialism and advocacy. During the BPTC, pupillage and the first three years’ of practice much of the focus of training is on the latter with little emphasis on the former. Thereafter most CPD events are focused on the former, namely specialist areas of law or procedure, with little time dedicated to the skill of advocacy.

This neglects the fact that our most important specialism is advocacy itself, and that good advocacy depends on context, a context which is always different and constantly evolving. Hence, “The Specialist Advocate” workshop which is focused on developing one’s skills as an advocate in a specialist context.

Also included this year are a number of sessions on practice development. Many barristers, while excellent at putting forward their client’s case, are far less confident at advocating on their own behalves, whether that be in developing an international practice, applying for Silk or judicial appointments, or promoting wellbeing within the profession. I hope the sessions on these topics will be as useful as the substantive advocacy sessions.

I would like to thank our sponsors, who have made sure that this is one of the best value CPD events in the calendar. I would also like to thank all of our speakers who have given up their time to impart their wisdom, in particular our keynote speaker Sir Brian Leveson. Finally, my thanks go out to you also for attending and contributing.

Duncan McCombeChair of the Young Barristers’ Committee

Chair’s welcome

3

Registration

Welcome messageShabana Saleem, Charles Russell Speechlys

Opening remarksDuncan McCombe, Chair of Young Barristers’ Committee; Maitland Chambers

Opening KeynoteSir Brian Leveson, President of the Queen’s Bench Division

Advocacy sessions (please see page 13 for details):

Managing dishonest witnesses in civil proceedingsGerard McDermott QC, Outer Temple ChambersPaul Stanley QC, Essex Court Chambers

Expert witnesses’ do’s and don’ts in criminal proceedingsFrancis FitzGibbon QC, Chair of the Criminal Bar Association; Doughty Street ChambersAmanda Pinto QC, Chair of the Bar Council’s International Committee; 33 Chancery LaneHerika Patel MSc BSc (Hons), Senior Reporting Officer, Forensics and Security Division, LGC Group

Questioning vulnerable witnesses and related matters in family proceedingsCyrus Larizadeh QC, 4 Paper Buildings

Non-traditional forms of advocacy in ADR, Tribunals and Administrative proceedingsShelley Brownlee, Counsel, Nursing and Midwifery CouncilSaima Hanif, 39 Essex ChambersLouisa Nye, 5 Stone Buildings

Networking break

13:30 - 14:00

14:00 - 14:458th floor

14:45 - 15:45

8th floor

7th floor

7th floor

7th floor

15:45 - 16:00

Agenda

4

Practice development sessions (please see page 15 for details):

Developing an international practiceChair: Amanda Pinto QC, Chair of the Bar Council’s International Committee; 33 Chancery LanePanellists: Sarah Anticoni, Charles Russell Speechlys Alex Haines, Bretton Woods Law Frederico Singarajah, Hardwicke

What you can do now to improve your Judicial or SilkapplicationMartin Forde QC, Judicial Appointments CommissionChristopher Heather QC, Tanfield ChambersRussell Wallman, Queen’s Counsel Appointments

Wellbeing and practice managementRobyn Bradey, College of Law’s Wellness ForumRachel Spearing, Chair of the Bar Council’s Wellbeing at the Bar Working Group; Pump Court Chambers

Plenary session:

Everything you wanted to know about advocacy but were too afraid to askModerator: Duncan McCombe, Chair of Young Barristers’ Committee; Maitland ChambersPanellists: The Hon. Mrs Justice Andrews DBE Mr Registrar Briggs The Hon. Mr Justice Foskett Deputy Senior District Judge Ikram His Honour Judge Hilliard QC

Closing remarksAndrew Walker QC, Chair-Elect of the Bar; Maitland Chambers

Networking drinks reception

16:00 - 17:00

8th floor

7th floor

7th floor

17:00 - 17:458th floor

17:45 - 18:008th floor

18:00 - 19:30

Agenda

5

Sir Brian Leveson

Sir Brian Leveson was Called to the Bar by Middle Temple in 1970. He practised on the Northern Circuit from chambers in Liverpool, across the full range of common law, crime, personal injury and commercial work. He was appointed Queen’s Counsel in 1986, and was a Recorder and a Deputy High Court Judge. He was appointed a Judge of the High Court, Queen’s Bench Division, in 2000, and served as a Presiding Judge of the Northern Circuit. In 2005 he was appointed to the new position of Deputy Senior Presiding Judge and in 2006, following his appointment as a Lord Justice of Appeal, he became Senior Presiding Judge for England and Wales. In 2009, he was appointed Chairman of the Sentencing Council. In July 2011, he was appointed by the Prime Minister as chairman of the public inquiry investigating the culture, practices and ethics of the press and its relationship with the public, the police and politicians: his report was published in November 2012. He is an honorary fellow of Merton College, Oxford, is the Chancellor of Liverpool John Moores University and has received an honorary LL.D. from the University of Liverpool.

