UWE Bristol wins Guardian Award for Equity Programme

Posted on

We were delighted to be finalists at this year’s Guardian University Awards but are over the moon to have actually won! This award means so much to everyone who’s been involved in developing and delivering the Equity Programme ever since our first pilot event in October 2016. It’s been a long and sometimes challenging journey to introduce a progressive positive action scheme like this. Working with students, local employers and national diversity thought leaders, we’ve created something which the University can be really proud of and which offers BAME students a chance to leverage leadership and enterprise skills as they embark upon their graduate careers. 

The Equity programme has 4 pillars: 1-2-1 mentoring, identity and leadership coaching, enterprise education workshops and large evening networking and guest speaker events. National statistics on the performance and progression of ethnic minorities in the labour market (as highlighted by the MacGregor Smith Race in the Workplace Review 2017) have to change and we are proud to be leading the way on the role universities can play in this regard. Finally, we want to thank every facilitator and the external guests who attend our events and enrich our student experience.

Equity evening events run throughout the academic year and are open to the public to attend. We warmly encourage alumni to consider attending the evening events to give our students networking opportunities as well as being part of the collective challenge to diversify the talent pipeline. To find out more please visit www.uwe.ac.uk/equityor email raceequality@uwe.ac.uk

Post written by Dr Zainab Khan- Equity Programme Lead

Take advantage of degree apprenticeship SME funding with UWE Bristol

Posted on

15 May 2019 15:00 – 17:00

Register here

Are you interested in upskilling your workforce and does the cost of training seem a barrier to accessing local talent?

This event provides an opportunity to hear first-hand accounts from existing businesses who have apprentices at UWE, and how to make it work. In addition to this, we will be highlighting upcoming degree apprenticeships and further opportunities for your business to train your employees at degree level with the funding available.

UWE Bristol is the only university in the region with funding from the Education and Skills Funding Agency (ESFA) to support non-levy employers and has secured funding to support apprentices from Small and Medium-sized Enterprises (SMEs).

David Barrett, Director of Apprenticeships at UWE Bristol, will welcome you to the event and alongside the Degree Apprenticeship Hub team will be able to help identify your training needs and suitable solutions.

Spaces are limited for this event, so please register below.

If you have any questions about this event or degree apprenticeships please feel free to contact Ellen Parkes.

We are looking forward to meeting you and beginning the degree apprenticeship partnership journey.

The event takes place in the University Enterprise Zone on Frenchay Campus from 15:00 – 17:00.

Register here

UWE Law Society London Trip 2019

Posted on

The UWE Law Society reports on its recent trip to visit Parliament, the Supreme Court, and The Inns of Court.

Guest post by: Sam Louwers, President of  UWE Law Society
The opinions expressed by the guest writer and those providing comments are theirs alone and do not necessarily reflect the opinions of UWE Bristol.

The 18th February began very early in the morning for 50 members of UWE Law Society who had secured places to take part in our London Trip 2019. The aim of the trip was to move 50 members to London to visit Parliament, The UK Supreme Court and attend a talk delivered by Lincoln’s Inn.

It had been the intention from the offset that all society members should feel in a position to apply for a ticket, regardless of their personal circumstances, so the price should be free. Through applications to both the faculty and student’s union enough funding was secured to pay for the coach move meaning that all were in the same position to apply for a ticket.

We left UWE at 0530 to move to Westminster, for a change a very painless journey. Once arriving the trip was split down into two tranches; one detailed to Parliament and one the Supreme Court.

Those who toured Westminster had a unique opportunity to gain an understanding of the history of the building, visit both chambers and have explained the full process of how a Bill becomes an Act. With a passionate tour guide this element was enjoyed by all and was an opportunity that many had never experienced, and I am sure that many students would have left feeling they have a confident understanding of our constitution.

Tranche 2 began their day visiting the Supreme Court. A newer building in the history of the court system, but still bathed in history from its previous role. The group had the opportunity to explore the building whilst also have its purpose and history explained to them by their tour guide. With some fantastic photo opportunities, members even had the opportunity to sit in the seat of a justice and experience the true feel of the court room. Unfortunately, Parliament were holding an emergency debate in the afternoon so Tranche 2’s tour had to be cancelled.

Then a surprise to all when we were notified that Lady Hale, President of the Supreme Court, had heard that UWE students were visiting so was giving up her lunch break to meet with us and run a Q&A session, as I am sure all readers will appreciate this is a fantastic and privileged opportunity.

