Climate Change Litigation – A Vehicle for Changing Corporation and State Behaviour?

Posted on

By Johanna Reichel, Second Year, LL.B. Programme.

With only nine years left until climate change becomes irreversible,[1] stopping or slowing it down becomes increasingly crucial every day. One judicial instrument among others to combat climate change is climate change litigation which is gradually perceived to change climate-related policy outcomes and corporate behaviour.

The most prominent case when talking about climate change litigation is Urgenda.[2]In this case, the Dutch Supreme Court ruled in favour of 900 citizens assisted by the Urgenda Foundation and ordered the government to reduce greenhouse gas emission (GHG) by at least 25% by the end of 2020.[3] This “show horse” of climate change litigation is an almost perfect example of invoking human rights to force States to act ‘greener’.

Climate change litigation cases, especially ones relying on human rights, are increasing.[4] When the defendant is the respective government, the claimants can rely on human rights. Especially the right to life[5] and the right to effective remedies[6] have been used more often strategically and successfully by NGO’s and individuals.

Urgenda paved the way for other individuals, such as Ashgar Leghari, a farmer in Pakistan, to hold their governments accountable via litigation. Mr Leghari challenged the Pakistani government for its failure to carry out core provisions of the National Climate Change Policy of 2012. He succeeded and the government was ordered to implement a climate adaption plan.[7]

In 2018, Colombia’s Supreme Court ordered the authorities to implement action plans to address deforestation in the Amazon,[8] another major cause of climate change. As the ‘lung of the world’, the Amazon Forest stores large amounts of carbon that would otherwise be released into the atmosphere and thereby increasing the world’s temperature.[9]

As demonstrated, climate change litigation is a tool to influence climate change law and policy. Nevertheless, as corporations are responsible for over 71% of global emissions,[10] holding them accountable is essential to stop climate change. However, as the provisions in the Human Right Charters are only addressed to public bodies, corporations cannot be held liable under them.[11] After failed attempts in the early 2000s,[12] the second wave of litigation rose with cases such as Huaraz Case[13] where Saúl Luciano Lliuya, a Peruvian farmer, is suing the German multinational energy company RWE in Germany to hold them accountable for their impact on climate change. He is basing his claim on the German Code of Civil procedure, yet the outcome must be awaited as SARS COVID-19 delayed the process.[14]

The precedent for climate change litigation against corporations was recently set in Milieudefensie v Shell.[15] In May 2021, Shell was ordered to cut their GHG by 2030 by 45%.[16] Relying on the Urgenda precedent and the fact that Shell’s GHG was twice as high as the Netherland’s, the court permitted the claim under the European Convention on Human Rights.[17]

Despite the fact that courts do not always rule in favour of the environment, corporations can be influenced to act ‘greener’ due to media coverage. ExxonMobile, for example, misled the public about climate change’s potential business risks to rationalize their behaviour by funding climate change denial front groups and spreading disinformation about climate science.[18] Despite winning the case, the subsequent public and financial scrutiny damaged their reputation, and their credit rating was downgraded.[19] In conclusion, climate change litigation is accurately seen as a tool to influence climate change policies and corporate behaviour. However, cases such as Urgenda and Milieudefensie, while demonstrating an ideal outcome, are rare and must be built upon. Milieudefensie, in particular, needs to be further observed as Shell will undoubtedly appeal the decision. Nevertheless, even unsuccessful cases can drive climate change action long term as public awareness is raised through media attention and a broad public discussion is forced.


[1] General Assembly, Only 11 Years Left to Prevent Irreversible Damage from Climate Change, Speakers Warn during General Assembly High-Level Meeting (28 March 2019) < https://www.un.org/press/en/2019/ga12131.doc.htm> accessed 18 May 2021

[2] Supreme Court of the Netherlands, 20 December 2019, ECLI:NL:HR:2019:2007, English translation ECLI:NL:2019:2007

[3]’Climate Case – Urgenda’ (Urgenda, 2019) <https://www.urgenda.nl/en/themas/climate-case/> accessed 18 May 2021;  Supreme Court of the Netherlands, 20 December 2019, ECLI:NL:HR:2019:2007, English translation ECLI:NL:2019:2007