Keynote speaker

7

The Hon. Mrs Justice Andrews DBE

Dame Geraldine Andrews studied Law at King’s College London and was Called to the Bar by Gray’s Inn in 1981. She started practice from a leading set of commercial chambers in 1983 on completion of pupillage. Her practice at the commercial bar was based on the key areas of shipping, reinsurance and international trade but evolved to include banking, finance and company disputes and other matters with a chancery flavour.

She was appointed as a Recorder on the Midland Circuit and QC in 2001 and became a Deputy High Court Judge in 2005. She was appointed as a High Court Judge in 2013. She is the co-author of The Law of Guarantees (7th edn 2015) and has contributed to a book on international arbitration in Singapore.

Mr Registrar Briggs

Nicholas Briggs was Called to the Bar by Lincoln’s Inn in 1994. He practiced as a barrister specialising in the field of insolvency and company law. He was appointed to the attorney-general’s panel in 1999 and became a Deputy Bankruptcy Registrar in 2007. In 2008, he was a guest lecturer at the University of Bristol and became a partner in a law firm in 2010, acting as Head of Insolvency Litigation.

He returned to the Bar in 2012 and was appointed a Bankruptcy Registrar in 2015. He is the general editor of Tolley’s Insolvency Law and Insolvency Legislation Annotations and Commentary. He is also the consultant editor of the Bankruptcy and Personal Insolvency Law Reports, a co-author of Modern Law of Meetings (2013) and a contributor to Gore-Browne on Companies (online).

Panellists

8

The Hon. Mr Justice Foskett

Mr Justice Foskett is a Judge of the High Court of England and Wales who sits in the Queen’s Bench Division. He is Judge in charge of the QB Civil List. He was Called to the Bar by Gray’s Inn in 1972 and became a Bencher there in 1999. He was made a QC in 1991, sat as a Recorder from 1995-2007 and as a Deputy Judge of the High Court from 1998-2007. He was made a Judge of the High Court in 2007. Mr Justice Foskett is also the principal author of the leading text on the law and practice of compromise.

Deputy Senior District Judge Ikram

Deputy Senior District Judge Tan Ikram graduated from Wolverhampton Polytechnic, was Called to the Bar in 1990 and admitted as a solicitor-advocate in 1993. He was appointed a Deputy District Judge (Magistrates’ Court) in 2003, District Judge (Magistrates’ Court) in 2009, and is ‘ticketed’ to hear extradition and terrorism cases. In 2015, he was appointed an Associate Judge on the Sovereign Base Areas in Cyprus. In 2017, he was appointed to be Deputy Senior District Judge (Chief Magistrate).

Additionally, he is the Deputy Lead Diversity and Community Relations Judge. He is a contributing editor of Archbold Magistrates’ Court Criminal Practice.

Panellists

His Honour Judge Hilliard QC

His Honour Judge Hilliard QC is the Recorder of London, the most senior judge at the Old Bailey. He was Called to the Bar in 1981 and was appointed as a Bencher of the Middle Temple in 2003. He was Treasury Counsel at the Central Criminal Court from 1995 to 2008, and was appointed Senior Treasury Counsel and Recorder of the Crown Court in 2001. HHJ Hilliard QC was Chairman of the Criminal Bar Association from 2005 to 2006 and was appointed Queen’s Counsel in 2008.

9

YOUTH JUSTICE ADVOCACY

The Inns of Court College of Advocacy comprises barristers, judges and

others drawn from the Inns, the Circuits, the Bar Council of England and

Wales, Specialist Bar Associations and other representative organisations.

Our main functions are to provide leadership, guidance and coordination in

relation to the pursuit of excellence in advocacy.

In collaboration with BSB, CBA, Just for Kids Law and the Youth Justice

Legal Centre; ICCA has created a suite of valuable resources for

practitioners preparing for youth justice cases. These comprise a video clip

and five guides, to download them free of charge, visit:

icca.ac.uk/youth-justice-advocacy

© 2017 - The Council of the Inns of Court

YOUTH JUSTICE ADVOCACY

The Inns of Court College of Advocacy comprises barristers, judges and

others drawn from the Inns, the Circuits, the Bar Council of England and

Wales, Specialist Bar Associations and other representative organisations.

Our main functions are to provide leadership, guidance and coordination in

relation to the pursuit of excellence in advocacy.

In collaboration with BSB, CBA, Just for Kids Law and the Youth Justice

Legal Centre; ICCA has created a suite of valuable resources for

practitioners preparing for youth justice cases. These comprise a video clip

and five guides, to download them free of charge, visit:

icca.ac.uk/youth-justice-advocacy

© 2017 - The Council of the Inns of Court

Duncan McCombe

Duncan was Called by Lincoln’s Inn in 2012 and practices at Maitland Chambers, a Commercial Chancery set in London. He appears regularly in his own right in the County Court and in the High Court. In addition, he has been led on a number of larger matters, particularly in the areas of Commercial Law and Civil Fraud.