Meeting with Lady Hale was an experience that many students will never experience again, but you could tell that she was more than happy to give up her time to pass her knowledge and experience onto those young minds who have a passion to progress into the legal profession.

The final part of the day saw a move to Lincoln’s Inn where we were hosted by Andrew, their outreach Co-Ordinator. Unfortunately, the talk had to be held slightly down the road in their office and conference space as the Inn itself is currently undergoing major renovations, yet still a great environment to visit. Andrew gave a talk to the society members about what the purposes of the four inns of court are, their history and how they play a key part to anyone looking to progress to a career at the bar. He also took the time to discuss the vast range of scholarships available and in doing so demonstrating that there is financial support available to those who need it.

Lincoln’s Inn also paid for Sally Anne Blackmore of Ely Place Chambers to come and talk to our members. Sally is a former UWE Alumni and prominent member of the Inn, often involved in the residential and qualifying sessions that are run. As a former Alumni Sally was keen to talk to our members about her non-traditional route to the bar and her vast experiences surrounding the profession. Not only did she inspire members she was also happy to hand out her contact details should members want to seek further guidance.

The day ended with the journey back to UWE, getting in at 2230. After a long day I think I can honestly say that every attendee was able to get something special from the day and I have taken the time to thank every element of the trip personally for making it possible. If it wasn’t through keen networking and producing a positive image of UWE Law Society this trip would never have been possible. Dr Liam Fox MP was happy to support our tours, Lady Hale gave up her time and Lincoln’s Inn gladly hosting us at their location is proof that UWE Law Society have built a positive and strong reputation in the last year. We also thank UWE Law Department and the Students Union at UWE for their kind donations, as without them we would not have been able to meet our aim of making this trip open and accessible to all and by doing so we met our equality and diversity targets.

Although coming to the end of our term as a committee I am sure that now the ground work has been laid so future committees will be able to offer these fantastic opportunities to their members also.

Sam Louwers
President
UWE Law Society

Pro bono: Student reflections from the African Prisons Project

Posted on

One of the many activities the UWE Pro Bono Unit undertakes is the African Prisons Project. The project sees UWE students assisting prisoners and prison warders during their Law studies in Uganda and Kenya. Kathy Brown has previously blogged about the project here. In this post, student Kelly Eastham provides an update on an inmates sentence.

by Kelly Eastham

It has been a long time that I have been waiting to write this and awaiting this news itself, but not nearly as long as it has been for Wilson. I am completely overwhelmed to have received news today that Wilson (an inmate from Kamiti Prison, Kenya) has been released after winning his case in the Kenyan Supreme Court. Wilson was imprisoned at the age of 19 and sentenced to death, he has since served 20 years for robbery, a punishment not proportionate to his crime.

During my time in Kenya I grew close with Wilson. I was completely amazed by his beautiful perspective on life and his motivation to help other people in his situation. Prior to working in a “death row” environment, I had always thought that these people will have nothing to live for and will become the worse version of themselves as they have no reason or motivation to turn their life around. I was completely wrong and Wilson was one of the first inmates to totally shift my perspective on this. He showed me that it is never too late to make a positive change and if you keep fighting for it anything is possible. His case in the Kenyan Supreme Court (Coram: Maraga CJ & P, Mwilu DCJ &VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ) will be monumental in Kenyan history as the one which abolished the death penalty and will have a significant knock-on effect for the lives of thousands. Wilsons motivation to be a changemaker has not come from a place of selfishness but from wanting to be able to make a difference.

I was asked by Wilson to attend his trial to support him, I remember walking into the High Court and awaiting the judges decision, this decision stated that Wilson had been successful and won his case. I remember going down to the cells under the court house and spending time with him celebrating his success. I felt so emotional to have been a part of his trial and I am so blessed to have been there to support him.

Wilson and his story have inspired me so much and I am honoured to have played a small part of it. I will forever be grateful for the life lessons he has taught me and for inspiring a huge passion within me. I will be wishing him all the best in the outside world and I will be there to support him though it. 