[4] Elisa de Wit, Sonali Seneviratne and Huw Calford, ‘Climate Change Litigation Update’ (Nortonrosefulbright.com, 2020) <https://nortonrosefulbright.com/en/knowledge/publications/7d58ae66/climate-change-litigation-update> accessed 24 May 2021

[5] Universal Declaration of Human Rights 1848, art. 3; International Covenant on Civil and Political Rights 1966, art. 6

[6] Universal Declaration of Human Rights 1848, art. 8; International Covenant on Civil and Political Rights 1966, art. 2(3)

[7] Asghar Leghari v Federation of Pakistan (2015) W.P. No 25501/201

[8] Demanda Generaciones Futuras v. Minambiente 11001-22-03-000-2018-00319-01, para 3.

[9] Ross W. Gorte and Pervaze A. Sheikh ‘Deforestation and Climate Change’ (Congressional Research Service, 2010) < http://forestindustries.eu/sites/default/files/userfiles/1file/R41144.pdf> accessed 2 July 2021

[10] Tess Riley, ‘Just 100 Companies Responsible For 71% Of Global Emissions, Study Says’ (the Guardian, 2017) <https://www.theguardian.com/sustainable-business/2017/jul/10/100-fossil-fuel-companies-investors-responsible-71-global-emissions-cdp-study-climate-change> accessed 18 May 2021

[11] European Commission, ‘How to report a breach of your rights’ https://ec.europa.eu/info/aid-development-cooperation-fundamental-rights/your-rights-eu/how-report-breach-your-rights_en accessed 26 May 2021

[12] Michal Nachmany and Joana Setzer, ‘Global trends in climate change legislation and litigation: 2018 snapshot’ (2018) Graham Research Institute on Climate Change and the Environment < https://www.lse.ac.uk/granthaminstitute/wp-content/uploads/2018/04/Global-trends-in-climate-change-legislation-and-litigation-2018-snapshot-3.pdf> accessed 24 May 2021

[13] Agence France-Presse, ‘Peruvian farmer sues German energy giant for contributing to climate change’ The Guardian (14 November 2017) < https://www.theguardian.com/world/2017/nov/14/peruvian-farmer-sues-german-energy-giant-rwe-climate-change> accessed 24 May 2021

[14] Luciano Lliuya v. RWE AG Case No. 2 O 285/15 Essen Regional Court

[15] The Hague District Court, 26 May 2021, ECLI:NL:RBDHA:2021:5337, English translation ECLI:NL:RBDHA:2021:5339

[16] Roger Harrabin ‘Shell: Netherlands court orders oil giant to cut emissions’ BBC News (26 May 2021) < https://www.bbc.co.uk/news/world-europe-57257982> accessed 26 May 2021

[17] Milieudefensie v Shell [2019] District Court of The Hague < http://blogs2.law.columbia.edu/climate-change-litigation/wp-content/uploads/sites/16/non-us-case-documents/2019/20190405_8918_summons.pdf> accessed 26 May 2021

[18] Suzanne Goldenberg ‘ExxonMobil under investigation over claims it lied about climate change risks’ The Guardian (New York, 5.11.2015) <https://www.theguardian.com/environment/2015/nov/05/exxonmobil-investigation-climate-change-peabody> accessed 8 July 2021

[19] Megan Darby, ‘Shareholder Pressure Mounts On Downgraded Exxonmobil’ (the Guardian, 2016) <https://www.theguardian.com/environment/2016/apr/28/shareholders-pressure-mounts-on-downgraded-exxonmobil-climate-change> accessed 25 May 2021

Outstanding Student Representative of the Year

Posted on

Congratulations to LLB (Hons) Law student, Danielle Newton, for receiving the title of ‘Outstanding Rep of the Year’ for the Business and Law faculty. We caught up with Danielle about her journey as part of our Student Spotlight 2021.

Why did you want to become a student rep?

“My initial interest came after my first year at the university. Once my confidence grew, I wanted to be a voice for those who went unnoticed, the students who find it difficult to say how they feel and bring to light any issues they are having. I have been that type of student for years and I know exactly how it feels. I knew during a pandemic that the student representative programme could be the perfect asset for getting to know peers and staff alike. I felt the need to still maintain that contact irrespective of all the restrictions we were facing in the world. My hope was to make certain that my faculty’s year felt like a community!

