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NewsSir William Dale Centre
CENTRE ADVISES KIEV MOCHYLA ACADEMY
The Sir William Dale Centre for Legislative Studies
recently received Mr Olexander Kopylenko, draftsman,
senior legal counsellor to the Ukrainian Parliament and
professor at the Kiev Mochyla Academy, for a short
mentoring visit. The Academy is in the process of
developing a course in legislative drafting and, with theTo o o '
assistance of DFID and the College of Law, received advice
and materials from the Centre related to the organisation,
administration and content of the proposed course.
Further mentoring visits are proposed.
The Sir William Dale Centre has also completed a study
on disciplinary proceedings and their relationship with
criminal proceedings under the laws of EU Member
States. National experts from 15 Member States took part
in this project, which was funded by the Legal Service of
the European Commission and co-ordinated by Dr Helen
Xanthaki, Academic Director of the Centre. The study
aimed to provide a composite summary of the national
legal positions of Member States as to the access of judges
and prosecutors to evidence from disciplinary
proceedings, and to the legal value of such evidence and
indeed disciplinary decisions in a criminal trial. According
to the findings of this study, evidence collected within the
framework of disciplinary proceedings are accessible to
judges and prosecutors in most EU Member States, albeit
under the general confidentiality rules applicable to all
information of possible use to a criminal trial. An
exception to the access rule is the Dutch legal position,
where judges and prosecutors cannot request access to
such information, and Belgium, where prosecutors are
prohibited from using such evidence. Moreover, the study
demonstrated that evidence from disciplinary
proceedings, including the decision of the disciplinary
tribunal, are assessed by the criminal judge at discretion.
However, they tend to be considered inadmissible in Italy,
Spain and the UK. Further information on this study can
be obtained by application to Dr Helen Xanthaki.
HELEN XANTHAKI APPOINTED TO CORPUS JURIS PROJECT
The Centre is delighted to announce that Dr Helen
Xanthaki has been appointed as an EU expert in the
current phase of the Corpus Juris project funded by the
European Commission and coordinated by the Academy
of European Law in Trier. The project, which is supervised
by Francesco de Angelis, Director of DG External
Relations, aims to examine the compatibility of the
national laws of accession countries with the provisions of
the Corpus Juris. Dr. Xanthaki will concentrate on the
issues of settlement of disputes and recovery of
misappropriated EU funds.
EDWARD CALDWELL SPEAKS AT JOINT SEMINAR
Edward Caldwell, First Parliamentary Counsel, was the
speaker at the last of the series of evening seminars
organised jointly by the Sir William Dale Centre and the
Statute Law Society. He analysed in detail the recent
developments in the legislative process.
DALE MEMORIAL LECTURE
The first Sir William Dale Memorial Lecture will be
given by Judge Rosalyn Higgins QC on 2 July from 6-7pm
at the Chancellor's Hall, Senate House (title to be
confirmed. @
14
W G Hart Legal Workshop 2001
This year's W G Hart Legal Workshop is entitled
'The changing work and organisation of lawyers
and its education implications', and will take place
from 26-28 June 2001 at the IALS. The joint Academic
Directors are Professor Avrom Sherr, Woolf Professor of
Legal Education, IALS, and Professor David Sugarman of
the University of Lancaster, who have received a range of
papers.
This year's workshop will centre around the law school
curriculum, the factors which form its core content, and
the criticisms being made of legal education. Pressureso o
created by factors such as client needs in industry and
commerce, the pace of change and plobalisation will be' L o o
examined. The workshop will ask questions, including
does legal education keep pace with legal practice? Should
it do so? If not, what should legal education do?
If you would like to attend the workshop, please
register your interest now with Belinda Crothers at the
IALS, 17 Russell Square, London WC1B 5DR (tel: 020
7862 5841; email: [email protected]). Places are
limited, and being allocated on a 'first come first served'
basis. Further information is available from the Academic
Directors Avrom Sherr (email: [email protected]) and
David Sugarman (email: [email protected]).