Visiting scholar from the University of the Western Cape in South Africa shares his reflections after visiting UWE Bristol

Posted on

In December 2018, visiting scholar  Dr Windell Nortje from the University of the Western Cape in South Africa spent two weeks at the Bristol Law School. Below he shares his reflections of the visit: 

Guest blog by Dr Windell Nortje

I visited UWE between 4 and 18 December 2018. My home institution, the University of the Western Cape (UWC), in Cape Town, South Africa, granted me funding for a two-week international visit at a university abroad. I am truly grateful for the UWC Deputy Vice-Chancellor’s Research and Innovation Office for giving me the opportunity to visit UWE.

In October 2017 I started collaborating with Dr Noëlle Quénivet with a view to writing a journal article. This project turned into a book (Child Soldiers and the Defence of Duress in International Criminal Law) that has been accepted for publication by Palgrave. The manuscript is due to be submitted in March 2019. I approached Dr Quénivet in October 2018 and enquired whether UWE would be willing to host me as a visiting scholar. UWE graciously agreed. In my time at UWE I felt part of the Bristol Law School. I was warmly welcomed by Dr Quénivet, Dr Sarah Grabham, the Head of the Department of Law as well as all the academics and students.

This made my experience at UWE very fulfilling and rewarding.

The initial aim of the two-week visit was to work on the book and to collaborate with some of the academics at UWE. As it turned out, I held two guest lectures and presented my research to UWE academics. In addition, I collaborated with a number of academics with the view to writing journal articles, attended the first annual Criminal Justice Research Unit (CJRU) Lecture and importantly, also discussed the possibility of establishing a new LLM Programme between UWC and UWE. Finally, I also drafted a funding application with Dr Noëlle Quénivet for a potential writing workshop to be held in Cape Town in July 2019. I will be sharing some of the highlights of the activities above.

We are in the final stages of writing the book. Most of the chapters are completed. We are still finalising the conclusions and recommendations. Dr Quénivet had a few new books on child soldiers which I had not yet read and so I was able to incorporate some of the views of these authors in our book. Dr Quénivet and I also discussed the footnoting and referencing of the book as well as a follow-up article to be published in 2020. Dr Quénivet, being a leading expert in the field of international law, has been influential in turning the article into a book. I am grateful for her continuous support and guidance throughout the project. I would also like to thank Ms Shilan Shah-Davis and Dr Suwita Hani Randhawa for their invaluable comments when I discussed the book with them.

In a first for me, Dr Quénivet and I had the opportunity to present a public lunchtime lecture at the Bristol Central Library. This was a unique experience as we presented the lecture in the reception area of the Library and anyone was welcome to attend. The lecture entitled: “Child soldiers: Busting The Myth of their Victimhood to Better Understand who they are”, centred around the myth that child soldiers are victims only and that they should not be held accountable for their crimes. The audience found it fascinating to note that so many girls are also child soldiers since the perception is that the iconic child soldier is that of a boy. However, in some conflicts, the girls outnumber the boys. The audience, who consisted of about 20 people, had an opportunity to ask questions. I was grateful for this opportunity to discuss our work with the public as this is not an opportunity that comes by too often.

At UWE, I was invited by Mrs Evadne Grant to present a guest lecture on the International Law and Institutions module offered on the LLM progamme. The lecture, entitled: “The Fragmentation of International Law: An African Perspective” focused on the fragmentation of international law and how this has resulted in a conflict between African States and the International Criminal Court (ICC). There is no homogenous system of international law as different regulations are applied in different situations, thus a fragmented system. To explain this to the students I used the example of the concept head of state immunity within the context of Africa. The incumbent President of Sudan, Omar Al-Bashir, is wanted by the ICC for the commission of war crimes and genocide. He attended the African Union Summit in South Africa in 2015. During the Summit a South African Court issued an arrest warrant for his arrest. However, he was able to return safely to Sudan and is still wanted by the ICC. As a result, the ICC ruled that South Africa had a duty under the ICC Statute to arrest Al-Bashir. This was affirmed by the Supreme Court of Appeal in South Africa. In the case of head of state immunity, there are various regulations that could be applied in this case hence alluding to the fragmentation of international law. After presenting the lecture, the students had an opportunity to discuss several question posed to them by Mrs Grant. This included whether fragmentation should be regarded as a positive or negative aspect of international law. The students provided constructive feedback on the questions. In South Africa we are not used to this style of interactive lectures, even at LLM level. This was a refreshing experience for me and something that I will be considering at my institution as well.