Overall, Student representatives are of significant importance in encompassing the idea of acting on behalf of one body to promote change and success for all.”

What have you gained as a student rep?

“I have developed exceptional communication skills through volunteering as a student representative. The role itself relies on gaining feedback from peers to better establish a reliable working environment. Thus, I actively communicate with staff members and students to be a voice of reason and representation. All of this has been a great topic for conversation in recent interviews.

The most thoroughly rewarding part of the role was being able to make change for my cohort. Whether that be a deadline change, timetable change, teaching addition etc. Any small amount of change would bring with it great satisfaction. Alongside this, the programme gave me the opportunity to speak to various people. I have made many friends despite the virtual restrictions consequently adding to my university experience as a whole.”

What were the challenges you faced over the past year?

“It comes as no surprise that it has been an unprecedented year and with that came many challenges both in and out of university. I found adapting to virtual life hard. Communicating with lots of people in my role but never seeing faces was very strange! I recently came onto campus and have spotted a few of my lecturers who probably wouldn’t know who I am.

The main challenges lied with the shift in academic year dates. This change in schedule was difficult for students to adapt too – myself included. However, it has all been a learning curve and all the students and staff have worked exceptionally hard to try and get the most out of the academic year.”

What have you learnt?

“Foremost what I have learnt from my university experience is the power afforded to those who try hard and persevere to succeed. It may seem a silly concept but, what breaks away from those students who are academically gifted and those who try hard is that university doesn’t discriminate. One of my favourite quotes that I would think about when I competed in Athletics was “all men are created equal, some work harder in pre-season.” This concept is similar for university and you will be recognised for your efforts.

I felt like a slow burner here. I wasn’t academically gifted and I was so shy when walking onto campus for the first time. I had convinced myself I would drop out in the first 5 minutes. But I kept going and once I was ready, I was able to make the most out of my university experience. My advice would be, seize every opportunity given to you, don’t take life too seriously, enjoy the small things and most of all remember – fast success builds your ego but, slow success builds your character.”

Bristol Law School launch inaugural UWE Bristol Student Law Review (UWESLR)

Posted on

This week the Bristol Law School proudly launched the inaugural issue of the UWE Bristol Student Law Review (UWESLR), edited by Dr Tom Smith, which showcases undergraduate student law research at UWE Bristol.

The future of legal research is, like the legal profession, dependent on our current students. We believe it is essential to both encourage the efforts of our students and to assist in the development of their research and writing skills.

This publication intends to do so by showcasing outstanding examples of research by undergraduate Law students at UWE. This fulfills twin objectives: to reward their endeavours by sharing their work with a wider audience, and to demonstrate to both their peers and others the quality of the research produced by our future academics and lawyers.

This issue includes three articles; these are based on the submissions of undergraduate students as part of the final year Dissertations module for the Law and Joint Awards programmes.

Annie Livermore writes about the use of surgical and chemical castration in the treatment of sex offenders; Amber Rush writes about the regulation, reintegration and rehabilitation of child sex offenders; and Georja Boag writes about the identification, protection, support and treatment of victims of human trafficking. All have produced excellent and engaging pieces of research, and should be congratulated for their efforts.

The Review represents part of an ongoing effort to make students a part of the academic research community within the Department of Law at UWE Bristol. The research culture of any university should reach beyond the individual and collective activity of professional researchers; students should feel part of the scholarly environment in which they are learning.

It is hoped that the Review will help to create an unbroken chain between academic and undergraduate research. In doing so, researchers can pass on their expertise and experience to the next generation of scholars, and students can better develop their skills.

We hope you enjoy reading it! The full  UWE Bristol Student Law Review (UWESLR) is available to read and download here.

Bristol Law School students attend annual Eid on the Wharf party

Posted on

On 28th September a diverse group of law students from Level 1 to LLM responded to the opportunity to attend an annual Eid on the Wharf party hosted by Clifford Chance and the Association of Muslim Lawyers (AML).