Amicus Curiae Issue 34 March/April 2001
IALS EventsIALS Conference
Wednesday 23 May 2001
Taking the profit out of corruptionInstitute of Advanced Legal Studies
Organised by:
The Institute of Advanced Legal Studies, University of
London
The International Chamber of Commerce's Commercial
Crime Services
The Centre for Financial Regulation, City University
Business School
The Centre for International Documentation on
Organised and Economic Crime (CIDOEC)
1.3 Opm Registration
2.00pm In induction
PROFESSOR BARRY A K RIDERDirector, Institute of Advanced Legal Studies and
Executive Director of CIDOEC, Fellow Commoner of
Jesus College, Cambridge and former Chief
Commonwealth Fraud Officer, Commonwealth Secretariat
MR TOBY GRAHAMTaylor Joynson Garrett and Convenor of the Expert
Working Group of the Society for Advanced Legal Studies
on Anti Corruption
2.1 Opm Opening Addresses
SIR FRANKLIN BERMANformer Legal Advisor to the Foreign and Commonwealth
Office
Mr William Blair QC3 Verulam Buildings
o
DR MADS ANDENASDirector of the British Institute of International and
Comparative Law, Secretary General, International
Federation of European Law and Fellow of Harris
Manchester College, University of Oxford
3.00pm Corruption: a threat to stability and development
MR RICHARD NZEREMDirector of the Sir William Dale Centre for Legislative
Studies (IALS) and the former Director of Legal and
Constitutional Affairs, Commonwealth Secretariat
PROFESSOR PETER NOLANJudge Institute of Management, University of Cambridge
and Fellow of Jesus College, Cambridge
DR DENNIS OSBORNEConsultant and former H M High Commissioner to
Malawi
3.45pm Corruption and economic crime: a risk to national
security
PROFESSOR BARRY A K RIDERDirector, Institute of Advanced Legal Studies
4.10pm Tea and coffee
4.30pm International co-operation in policing corruption
MR MIKE DIXONEconomic Crime Desk, ICPO Interpol, London,
National Criminal Intelligence Serviceo
MR PETER LOWEICC Commercial Crime Services
5.00pm Using the civil law to recover the proceeds of
corruption
MR TOBY GRAHAMTaylor Joynson Garrett and Convenor of the Expert
Working Group of the Society for Advanced Legal
Studies on Anti Corruption
5.1 5pm The role of the criminal law in discouraging the
laundering of the proceeds of corruption
MR ROBERT RHODES QC4 King's Bench Walk
o
5.45pm Good governance and the responsibility ojjinancial
intermediaries in discouraging grand corruption
DR CHIZU NAKAJIMADirector, Centre for Financial Regulation, City University
Business School
MR JASON HAINESResearch Fellow in Financial Regulation and Compliance,
IALS
Amicus Curiae Issue 34 March/April 2001
6.15pm The US experience and international initiatives
DR KERN ALEXANDERThe Butterworths Senior Research Fellow in International
and Financial Regulation, IALS
MR PETER LOWEICC Commercial Crime Services
6.45pm An international panel discussion
CHAIRMAN: PROFESSOR JOHAN HENNINGDean of Law, University of the Orange Free State, RSA and Director of the Centre for Corporate Law and
Practice, IALS
DR YE FENGDirector General, International Affairs, Supreme Peoples
Procturate, PRC
PROFESSOR ABDUL TALAT RASHIDUniversity of Malaysia
MS DOUNGKAMOL BFIANALAPHDhurakijpundit University, Thailand
MR ERASMO LARA-CABRERAAttorney, Mexico
MS EVALUZ COTTO-QUIJANOUniversity of Puerto Rico
IALS Lectures
MR GRAHAM RITCHIE(IALS) Turkey
MS ANNA MARKOSVSKYA(City University) Ukraine
MS SILVIA FAZIOAttorney, Brazil
7.15pm Closing remarks
PROFESSOR BARRY RIDERDirector, IALS
PROFESSOR AVROM SHERRWoolf Professor of Legal Education, IALS
MR KEVIN CHAMBERLAINBarrister, Consultant to the Department for International
Development and former Deputy Legal Advisor to the Foreign and Commonwealth Office
Cocktails hosted by the Institute of Advanced Legal Studies
Close: approximately 8.30pm
The conference fee is £50 (£37.50 for members of the
Society for Advanced Legal Studies). For further
information please contact Belinda Crothers at the Institute
of Advanced Legal Studies (tel: 020 7862 5841;o v '
email: [email protected]). @
Thursday, 24 May PROFESSOR D R THOMASDirector of the Institute of International Shipping and
Trade Law, University of Swansea
Limitation of liability in shipping law: some contemporary
perceptions
Thursday, 31 May PROFESSOR TAKIS TRIDIMASFaculty of Law, University of Southampton
Free movement of companies and financial services in the case law
of the EC]
Monday 11 JunePROFESSOR BRIAN BERCUSSONProfessor of Law, King's College London
' o o
New developments in EU social and labour law
ADMISSION FREE - ALL WELCOME
These lectures are scheduled for 6pm-7pm at the IALS,
and drinks and light refreshments will follow. Each of
these lectures is eligible for one Law Society 'CPD' hour
and one general Council of the Bar 'NPP' hour. Thoseo
wishing to obtain CPD and NPP accreditation musto
register on the evening of each lecture.
Anyone wishing to attend, or requiring further details, should contact Belinda Crothers at the Institute of Advanced Legal Studies (tel:
020 7862 5841; email: [email protected]). ®
16
Legal Skills Research Group 2001 Seminar SeriesWednesday, 4 July "" PROFESSOR PATRICIA HASSETTSyracuse Law School
Assessment of law faculty performance: should law schools practice
what they teach?