Andrew Walker QC

Andrew Walker QC, of Maitland Chambers, was Called to the Bar in 1991 and took silk in 2011. His professional practice is focused on property, company and commercial disputes and professional negligence claims in a wide range of business sectors. He was a directly-elected member of the Bar Council for 12 years, and before his election as Vice-Chair of the Bar, he was Chair of the Ethics Committee and Vice-Chair of the Law Reform Committee. Andrew is a Bencher of Lincoln’s Inn, and was awarded the Bar Pro Bono Award in 2009 for some of his work with the homelessness charity, Shelter.

Opening remarks

11

Closing remarks

Practice development sessions

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Registered to carry on audit work in the UK and Ireland. Regulated for a range of investment businessactivities by the Institute of Chartered Accountants in England & Wales.

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Hove: 01273 775814Curtis House 34 Third Avenue Hove BN3 2PD

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Join us onTwitter

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We can help with your accounting and tax affairs,budgeting for tax, and planning for your future.

We use the latest technology so that you can savetime and focus on your career.

Take control of yourfinances and tax

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Managing dishonest witnesses in civil proceedings14:45 - 15:45, Main conference room, 8th floor

Fraud is a tricky topic, even for seasoned practitioners. In this session, attendees will have an unparalleled opportunity to learn about pleadings, proof, cross-examination and witness handling where fraud is in issue, as well as how to defend allegations of fraud. The session will be delivered by highly experienced and well-regarded practitioners, Gerard McDermott QC and Paul Stanley QC.

Questioning vulnerable witnesses and related matters in family proceedings14:45 - 15:45, Rooms 705 and 706, 7th floor

Attendees will be taken through the principles and good practice which should be followed when questioning vulnerable witness. Cyrus Larizadeh will give examples of his experiences of cross examining vulnerable witnesses from the Baby P case to date. A practical demonstration of a vulnerable witness will take place followed by a discussion on the topic.

Expert witnesses’ do’s and don’ts in criminal proceedings14:45 - 15:45, Rooms 703 and 704, 7th floor

The cross-examination of expert witnesses is a vital part of the advocate’s toolkit. Yet it is rarely taught on the BPTC or on the Inns’ New Practitioners’ Programmes. This session aims to plug that gap. Advice will be given by two leading criminal practitioners, Amanda Pinto QC and Francis Fitzgibbon QC, and there will also be an opportunity to hear from a forensic scientist as to her experiences of being an expert witness.

Non-traditional forms of advocacy in ADR, Tribunals and Administrative proceedings14:45 - 15:45, Rooms 725 and 726, 7th floor

This session is an unique opportunity to find out about non-traditional forms of advocacy that are not often tackled in detail as part of the BPTC. Attendees will hear about how to advocate in arbitral proceedings, what it is like to represent a lay client before an administrative decision-maker such as the Financial Conduct Authority’s Regulatory Decision Committee, as well as how to undertake advocacy before disciplinary tribunals.

Advocacy sessions

13

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Call our free, independent, confidential Helpline on 0800 279 6888 or go to www.lawcare.org.ukCalls are free from mobiles and landlines.

Would you like to talk to someone who understands?

We have experience of life in the law, and we know that at all stages of their career, people in the legal community, sometimes need extra support with personal or professional issues.

Call our free, independent, confidential Helpline on 0800 279 6888 or go to www.lawcare.org.ukCalls are free from mobiles and landlines.

Would you like to talk to someone who understands?

Developing an international practice16:00 - 17:00, Main conference room, 8th floor

The lucky few are handed an international practice at the start of their time at the Bar, but most have to work at establishing an international practice, and it is never too early to start. This panel will offer advice on how to do just that from a number of very different perspectives. The panel draws from a diverse array of practice areas from within the profession, as well as experiences from the solicitors’ profession. All of which should result in a lively discussion.

What you can do now to improve your Judicial or Silk application16:00 - 17:00, Rooms 703 and 704, 7th floor

Some might think it too early to consider making Judicial or Silk applications, but this session will prove otherwise. Time and again, applicants are blindsided by the requirements. This session will explore what steps to take in order to develop a successful practice, and progress in your career at the Bar. Speakers will share their experience of managing life on the bench alongside their practice, and will shed light on the QCA and JAC processes.

Wellbeing and practice management16:00 - 17:00, Rooms 705 and 706, 7th floor

This interactive session reinforces the value of wellbeing and sustainable work habits at the Bar. There will be an opportunity to learn more about the different wellbeing initiatives at the Bar, and what proactive steps to take in order to put yourself in the best position for future opportunities. Speakers will share useful tips that young barristers can adopt to better manage their practice and ensure optimum performance in the future.