I was also given the opportunity to present my research at the final Criminal Justice Research Unit/International Law and Human Rights Unit end of semester talk. My research article entitled “The Protection of the Identities of Minors upon Reaching the Age of Majority: Centre for Child Law and Others v Media 24 Limited and Others (871/2017) [2018] ZASCA 140 (28 September 2018)” dealt with the Supreme Court of Appeal’s judgment concerning the ongoing protection of the identities of minors involved in criminal proceedings. The identity of child witnesses, victims and perpetrators when they reach the age of 18 is not protected and it is argued that this could have a damaging effect on the development of the child, depending on whether the case receives wide publicity or not. I received valuable feedback from Dr Tom Smith and Mr Ed Johnston.

I was invited by Dr Smith and Mr Johnston to attend the first annual CJRU lecture which dealt with the disclosure of evidence by the police in the Liam Allan case. It was a fascinating experience for me as this was the first time for myself, and many others, where we could hear the experiences of a former accused, his defence lawyer and the state prosecutor all in one lecture. It was clear from the speakers that the current situation in the UK needs proper reform, and hopefully initiatives such as those of the CJRU will encourage policy change. This event also inspired me to ask questions about the South African law regarding the disclosure of evidence and what lessons could be learned from the UK criminal justice system.

Regarding collaboration, Mrs Grant and I talked about the idea of creating a joint LLM between UWC and UWE in the future. We exchanged ideas and will be looking at funding opportunities to launch a new LLM between our institutions.

Lastly, Dr Quénivet and I embarked on a funding proposal to be submitted to the British Academy which would enable us to hold a writing workshop in Cape Town in July 2019. This workshop will potentially bring together leading international journal editors, UK based scholars and young and emerging African PhD students/scholars and give the emerging PhD students/scholars the opportunity to present an article to the specialist panel and receive constructive feedback on how to publish in international journals. The workshop aims not only to remedy the lack of quality publications by African scholars but also to support them more generally in their career.

In sum, my visit at UWE was an unforgettable experience which has left a lasting impact on my own emerging research profile and my development as a scholar in the field of international criminal law. I hope to see you again in the future!

 

The disclosure crisis: A suspect and practitioner perspective

Posted on

On Wednesday 5 December 2018 UWE Bristol hosted the first annual Criminal Justice Research Unit lecture on the topic “The disclosure crisis: A suspect and practitioner perspective.” The event was organised and chaired by Dr Tom Smithand Dr Ed Johnston and funded by the Centre for Applied Legal Research.

Roughly a year ago today our first speaker Liam saw accusations of rape dismissed after the police failed to disclose crucial evidence which fundamentally undermined the claims made against him. Liam gave us a very a personal account of his experiences with the criminal justice system. Jerry Hayes and Anthony Edwards each provided varied and valuable professional perspectives on the problem of disclosure. We hope that this lecture will help to promote meaningful and long term change in this area as well as furthering our goal here at UWE Bristol of research that shapes the future of organisations.

The lecture has been recorded and is available to watch online as a video, or to listen to as a podcast:

View Full video

Listen to Podcast

Liam Allan

Liam Allan is a criminology and criminal psychology graduate who was charged with rape in 2015 and spent two years on bail before his case collapsed owing to failures with the disclosure regime. Liam gave us a very personal insight into his experience and the trauma of accusation, from the moment he was arrested until the case was dropped. Liam described being made to feel that he was “guilty until proven innocent”. Liam arrived at the Crown Court charged with 13 counts of rape; days into his trial, it emerged that the police had 60,000 non-disclosed text messages containing vital information which led to the collapse of the case against him. Following these events, there was huge media interest and public outcry. Subsequently, 600 cases were dropped, 6 of which were rape cases. Since that time, Liam has continued his studies and founded the Innovation of Justice campaign, which seeks to unite organisations, lawyers and barristers, individually seeking to improve different aspects of the criminal justice system.

Jerry Hayes

Jerry was the prosecution barrister for Liam’s trial, and played a fundamental role in the discovery of the non-disclosed evidence. Jerry described some of the fundamental issues with the criminal justice system, in particular in relation to sexual offences. He argued that many members of a jury jump to conclusions in a “no smoke without fire” reaction to rape cases (something Liam suggested he had previously done, prior to his accusation). Jerry emphasised the importance of remembering that people are complainants, not victims, until a conviction or a plea of guilty. Jerry described in detail how and why the system very nearly failed Liam Allan – who would have served up to 12 years in prison and been on the Sexual Offenders Register for life. He suggested that the evidence that was withheld had been deemed “too personal” to be revealed and not relevant to the case. Yet, he argued, it was not only capable of undermining the prosecution case; it made it absolutely clear that Liam Allan could not be guilty. Jerry described Liam’s case as the worst he had seen in 41 years of practice.