The seminar will be held at the IALS at 1pm, and light
refreshments will be available from 12.30pm. For further
information contact Nigel Duncan (tel: 020 7400 3629)
or Professor Avrom Sherr (tel: 020 7862 5859).
Amicus Curiae Issue 34 March/April 2001
Company Lawyer LecturesMonday, 14 May LISA LINKLATERBarrister, Chancery House Chambers, Leeds
The market abuse regime — setting standards in the 21stCentury?
Wednesday 20 JuneVANESSA FINCHSenior Lecturer in Law, London School of Economics
JUDITH FREEDMANReader in Law, London School of Economics
Limited liability partnerships — much ado about nothing?
ADMISSION FREE - ALL WELCOME
The Company Law Lectures are scheduled for 6pm-
7pm at the IALS, and drinks and light refreshments will
follow. Each of these lectures is eligible for one Lawo
Society 'CPD' hour and one general Council of the Bar
'NPP' hour. Those wishing to obtain CPD and NPPo
accreditation must register on the evening of each lecture.
Anyone wishing to attend, or requiring further details,
should contact Belinda Crothers at the Institute of
Advanced Legal Studies (tel: 020 7862 5841; email:
bcrother.sas.ac.uk). ®
Taxation Working Group begins work on Revenue report
The task of compiling a report on the powers and
organisation of the Inland Revenue was discussed by a
meeting of the SALS Expert Working Group on Taxation
which took place at the Institute on 21 February. Among
those present were legal and accountancy practitioners,
academics, and former members of the Inland Revenue
now working for major accountancy firms or engaged in
other forms of consultancy activity. The group is chaired
jointly by David Goldberg QC and Brian Cleave QC.
In broad terms the central task of the group is focussed
on establishing what the Revenue is authorised to do by
statute, what it is actually doing, and how it is doing it.
Among the issues identified were the need to consider the
scope of the present study; the impact of the Keith
Committee recommendations (the Committee on
Enforcement Powers of the Revenue Departments, which
published its report in March 1983); and the implications
of the Human Rights Act. The need for research assistance
was raised, and an advertisement seeking a suitable
postgraduate has been placed in the IALS and the various
schools of law within the University of London.
Mr Goldberg will be holding another meeting shortly to
agree terms of reference for the project and organise sub
groups accordingly.
Those attending were: David Goldberg QC and Briano o ^-
Cleave QC (joint chairmen); Dr John Booth, Martyn
Bridges (Deloitte &Touche), Bob Brown (Ernst & Young),
Ms Heather Corben (S J Berwin), Alasdair Douglas
(Managing Partner, Travers Smith Braithwaite), Ronald
Downhill (Berwin Leighton), Michael Furness QC,
Malcolm Gammie (1 Essex Court), Mark Green (Scottish
Equitable), Mrs Natalie Lee (University of Southampton),
David Martin (Herbert Smith), Alastair Munro (Deloitte
& Touche), Professor John Tiley (University of
Cambridge), Edward Troup (Simmons & Simmons),
Andrew Watt (Director of Tax Investigations, WJB
Chilterns Pic), Ms Elizabeth Wilson (chambers of Andrew
Thornhill QC), Ms Tracy Paradise (Secretary of
the SALS), Julian Harris (Senior Information Officer,
IALS). ®
SALS EventsSALS SeminarTuesday 8 May
Planning simplificationSALS Planning and Environmental Law Reform Working
Group
NICK DAVIESPresident, Royal Town Planning Institute
PROFESSOR MALCOLM GRANTUniversity of Cambridge
CHARLES MYNORS2 Harcourt Buildings
o
THE RT HON LORD JUSTICE KEENE (CFIAIRMAN)
The seminar will be held at 6.30pm at The Royal Town
Planning Institute, 26 Portland Place, London WIN 4BE.
Please contact Judy Woollett to register (tel: 020 7636
9107; email: [email protected]). ® 17
Amicus Curiae Issue 34 March/April 2001
SALS Lectures
Thursday 17 May MICHAEL TUGENDHAT QC5 Raymond Buildings
Privacy and celebrity
Wednesday 6 JuneSALS AGM and Fourth Annual Lecture (3-7pm)
SPEAKER AND SUBJECT TO BE CONFIRMED (open to all)
All events will take place at the Institute of Advanced
Legal Studies, Charles Clore House, 17 Russell Square,
London WC1B 5DR at 6pm unless otherwise stated, and
will be followed by a reception. NPP and CPD points are
available for these events. Attendance is free for SALS
members, and £5 (payable at the door) for non-members.