Practice development sessions

15

Come and visit the Bar Standards Board stand at the Young Barristers’ Committee Workshop titled The Specialist Advocate.

Find out abut our Future Bar Training Programme and more.

Date: Saturday 1 July 2017Time: 1:30pm - 7:00pm

Location: Charles Russell Speechlys4 Fleet Place

LondonEC4M 7RD

Email: ContactUs@BarStandardsBoard.org.ukTwitter: @BarStandardsFacebook: /barstandardsboardLinkedIn: /thebarstandardsboard

Additional information

CPD

The Workshop carries 3.5 CPD.

There will be CPD sign-in sheets inside each session room so please sign this before leaving the session to ensure you are allocated the correct number of CPD.

WiFi

Free WiFi is available throughout the day.

If you have not received the WiFi information on arrival, please speak to a member of the organising team.

Badges

For security reasons, please ensure you wear your badge during the Workshop.

Young Barristers’ Committee members and Bar Council staff will be wearing green badges. Look out for people with these badges if you have any questionsthroughout the day.

@YoungBarristers#TheSpecialistAdvocate

17

The Junior Chancery Bar is for all members of the Chancery Bar Association of ten years call and under. We represent the interests of the more junior members of the Association, support their professional development and wellbeing, and provide a social and networking forum – including Pilates classes, a marshalling scheme, educational events,

and social gatherings. We regularly hold events with solicitors.

To find out more, visit www.chba.org.uk/about-us/the-association/junior-chancery-bar-1

or see the newsletter.

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Notes

22

Notes

23

圀椀琀栀 漀甀爀 攀砀琀攀渀猀椀瘀攀 攀砀瀀攀爀椀攀渀挀攀 愀猀 琀爀甀猀琀攀搀 愀搀瘀椀猀漀爀猀 琀漀 琀栀攀 最氀漀戀愀氀 挀漀洀洀甀渀椀琀礀 漀渀 愀氀氀 洀愀琀琀攀爀猀 爀攀氀愀琀椀渀最 琀漀 倀爀椀瘀愀琀攀 圀攀愀氀琀栀Ⰰ 眀攀 瀀爀椀搀攀 漀甀爀猀攀氀瘀攀猀 漀渀 栀攀氀瀀椀渀最 琀漀 攀渀猀甀爀攀 琀栀愀琀 攀瘀攀爀礀琀栀椀渀最 礀漀甀 栀愀瘀攀 眀漀爀欀攀搀 昀漀爀 眀椀氀氀 渀漀琀 樀甀猀琀 戀攀 洀愀椀渀琀愀椀渀攀搀 戀甀琀 挀漀渀琀椀渀甀攀 琀漀 最爀漀眀 愀渀搀 ˻漀甀爀椀猀栀⸀ 圀栀攀琀栀攀爀 椀琀 戀攀 愀搀瘀椀挀攀 爀攀氀愀琀椀渀最 琀漀 匀甀挀挀攀猀猀椀漀渀Ⰰ 倀爀椀瘀愀琀攀 倀爀漀瀀攀爀琀礀Ⰰ 䘀愀洀椀氀礀 䰀愀眀 漀爀 猀攀琀琀椀渀最 甀瀀 愀 戀攀猀瀀漀欀攀 䘀愀洀椀氀礀 伀ϻ挀攀Ⰰ 眀攀ᤠ爀攀 栀攀爀攀 琀漀 栀攀氀瀀 琀栀攀 瀀攀漀瀀氀攀 椀渀 琀栀攀 昀爀漀渀琀 猀琀愀礀 椀渀 昀爀漀渀琀 昀漀爀 最攀渀攀爀愀琀椀漀渀猀 琀漀 挀漀洀攀⸀

吀漀 最攀琀 椀渀 琀漀甀挀栀Ⰰ 瀀氀攀愀猀攀 挀漀渀琀愀挀琀㨀䈀愀爀琀 倀攀攀爀氀攀猀猀 倀愀爀琀渀攀爀 ⬀㐀㐀 ⠀　⤀㈀　 㜀㈀　㌀ 㔀㈀㜀㐀 簀 戀愀爀琀⸀瀀攀攀爀氀攀猀猀䀀挀爀猀戀氀愀眀⸀挀漀洀挀栀愀爀氀攀猀爀甀猀猀攀氀氀猀瀀攀攀挀栀氀礀猀⸀挀漀洀

䠀攀氀瀀椀渀最 礀漀甀 眀椀琀栀 琀栀攀 爀攀猀瀀漀渀猀椀戀椀氀椀琀椀攀猀 漀昀 眀攀愀氀琀栀 愀琀 攀瘀攀爀礀 猀琀愀最攀