Anthony Edwards

Anthony Edwards has been a practising solicitor for 45 years and gave us a professional overview of how disclosure should be handled to avoid major miscarriages of justice. Anthony explained some of the provisions of the Criminal Procedure and Investigations Act (CPIA) and gave an overview of the recent Attorney General’s review of disclosure. He argued that, with sexual offences, there is added complexity and difficulty due to frequent “credibility contest” in such cases – that is, they turn on one person’s word against another. He stated that it is a routine part of defence practice to deal with non-disclosure issues; from major fraud to cases of minor assault. He suggested that poor disclosure practice undermines the criminal justice system, as police and prosecutors do not look for what is actually needed in a case. Anthony highlighted that this issue will not just go away (and not done so for decades), arguing for an enormous cultural shift from the police, the prosecution and defence, to ensure that all evidence is properly disclosed from the start. Anthony highlighted the need for an independent disclosure review process, conducted by an independent barrister, arguing that history tells us that the police nor the prosecution can or will do a satisfactory job. Anthony highlighted the related issues associated with the use of social media by parties in a case; particularly the problems of detecting and accessing such material when it stored on a third party’s account. He asked: how an accused can find such material if they do not know it exists? Anthony suggested that, with an independent disclosure counsel running the process, a significant proportion of cases that currently reach court and are subsequently dropped or dismissed by a jury would be filtered out of the system at an early stage, avoiding injustice.

Question and Answer session

We had a range of questions, some sent in advance and then opened up questions from the audience. Liam talked about how the case affected his personal life and that he was suspended from his job for 2 months. The emotional strain of the case understandably caused Liam to breakdown in court, but he also spoke about the impact on his family and friends. There was much discussion around the CPS and CPIA, whether they were fit for purpose and whether Liam was judged fairly. Anthony and Jerry gave an insightful discussion of the failings of the criminal justice system and how these failings impact genuine victims of sexual abuse. The idea of anonymity for those accused of certain types of offences was discussed by all three speakers, and the idea that it should be anonymous until a judge, because there may be other offences, directs that it should be made publicly known. There was criticism of the CPS and police using their lack of resources as an excuse for their failings, and whether this is a valid excuse or reason, nonetheless it needs to be addressed.

The entire lecture is available online here:

Full video

Podcast

Professor Anthony Arnull’s Distinguished Professorial Address – UWE, 24 October 2017

Posted on

‘Should we trust the EU?’ was the controversial title of Professor Anthony Arnull’s Distinguished Professorial Address held on 24 October 2018 at the Bristol Law School, UWE. Prof Arnull who holds the Chair of European Union Law at the University of Birmingham and is the author and editor of a wide range of well-known scholarly works in the field (eg The European Union and its Court of Justice (OUP, 2nd ed, 2006), European Union Law: A Very Short Introduction (OUP, 2017), The Oxford Handbook of European Union Law (OUP, 2015)) started his Address by asking the question ‘What does trust have to do with the EU?’. He pointed out that the concept of trust is increasingly invoked by the CJEU in its jurisprudence. The view of the CJEU is that because Member States share the same values they should trust each other to respect them and thus cannot insist on evidence to show that they are being complied with.

Prof Arnull’s first task was to define the notion of ‘trust’. First, he noted that in an article published in 2004 Lenaerts identified a number of principles that should enhance the trust of individuals in the EU: transparency, equality of arms, legal certainty and predictability, and sound administration. (‘In the Union We Trust’: Trust-Enhancing Principles of Community Law’ (2004) 41 CMLRev 317-343). Writing on the same issue in 2017 Lenaerts explained that the CJEU was expecting the constitutional courts of all Member States to monitor the lower courts. (‘La vie après l’avis: Exploring the Principle of Mutual (yet not Blind) Trust’ (2017) 54 CMLRev 805-840).