Please contact the Society for Advanced Legal Studies
Office prior to attendance to confirm that the event is
taking place and to register (tel: 020 7862 5865; fax: 020
7862 5855; email: [email protected]). ®
c,0 CIE7>
^
THE SOCIETY FOR ADVANCED LEGAL STUDIES
NOTICE OF AGMNOTICE is hereby given that the Annual General Meeting of the Society will be held at the Institute for Advanced Legal Studies, Charles Clore House, 17 Russell Square, London, WC1B 5DR on Wednesday 6 June 2001 at 4.30 pm for the transaction of the following:
1. To receive and approve the annual report of the Executive Committee on the Society's activities.
2. To receive and approve the accounts for the year ending 31 May 2000.
3. To re-elect Professor Harry Rajak as a member of the Executive Committee.
4. To re-appoint Knox Cropper as auditors and authorise the Executive Committee to fix their remuneration.
5. To consider nominations for and .to make appointments to the Advisory Council of the Society.
BY ORDER OF THE EXECUTIVE COMMITTEE
Notes:
The Annual Report and Accounts will be available for inspection by members from 10.00 am on
Wednesday 6 June 2001 at the above address. The Annual Report will also be available on the Society
website: http ://www. ials. sas.ac . uk/SALS/society.htm
A member entitled to attend and vote at the meeting is entitled to appoint a proxy to attend and vote instead
of him/her; a proxy need not be a member.
For the purposes of item 5, a list of persons who have indicated their willingness to serve as members of the
Advisory Council will be made available to members at the AGM.
18
Amicus Curiae Issue 34 March/April 2001
IALS Law Commission Seminar
PARTNERSHIP LAW FOR THE NEW MILLENNIUM
Monday 4 JuneConference on Partnership Law Reform organised by the Centre for Corporate Law and Practice of the Institute of Advanced Legal Studies, University of London under the joint auspices of The Law Commission for England and Wales and The Scottish Law Commission
Venue: Senate House, University of London,
Russell Square
9.00am Registration and coffeeo
9.3Oam Welcoming Address
PROFESSOR JJ HENNINGDirector of the IALS Centre for Corporate Law and
Practice, and Dean of the Faculty of Law of the
University of the Free State
9.40am The Law Commissions' Proposals
CHAIR: PROFESSOR B A K RIDERDirector of the Institute for Advanced Legal Studies
SIR ROBERT CARNWATHChairman of The Law Commission for England and
Wales
JUDGE DIANA FABERCircuit Judge and former Law Commissioner
MR PATRICK HODGE QCLaw Commissioner, The Scottish Law Commission
10.30am A Viewjrom the Bench
CHAIR: PROFESSOR JJ HENNING
THE RT HON THE LORD MILLETTLord of Appeal in Ordinary
11.00am Coffee
1 1.30am Views from the Profession
CHAIR: JUDGE DIANA FABER
MR TONY SACKERKingsley Napley
MR MICFIAEL BRIGGS QC
SERLE COURT
MR COLIN FVES FCASmith & Williamson
12.3 Opm Panel Discussion
CHAIR: SIR ROBERT CARNWATH
1.00pm Lunch
2.15pm The Viewjrom Academia
CHAIR: PROFESSOR PAUL DAVIESCassell Professor of Commercial Law, London School of Economics
PROFESSOR H H RAJAKProfessor of Law and Head of Department, University of
Sussex
PROFESSOR A J BOYLEEmeritus Professor of Law, University of London
MRS JUDITH FREEDMANReader in Law, London School of Economics and Professor Elect, University of Oxford
MRS JENNIFER PAYNEFellow of Merton College, University of Oxford
3.30pm Views Jrom other jurisdictions
CHAIR: DR MADS ANDENASDirector, British Institute of International and Comparative Law, and Senior Research Fellow at the IALS and the University of Oxford
MR MICFIAEL TWOMEYConsultant in Partnership Law PROFESSOR JJ HENNING
PROFESSOR L S SEALYEmeritus Professor of the University of Cambridge
DR KERN ALEXANDERThe Butterworths Senior Research Fellow, IALS
4.15pm Tea
4.45pm Panel Discussion
CHAIR: MR PATRICK HODGE QC
MR MICFIAEL TWOMEY
PROFESSOR L S SEALY
PROFESSOR H H RAJAK
PROFESSOR A J BOYLE
MRS JUDITH FREEDMAN
5.30pm Summary and Close
PROFESSOR JJ HENNING
SIR ROBERT CARNWATH
6.00pm Reception hosted by the Society for Advanced Legal Studies
Registered Delegates attending this conference will qualify for a
total of 6 Law Society CPD Points and General Council of the Bar
NPP Points.
If you have any queries about this conference please contact Belinda
Crothers, Institute of Advanced Legal Studies, 17 Russell Square,
London WC1B 5DR (tel: 020 7862 5841;
email [email protected]), or the Director's Secretary
(tel: 020 7862 5838: email: [email protected]) ®19
Amicus Curiae Issue 34 March/April 2001