23 June 2014
www.lawgazette.co.uk Winning in the Lords
A degree in law seemed to give a number of later options, not neces- sarily in law. After working in two dif- ferent law firms during the summer, I had decided this was not for me. After the third summer, working in a legal aid practice, I thought this was exactly what I was looking for. I chose a sandwich degree
course because of early office expe- rience, which made it much easier to get what is now called a training contract. I was fortunate to be in an eight-partner firm with real variety and responsibility during the two years. I also think doing anything completely different helps; in my case, three years away travelling. I began specialising in criminal
and personal injury work in a small general practice and later decided to move to a small commercial prac- tice, eventually leading its litigation department. The biggest advantage of so much variety is a lateral approach to all issues. I decided to specialise in con- tentious law, as I always found my attention wandering during lectures on non-contentious subjects. In 1985, my then firm was acting
Partner, Capsticks, London Ashley Irons
on behalf of the three high-security hospitals, Broadmoor, Ashworth and Rampton. I knew nothing about mental health. My first job was to stop a lawyer touting for business on the wards when all the managers had gone home at weekends. This is something that staff wanted, but their union, the Prison Officers Association,
regarded such assistance as encroach- ing upon their sphere of influence. I am still instructed from time to time by two of the hospitals. I have increasingly specialised in mental health law on behalf of provider cli- ents ever since. Being given an award for training by the Royal College of Psychiatrists Forensic Conference this year shows how anyone can develop expertise long after exams are over. I had three cases in the House of
Lords on mental health issues and won them all. Perhaps the most chal- lenging was writing a policy contrary to the Mental Health Code of Practice, knowing that judicial review would follow. It did, and the House of Lords agreed that the Code of Practice was advisory and not obligatory. I have defended many actions brought by Ian Brady (the Moors Murderer) since 1990. This includes his challenge to compulsory feeding, leaks to the media of confidential infor- mation (another House of Lords case) and several mental health tribunals. There has been a loss of choice
on the high street for clients. The era of very small general practices is long over. The public have far fewer high street practices from which to choose, in part because the weight and reach of regulation carries a significant administrative cost. People assume I am earning a
salary far beyond the reality. The price of acting for health care clients is that the rates are less than half of any commercial rate.
IN PERSON 25
Trustee dispute over temples
Lawyer in the news Brian Addlestone Addlestone Keane By Jonathan Rayner
Who? Brian Addlestone, 53, commercial litigation partner at Leeds firm Addlestone Keane. Why is he in the news? He acted in the Supreme Court for mem- bers of the Sikh community in Britain who are seeking to replace the trustees of three Gurdwaras (temples) in Bradford, Birming- ham and High Wycombe. After the deaths of his prede- cessors, the First and Second Holy Saints, Sant Jeet Singh succeeded to the office of Third
Holy Saint in July 2003. Upon his succession, the three Gurdwaras came under his guardianship and he chose to dismiss the exist- ing trustees, the respondents, and replace them with Addle- stone’s clients, the appellants. The respondents refused to
leave and the case came before the High Court, which ruled in the appellants’ favour. However, the Court of Appeal allowed the respondents’ appeal, holding that the issue turned on religious beliefs that were not justiciable in English courts. On 11 June, the Supreme
Court allowed the appeal, ruling that the issues should all go to
trial, on the grounds that the dispute was focused more on the ownership and control of property held on trust than
religious beliefs. Thoughts on the case: ‘Most case law around religious dis- putes involves discrimination, and what is or is not justicia- ble rarely comes up. It is also unusual for the Supreme Court to overturn the Court of Appeal.’ Why become a lawyer? ‘My brothers were following in my
father’s footsteps as doctors, so I decided to become a lawyer. I found litigation, with its deadlines and creative solutions, particularly interesting.’ Career high: ‘Taking this case to the Supreme Court. It was a once-in-a-lifetime experience – our small firm and the country’s biggest legal brains.’ Career low: ‘I was an articled clerk in a small criminal law firm when a woman came in for advice. When I gave her the green legal aid form to complete, she calmly set it alight with her cigarette lighter. I can only sup- pose she was unhappy with the advice I had given her.’
IN THE NEWS
MY LEGAL LIFE
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36