Looking at the concept in a more general way Prof Arnull explained that Baier understands trust as ‘reliance on others’ competence and willingness to look after, rather than harm, things one cares about which are entrusted to their care’ but that it might be possible to add another dimension to trust, that of risk, a notion introduced by Niklas Luhmann in his extensive writings on the subject. In this context, both parties expect things to go smoothly for the benefit of both (eg hiring a babysitter). So, the question boils down to asking how can someone draw the conclusion that another person is trustworthy? After all, it is about good judgment and usually one relies on evidence to establish such trustworthiness. In other words, the question is: ‘does the person have a good track record?’ Sometimes as it is not easy to gather evidence one needs to use proxy indicators. This is particularly the case in decentralised systems when it is often difficult to find whether trust is met. Trust can indeed be misplaced and so there might be a lack of trust.

Going back to the European Union Prof Arnull asked whether it is rational to trust the EU. He observed that a high degree of trust had been displayed by the European States between the 1950 Schuman declaration and the 1957 Treaty of Rome that established the European Economic Community. Yet, the States also seemed not to trust each other, considering the possibility that a State might not live up to its treaty commitments. The Commission was tasked with ensuring that the treaty be applied, and an enforcement procedure was established under Article 169. Prof Arnull also went back to the enforcement procedure under the European Coal and Steel Community to prove his point. After all, the idea of policing States tends to show a lack of trust. Such an argument is supported by the introduction in the Treaty of Maastricht of the possibility for the Commission to start a second set of proceedings against States with a view to obliging them to pay financial penalties if they did not comply with the initial CJEU judgment. The Lisbon Treaty went a step further allowing the Commission to ask for financial penalties to be applied without having to seise the CJEU again, though that is only allowed in limited circumstances (Article 260(3) TFEU). Prof Arnull argued that there is trust in the Commission to enforce EU law but it was much higher in the past, especially under the European Coal and Steel Community. The Amsterdam Treaty also introduced in Article 7 TEU the possibility to check on States failing to comply with the key values of the European Union. Now such a procedure is being used against Poland and Hungary.

Prof Arnull then provided a myriad of examples of trust and lack thereof towards both Member States and the institutions of the European Union. As he pointed out in the Q&A session the permutation of trust relations in the EU does not permit a structured analysis of how trust works in the EU. He also explained that mutual trust is the basis of EU law as well as an assumption. That being said, if there is a lack of trust it does not mean that there will be no trust anymore; rather, it means that trust must be re-established at a later stage.

The application of the European Arrest Warrant is an example of the trust or lack thereof between EU Member States as the recent preliminary reference to the CJEU on a case brought by an Irish court shows (Case C-216/18 PPU). Indeed, the Irish court questioned whether the right to fair trial would be guaranteed should Ireland extradite the individual to Poland.

With regard to individuals and how much they can trust the EU, Prof Arnull highlighted that originally, under the ECSC treaty, legal and natural persons had a relatively easy access to judicial review but the Treaty of Rome severely curtailed that right. The reason for this was that such judicial review was viewed as detrimental to the good functioning of the then European Economic Community.

To ensure though that individuals benefitted from EU law, the Court established the principles of direct effect and supremacy. If it had thought the Member States could be trusted to comply with EU law it would have probably not created these principles. The CJEU also works on the basis of trust in the sense that it assumes that the highest national courts comply with EU law as well as monitor lower courts. Unfortunately, this was recently put to the test as the Danish Supreme Court refused to follow a preliminary reference in 2016 (Ajos Case). So, if a constitutional court does not comply with EU law such monitoring disappears or, at least, becomes more difficult. Some academics claim that the Danish court’s reaction was because it views the CJEU as too activist and this does not work well with the Danish legal culture. The question however is why such an issue is raised after Denmark has been for so many years in the European Union.

The European Commission is viewed as one of the most powerful institutions and so trust in it is paramount. Unfortunately, a number of events have permitted us to doubt the trust we put in it. For example, in 1999 the Santer Commission resigned. In 2006 Edith Cresson, a Commissioner, was found guilty of misconduct (Case C-432/04). More recently in 2018 the Ombudsman has had to deal with two cases of maladministration against the Commission, the first one relating to Barroso, the former President of the EU Commission taking up a job as advisor with Goldmans Sachs and, the second one relating to the appointment of Selmayr as Secretary-General. It should however be noted that in the latter case the Ombudsman did not attack the individual, rather it was the process that led to his appointment that was put in question. This all does not look good when the Commission is, according to the treaties, the guardian of the treaties and yet seems to contain a number of individuals who cannot be trusted.