Koser Shaheen, Chair of AML, offered free tickets to UWE law students to attend the networking event at Clifford Chance’s Canary Wharf offices.  Facilitated by Dr. Zainab Kahn, interested students worked together to prepare for the trip.

First year LLB students Kashif Imambaccass and Lizzie Greco-Turner reflected on their experiences:

“Having only been studying at UWE for two weeks, this was our first law networking event. We were awestruck walking into the imposing thirty floor skyscraper at Canary Wharf that houses Clifford Chance. Once we arrived at the venue, we were greeted by fellow UWE students, ranging from second year LLB to LLM students.

The opportunity to network with 250+ city professionals, who were very impressive leaders in their field, gave us an invaluable insight into what a legal career in law entails.

The highlight of our evening was interacting with Halim Uddin, an associate at Clifford Chance. Uddin was down-to-earth and friendly, willing to answer all the questions we had on the work required to become an elite lawyer.

In addition to the networking, the Eid party exposed us to a number of Islamic speakers and entertainers.  We felt humbled listening to an address by Mohammed Kozbar, chairman of the Finsbury Park Mosque, who recently received the Queens Award for Voluntary Services.  Also on top of the list of entertainment was the engaging and often funny speech by Lauren Booth, referred to as one of the most ‘fascinating Muslim Personalities of our time’.

As Law is often portrayed as an exclusive profession, it was refreshing to network with a diverse team of lawyers from a wide range of backgrounds. Thanks to our lecturer Kathy Brown, who believed in us; we have obtained a drive to excel, to work harder and pave the way to becoming the very best of who we are. Now, the idea of working for one of the ‘Magic Circle’ firms, seem slightly less daunting.”

In accordance with the inclusive nature of the activity, travel was funded for the students by the Bristol Law School.

 

Student blog post: On the basis of the Article ‘Port of Rotterdam Reveals Scale of Brexit Challenge’ discuss the legal issues relating to non-tariff barriers and trading standards imposed on imported goods.

Posted on

This post (edited for publication) is contributed to our blog as part of a series of work produced by students for assessment within the module ‘Public International Law’. Following from last year’s blogging success, we decided to publish our students’ excellent work in this area again in this way. The module is an option in the second year of Bristol Law School’s LLB programme. It continues to be led by Associate Professor Dr Noelle Quenivet. Learning and teaching on the module was developed by Noelle to include the use of online portfolios within a partly student led curriculum. The posts in this series show the outstanding research and analytical abilities of students on our programmes. Views expressed in this blog post are those of the author only who consents to the publication.

Guest author: Victoria Meller

One of the most discussed phenomena of recent times is the decision of the United Kingdom to leave the European Union, i.e. Brexit. While the exact implications of Brexit will only become apparent once the UK officially leaves in 2019, the departure will undoubtedly have consequences on the economic relations of the UK with the EU as well as with the rest of the world.

The focus of this blog post is on the effect of Brexit on trading standards, i.e. tariffs and non-tariff barriers on imported and exported goods. I will examine the challenges that UK businesses and consumers might face.

Tariff and Non-tariff Barriers

Tariffs are external taxes paid on imported and exported goods as they cross the border whereas non-tariff barriers are trading requirements on goods, such as certain quality certificates which need to be shown at the border, or quantitative measures such as quotas. States usually prefer to pay tariffs to abiding by non-tariff barriers as the latter can limit or prevent a certain type of product from entering a State.

One fundamental principle of international economic law is the principle of non-discrimination. It is imposed by the World Trade Organization on all its members and consists of two components: the Most Favoured Nation (MFN) treatment (Article I GATT 1994) which states that each trading partner must be treated equally and the national treatment (Article III GATT 94) which stipulates that foreign goods shall be treated in the same way as national goods. Exceptions to the principle (Article XIV) include preferential treatment towards developing nations (which goes against MFN but is for the greater good of disadvantaged nations) and being part of a regional free trade agreement. The UK, as a member state of the EU, is part of the single market and customs union, which operates as a tariff-free trade zone and applies the national treatment principle within its borders though it does discriminate against non-EU goods but is allowed to do so as it is a regional trade agreement.

