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: bcrother@sas.ac.uk). Places are

limited, and being allocated on a 'first come first served'

basis. Further information is available from the Academic

Directors Avrom Sherr (email: a.sherr@sas.ac.uk) and

David Sugarman (email: d.sugarman@lancaster.ac.uk).

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: bcrother@sas.ac.uk). @

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: bcrother@sas.ac.uk). ®

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: judy.woollett@rtpi.org.uk). ® 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: sals@sas.ac.uk). ®

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 bcrother@sas.ac.uk), or the Director's Secretary

(tel: 020 7862 5838: email: ialsdirsec@sas.ac.uk) ®19

Amicus Curiae Issue 34 March/April 2001