The history of the European Monetary Union (EMU) is another point in case. Italy wanted to play a strong role in the EU and thus had to show that it fulfilled the convergence requirements to be part of the EMU. The criteria were flexibly interpreted in 1998 and so Italy became part of it. Later, Italy and Greece became the victims of the 2008 financial crisis. This led to asking the question why Greece had been accepted in the Eurozone in the first place. The criteria, so it seemed, did not appear to have been rightly applied or, possibly, there was a deliberate attempt by Greece to mislead other EU Member States. In any case the issue of trust was raised in this context. The problem was that the Council is the only body that can oblige a State to correct the deficit within a certain timeframe. Yet, the Council, notably due to its composition is unwilling to do so. As a result we end up in a situation whereby commitments are made but not upheld and then the breach is not rectified because of collusion between Member States. All this reveals that the actors at stake cannot be deemed trustworthy, at least in the field of monetary policies.

Another good illustration of the issue of trust in the EU is the enlargement process. At the Copenhagen European Council it was agreed that Cyprus could become a Member of the EU and that accession by a united Cyprus was encouraged. Consequently, the process launched by Kofi Annan, then Secretary-General of the United Nations, was supported by the EU. Yet, the EU did not attach any conditionality and so, despite the rejection by the Greek Cypriots of the unification of the island in a referendum organised by the United Nations, the EU allowed Cyprus to join the EU but on the understanding that the acquis was suspended in the northern part.

In conclusion, Prof Arnull explained that first the EU treaties have express provisions showing the lack of trust in the Member States. Second, practice also reveals that at times neither the Member States nor the EU institutions can be trusted. In other words, there are many reasons for not trusting the EU and the Member States. Does that mean that there is a crisis? No, according to Prof Arnull. Rather, all institutions must show that they are trustworthy and this can be done by setting practical guidelines and examples of good governance.

Bristol Law School’s Thomson Reuters Legal Student Representative awarded First Place Award at the annual Thomson Reuters Conference

Posted on

2nd year Law student Anita Dangova has been named First place at the annual Thomson Reuters Conference for the work she has achieved this year as a Thomson Reuters Legal Student Representative (TRLSR).

As a TRLSR, Anita organises different Westlaw workshops and sessions to help her fellow students achieve the best results possible.

As part of her role, Anita has worked closely with the Bristol Law School librarians to produce customised workshops and sessions for our students currently involved in the African Prisons Project (APP).

The APP offers high quality, accessible legal services to the most marginalised communities in East Africa through their training and leadership programme.

They operate in partnership with those who live and work within the justice system – from prisoners, to prisons staff and the judiciary – to those in government and other agencies, with individuals and organisations, towards a common goal, ensuring that everyone has access to justice.

Anita and the School Librarians have helped the APP Research Associates conduct their research effectively, using Westlaw. The research can be exported and shared with the group leaders from the APP which may be the first steps towards an African prisoner’s freedom.

Congratulations to Anita for the award and congratulations to both Anita and the Law School Librarians for a great collaboration!

Guest blog post: A student representatives’ perspective of the Times Higher Education awards ceremony

Posted on

Guest author: Mia Collins, 3rd Year Business and Management Student 

Currently in my final year of studying Business and Management, I have been fortunate enough to represent the department as its Lead Department Representative and the Finance, Business and Law faculty as its Learning, Teaching and Student Experience Committee member. These roles have demonstrated huge benefits to my educational and professional development, yet, the most monumental opportunity the positions have brought me is attending the Times Higher Education Awards in London. As a typical student does, I have had significant exposure to Bristol’s nightlife – but none of them compare to the night I had at the awards ceremony.

The night began on, rather, a stressful start; having only 1 hour to get to get ‘black tie’ ready, I was under significant pressure– for those who know me well enough, will understand exactly the level of stress I mean. Despite this, I was immensely excited. We ventured over to the JV Marriott Grovesnor House in London, where we were met with bubbly and snacks. Walking into the reception room, in itself, was an experience; everyone had gone above and beyond with their appearance and looked fantastic. Before the night had really began, this was a great opportunity for me to get to know the people who facilitate the day to day operations of UWE; as a team of 14 (2 being myself and Lily Liu, the only students in attendance), were able to get to know the likes of Steve West, Donna Whitehead and lot more. Before one too many glasses of prosecco, we got a #teamUWE picture:

(Don’t we scrub up well!)