In light of the article by Acton (Financial Times, 28 December 2017) this blog post highlights specific issues relating to the import of agricultural goods into the UK as it is claimed that 70% of imported food comes from the EU.

Price Rises

If the UK is unable to negotiate a free trade deal with the EU, then Brexit will result in the UK adopting the universal WTO tariffs as well as having the EU common external tariff of 2.3%  being imposed on it. This may result in price rises on foods such as fruits, vegetables, and wine which cannot be produced in the UK and are primarily imported from other EU States. As demonstrated in the table below, tariffs on e.g. dairy produce might rise to 39.9% on EU exports and 39.4% on UK exports. The higher prices would be caused by not only higher tariffs being placed on imports from the EU but also international imports entering the EU before reaching the UK. As the article explains, the latter situation is likely to happen since the UK does not have sufficiently large ports in comparison to EU ports such as Rotterdam.

 

Source: J Protts, ‘Potential Post-Brexit Tariff Costs for EU-UK Trade’, Civitas, October 2016, available here.

Double Control

Goods imported from outside the EU will go through a double border control which will inevitably cause delays. This will have the greatest impact on goods which rely on the just-in-time production system, such as food manufacturers (e.g. Kellogg’s). The just-in-time inventory system relies on manufacturers producing enough to meet demand, and only storing a limited amount of excess goods in inventory. Hence quick delivery onto shelves is essential. Double border control will mean double tariffs and non-tariff barriers such as certifications. This will affect the time they reach consumers and thus create costs for businesses.

As for non-tariff barriers, these will have huge implications on agricultural goods, as they are subject to stricter regulations and sanitary standards because of their public health consequences and fragile nature.

Non-tariffs 

Non-tariff barriers are believed to be 2-3 times the cost of tariffs on goods. With that in mind, sanitary standards and rules of origin (see Article IX GATT) of exported goods should remain strict for the UK post-Brexit. This will be to prevent the UK from acting as a ‘back door route for goods into Europe’. Since the UK will no longer be an EU member it may decide to relax trading standards, e.g. allow imports of chlorinated chicken which is banned across the EU. However, I think that the UK will nonetheless uphold most of the EU trading regulations and replicate them into its domestic law. This is because the majority of those regulations were voluntarily upheld by EU member states, as opposed to being imposed on them. In addition, as aforementioned, the UK does not possess sufficient ports for trading and so will likely continue to rely on EU ports. 

Source: Michael Acton ‘Port of Rotterdam Reveals Scale of Brexit Challenge’, Financial Times, 28 December 2017, available here.

Uncertain Future

Regardless of the many challenges that may initially arise due to Brexit, I think the UK could possibly benefit in the long run from withdrawing from the EU as it will no longer be restrained by the EU in terms of product standards and consequently be able to negotiate free trade deals on its own terms with any State and freely decide which tariffs and trading requirements to impose. I believe the UK will learn to adapt to this new set of circumstances, but only time will tell.

The African Prisons Project: Student blog

Posted on

The following blog post is part of a series of blogs on the Pro Bono Offering at UWE Bristol: 

One of the many strands of activity students can undertakes as part of the UWE Pro Bono Unit is with the African Prisons Project, led by Kathy Brown. This summer several students received the opportunity to travel to Kenya and Uganda to work directly with the prisoners in the prisons. This has provided valuable life experience for both the prisoners and the students. Here, LLB student Nakita Hedges reflects on her thoughts and experiences:

When driving from the airport I could see the corruption which segregated the rich from the poor almost immediately. The rich drove past me on their way to their gated houses, whilst the poor begged at my window and lay on the edge of the street. This is something I felt so detached from as my experience of this type of lifestyle only seemed to appear behind a TV screen. For me to see this as an actual problem was a hit of harsh reality and I didn’t know whether to feel thankful for my privileged life or awful that these people will never experience anything like it.

A similar feeling of contradicting emotions hit me when arriving at the prisons for the first time. I was aware these people were separated from the world by society who had reformed their identity with a label. Nevertheless, despite their injustice, every single student I met kindly greeted me with a handshake and smile. They were polite and insisted on me taking their seats even if it meant they would be standing for the duration of the lesson. I found it difficult to look into their eyes and accept their gratitude without feeling guilty that our little time here meant so much to them.

Their determination to learn was honestly such an empowering feeling to witness. Their level of dedication to their studies was something I had not ever seen before. If they have been set a task, each person exceeds expectations. Regardless of their lack of materials, each student would return with masses of information which they would provide examples and apply to the real world. After a few weeks of being here, our students were beginning to think like lawyers. They were analytical of their own and our work, challenging everything that was presented to them. Whenever we had a debate I almost wanted to remove their note sheet because they didn’t need a piece of paper to dictate their thoughts, it came so naturally to them. I soon learnt that their positive mental outlook was derived from their motivation to learn and make a difference for themselves seeing as nobody else was going to do it for them.

We were constantly reminded that we were “improving [their] lives” and “reforming [their] dignity”, however, for me I never thought of our students as criminals and it saddened me that it was only our presence which allowed them to feel like normal human beings. I have never thought so highly of anyone before, and I am honoured to have spent my summer with these people. They are human beings trying to achieve the same dreams as me. I hope to reassure them that they have not been neglected by humanity and despite their circumstances are recognised as human beings and not by their label.

For more information on the African Prisons Project, please see here. To find out more about the UWE Pro Bono Unit please see here.

 

 

 

 

Commonwealth Games Success for Bristol Law School Alumni

Posted on

Bristol Law School alumni Eboni Beckford-Chambers wins gold 2018 Commonwealth Games in Australia.

Eboni  won gold with the women’s Netball team, which beat Australia dramatically with a last second goal. Eboni is a trainee solicitor at the firm of Mogers in Bath and is due to qualify as a solicitor in September. She studied her LPC at UWE in 2010/11, and then concentrated on her netball career, playing in Australia for West Coast Fever and the Adelaide Thunderbirds. She moved back to Bath in 2015 and is currently captain of Team Bath. Before taking up a position at Mogers, Eboni paralegalled in both Australia and the UK.

Congratulations to Eboni and the rest of the team on this impressive achievement!

Environmental Law Student Conference 2018

Posted on

Elena Blanco, Associate Professor and Acting Head of the Environmental Law Research Unit hosted this year’s event at UWE on 14 March. Now in its fourth year, the Environmental Law Student Conference provides students with an opportunity to present on topics featured in their studies of environmental law, globalisation and natural resources law. Students of Environmental Law from our undergraduate (LLB) and postgraduate courses (LLM and PhD) were joined by students from the Universities of Cardiff and Swansea. The conference also provides the opportunity to network, socialise and share ideas with students from different law schools in the region.

The organising student committee at UWE was integrated by Cleverline Brown (PhD student); Siti Binti  Rosli (LLM) and Saluuga Hassan (LLB 3rd year). The students selected the different panels: on Human Rights and the Environment; Climate Change and Trade, Technology and the Future of Environmental Challenges. A variety of students from UWE and Cardiff University participated by giving excellent, provocative and confident presentations and engaging on an open and lively discussion with the audience. Students from Swansea chaired panels and contributed to the discussion.

The day was inspiring and engaging with a wide range of topics featured in the presentations including, pollution caused by business activities, environmental pollution, access to water in Israeli occupied Palestinian territories, the need for supranational governance on Climate Change and, the legal implications of  alternatives on environmental discourses. From the practical and topical to the conceptual our students showed a keen interest on environmental and sustainability matters as well as in being ‘part of the solution’ to environmental challenges from a variety of political and conceptual points of view.

This year a prize was offered to the best presentation by the United Kingdom Environmental Law Association (UKELA), Wales Working Party. The presentations are to be judged by members of UKELA WWP who are legal professionals from Cardiff-based chambers and law firms. The winner will be granted a year’s free membership of this organisation!

The twenty four participants found the event extremely valuable, well organised and run, fun, fluid and well spaced out with a great balance of time to share views and informal discussion and some more formal presentations.

Individuals commented (on the feedback sheets returned to the organisers) on how much they enjoyed the opportunity to present in public beyond the classroom and beyond their own university but among such a friendly and welcoming like-minded group of people.