After a chatter and a social, we were taken into the main awards hall. Merely walking towards the hall, you are greeted by the most amazing floor imaginable (see below). From the onset, everything about the night was glamourous. Once we (eventually) found our tables, we sat down to a starter of crispy salt cod fritter (essentially, the fanciest fish finger ever), followed by slow braised beef short rib with vegetables, finishing off with a Greek yoghurt tart and petits fours – yum.

As time went on, the more nervous we all became, and before we knew it, our category was up next. We had thankfully been shortlisted, for the second year in a row, Business School of the Year and were up against some intense competition. The category was announced… UWE’s participation was mentioned… a huge cheer from all of our 3 tables… on the very edge of our seats…the winner was announced… and THEN, ah. ESCP Europe Business School were awarded the winners of 2018. Despite not winning, this year(!), we didn’t lose spirit. We were up for Most Innovative Contribution to Business-University Collaboration. Again, we didn’t quite get it this time; we did, however, receive a special commendation for our efforts. Not all bad, eh?

The night didn’t end there – a disco was to follow. Thankfully, we were sat the closest to the stairs, so UWE were the first to get to the dancefloor. I must add, we took over the ENTIRE dance floor, truly a UWE takeover. The night didn’t purely involve partying, it was a great opportunity for me to develop my networking skills and get to meet some senior figures from all across the country – one in particular, the Sponsorship Director of the Times Higher Education awards. After hours of singing our hearts – out at the very top of our lungs – lunging and squatting(?) to the beat and showing the other universities why UWE really are the best, the disco came to an end – it takes a lot of skill and endurance to be the FIRST and LAST ones on the dancefloor, but we executed it so well.

We got back to our hotel in the early hours of the morning and, with no voice left and feet in agony from high heels, we sat in the lobby, each with our takeaway laughing and chatting until it was time for bed.

The night as an entity was phenomenal, I am incredibly grateful to be 1 of the 2 students fortunate enough to attend. I’ve not only taken away great memories from it but have also made great relationships with senior staff whom I would never usually have the opportunity meet. A huge thank you to everyone who facilitated the evening and made it as incredible as it was. Every day I am more and more honoured to represent UWE and everything we achieve. Bring on Business School of the Year 2019!

Below are a few photos from the evening:

   

Bristol Law School graduate named Human Rights Lawyer of the Year

Posted on

By Jeremy Allen, Media Relations

A Bristol Law School graduate has been named Human Rights Lawyer of the Year by the Law Society, the representative body for solicitors in England and Wales. Ravi Naik was awarded the accolade for work as a leading lawyer representing a client on the Cambridge Analytica case.

After receiving the award Naik, who is partner at Irvine Thanvi Natas Solicitors, said: “Receiving this recognition is fantastic and something I never expected. When I was a student at UWE I could only dream about winning this and it is a testament to the education received there and the people I have subsequently been lucky enough to work with,” he added.

The solicitor studied for a law degree at UWE Bristol, graduating in 2006. He later went on to work in London for the human rights organisation Reprieve to help release British detainees from Guantanamo prison. While at the organisation, he was involved in the case that led to the release of Binyam Mohamed, who was freed from the jail and returned to the UK in 2009.

Naik now works on cases that protect individuals’ data rights. These have included helping a client access their data on Tinder, which revealed 800 pages of information including photos, online chats, education among other data.

The lawyer and his team are also representing an individual on the case that has brought Cambridge Analytica to task about a large quantity of data, which it is accused of harvesting from Facebook profiles and using for political purposes. He is also the lead lawyer against Facebook for the related breach.

“As more and more authority has shifted from public to private entities, a new power relationship has arisen. For me, this work is about re-calibrating that imbalance,” he said. “My interest has always been to hold power to account and give voice to individuals. People have begun to understand that digital services they receive mean that they are often not as free as they might have been. We are starting to see the power of data rights as human rights.”

Human rights has been a topic of interest to Ravi for many years. His great uncle was one of the first Asian barristers to qualify in the UK, before he returned to India as part of the freedom struggle for independence. “He instilled in me this idea that by using the law you can effect change. Later I was lucky to work with some of the best lawyers, academics, journalists and others across the world. They helped me to understand how you can push boundaries in law to also bring about change in international jurisdictions.”

The award was presented at the Law Society Excellence Awards in London on 18 October by news presenter Mishal Husain and Law Society President Christina Blacklaws.

Congratulations Ravi!