Thomas Neill, a final year LLB student at Swansea University, said: “I found the conference really enjoyable, there were a high quality and varied set of presentations which lead to some really interesting debates. It was also good to be able to network with students from other law schools and hear their thoughts on the issues facing environmental law and enforcement. I found it refreshing to have a wider discussion on environmental law rather than focusing on the issues relevant to my own course.”

Tobechukwu Kanayo Okonkwo, another final year LLB student who attended, said: “My time at the Environmental Conference was an enlightening experience. It allowed me to meet like-minded people and open my mind to different perspectives concerning the environment.”

Our talented students found the experience extremely valuable and offered them the opportunity to gain invaluable skills and to showcase their fantastic work further

Former Bristol Law Society President donates collection to UWE Bristol Law School

Posted on

John Lyes, a past president of Bristol Law Society, has donated his collection of books and materials on the history of the legal profession with especial focus on the legal profession of Bristol to UWE. Amongst the papers were a copy of John’s own history of the first two hundreds of Bristol Law Society, his monograph about the early history of the solicitors’ profession, and a pristine copy of the 1959 Solicitors Finals Exams.

Handing the papers over to Marcus Keppel-Palmer (Law), John said that he could not think of a better home for the collection given UWE’s history in the teaching of professional vocational courses.

John was in fact one of the very first graduates from UWE’s law programme. However, at the time this was the Bristol College of Commerce which taught the London External Law Degree at the time. After doing National Service, John worked at the Customs & Excise Department, before taking night school classes to study for a Law degree. One of the lecturers at the time was Alan Lamb, who offered John a position with his firm for John to do the necessary three year period of articles. John was in the very first intake to be paid – articled clerks had previously had to pay to do articles – and he was paid the princely sum of £4 a week.

John sat the Finals Exams in 1959, consisting then of 12 three hour papers taken over a week and a half, before qualifying as a solicitor in 1960. He then rose through the ranks of the firm that was Lawrence Tucketts, now a part of TLT, being the managing partner of the Kingswood Office. The office is now a Thai Restaurant. John was active in the Bristol Law Society, becoming President in 1980. One of his achievements during the year of office was to inaugurate the regular visits between the Bristol Law Society and the Bar of Bordeaux, the latter being twinned with Bristol. John recalls that the latter Bar was motivated in part by changes in French tax laws which meant that undrunk wine was to be taken into account for taxation, unless it was used for business purposes!

After retiring from practice, John pursued his passion for local history, enrolling at UWE and doing a MA in Local History at St Matthias, which led to him publishing monographs on the history of the local legal profession and also the history of Bristol Law Society. Most recently, to mark the hundred year anniversary of the Great War, John published a monograph, in conjunction with Bristol Law Society, on the Bristol Law Society during the First World War.

UWE Law students win big at two national mediation competitions

Posted on

Bar Professional Training Course (BPTC) students, David Forster and Sara Harrison-Fisher, represented UWE Bristol at the Worshipful Company of Arbitrators Mediation Competition in London on 19-21 January, competing against teams from other Universities, trainee solicitors and pupils.

They walked away with prizes for the Best University Team and the Past Master Karl Davies Memorial Award which was awarded to the team with the Most Creative Solution.

Lucilla Macgregor who, along with her fellow BPTC tutor Sara Whiteley, mentored the pair in preparation for the competition said:

“David and Sara did extremely well in the face of stiff competition.  This is the second time in two years that UWE BPTC students have won a prize at this event, which gives them a fantastic opportunity to practice their advocacy and negotiation skills in front of accredited mediators”.

BPTC students and tutors

The following weekend saw Law undergraduates, Jade Trill, Callum Tucker, James Hathaway and Jack Kaczanowski, competing in the UK National Student Mediation Competition, held at ULaw in London.

The team won the awards for Best Mediation Team, Best Mediator (Jade) and Second Best Mediator (Callum), beating undergraduate and post-graduate teams from 16 universities around the UK.

Their coach, Rachel Wood, said:

“This is a fantastic achievement for the team, particularly as this is the first time we have entered the National Competition.  The students have studied mediation and practised their skills in our internal UWE Mediation Competition. It is wonderful to see their skills being recognised by professional mediators judging them in a national competition”.

UWE Bristol now expects to host the UK National Student Mediation Competition in January 2019.