0:00:02 > 0:00:06For almost 100 years, our justice system has been a hidden world.
0:00:06 > 0:00:09Cameras are banned in courts here.
0:00:09 > 0:00:11Much of the work goes unreported.
0:00:12 > 0:00:16Historically, our knowledge of this world has been based on TV dramas,
0:00:16 > 0:00:19artist's impressions and newspaper headlines.
0:00:20 > 0:00:22But now, for the first time,
0:00:22 > 0:00:26one legal institution has allowed the cameras in.
0:00:26 > 0:00:29This is the world of the barristers.
0:00:31 > 0:00:33The public want to know what we do,
0:00:33 > 0:00:36they're entitled to know what we do.
0:00:36 > 0:00:38And we feel we have a responsibility and duty
0:00:38 > 0:00:42to therefore inform the public of what it is we actually do
0:00:42 > 0:00:44as part of the administration of justice.
0:00:46 > 0:00:50For 15 months, we followed barristers as they worked,
0:00:50 > 0:00:52gaining an insight into our legal system
0:00:52 > 0:00:55and the problems faced in every area of life.
0:00:58 > 0:01:00In the nine years that I've been practicing
0:01:00 > 0:01:03I recall on occasions at the start there would only have been
0:01:03 > 0:01:07in and around 30 cases on the list, and now there's up on 60 per day.
0:01:11 > 0:01:13The pylons relate to the fact that these
0:01:13 > 0:01:16pylons are sitting on people's land, they're essentially
0:01:16 > 0:01:20sitting on peoples land and we've asked NIE to remove them.
0:01:20 > 0:01:23With thousands of cases going through the courts every month,
0:01:23 > 0:01:26and hundreds of barristers and solicitors,
0:01:26 > 0:01:28this series is a snapshot of their world.
0:01:41 > 0:01:43This building is the Bar Library in Belfast.
0:01:43 > 0:01:48It's where the majority of Northern Ireland's 720 barristers work from.
0:01:48 > 0:01:51They all pay a fee to use it as their office.
0:01:51 > 0:01:55It's also their professional body with its own code of conduct.
0:02:03 > 0:02:06This is the ground floor of the new Bar Library.
0:02:08 > 0:02:12This is a working office, it's a working space for the membership.
0:02:12 > 0:02:16- Hi, Steven. How's you? - Not too bad.
0:02:16 > 0:02:18The members of the public and solicitors
0:02:18 > 0:02:19get as far as the front doors
0:02:19 > 0:02:22and other than consultation rooms, they don't get into here.
0:02:22 > 0:02:24So this is a first, to have the cameras in here.
0:02:31 > 0:02:34A barrister plays a very important role in society.
0:02:34 > 0:02:37A barrister's job, first and foremost,
0:02:37 > 0:02:39is to represent the client,
0:02:39 > 0:02:43to do your level best for every client that you come upon.
0:02:45 > 0:02:48It's dedicated commitment, it's hard work,
0:02:48 > 0:02:51it's putting in hours well beyond nine to five.
0:02:51 > 0:02:54And to the outside world, that probably is not seen
0:02:54 > 0:02:57because most people never come in contact with the Bar.
0:03:00 > 0:03:05There are two types of lawyer - barristers and solicitors.
0:03:05 > 0:03:08Traditionally, if you have a problem, you go to your solicitor.
0:03:08 > 0:03:12They bring in barristers if your problem is very complicated.
0:03:13 > 0:03:17We come into a case and we bring our expertise
0:03:17 > 0:03:20to present the case on behalf of the client.
0:03:20 > 0:03:23We are not a solicitor. We perform a different role.
0:03:27 > 0:03:29The role of the solicitor is there
0:03:29 > 0:03:33and has perhaps built up a very personal relationship,
0:03:33 > 0:03:36working relationship, over a number of years
0:03:36 > 0:03:37with a family or the client.
0:03:37 > 0:03:39That's not our position.
0:03:39 > 0:03:40We are there to advise on the law,
0:03:40 > 0:03:43we are there as the advocate in the courtroom,
0:03:43 > 0:03:47to bring our skills in terms of presenting the client's case.
0:03:49 > 0:03:51We are not there to judge anyone.
0:03:51 > 0:03:54We are there to be objective and impartial and professional.
0:03:54 > 0:03:57And part and parcel of the work of the barrister,
0:03:57 > 0:04:00and perhaps one of the qualities of the barrister,
0:04:00 > 0:04:04is to ensure objectivity, is to ensure you don't judge people, you don't pre-judge them.
0:04:04 > 0:04:07I'm not here to make a decision whether someone's innocent or guilty.
0:04:07 > 0:04:08I'm here to represent them.
0:04:10 > 0:04:14Sometimes law is simply about how people live their lives.
0:04:14 > 0:04:18Family law is rarely publicised, to protect the privacy of children.
0:04:18 > 0:04:21Orlagh McGahan is a children's law barrister.
0:04:21 > 0:04:25She's handled 1,700 cases in nine years.
0:04:25 > 0:04:26I specialise in children's law
0:04:26 > 0:04:30and something I've learned over the years is really that
0:04:30 > 0:04:34the only thing you need to end up in a children's court is a child.
0:04:35 > 0:04:37I think there's a misconception
0:04:37 > 0:04:39that people only get embroiled in the law,
0:04:39 > 0:04:41and with legal advisors and barristers,
0:04:41 > 0:04:43if they've done something wrong.
0:04:43 > 0:04:45But there are children's law proceedings,
0:04:45 > 0:04:50and they can range very simply from a couple who've broken up and can't agree
0:04:50 > 0:04:53who has contact at what time and who the children stay with,
0:04:53 > 0:04:57right away along the spectrum to intervention from social services,
0:04:57 > 0:05:01and then moving on even further if the concerns are so sufficiently
0:05:01 > 0:05:04serious that the children can actually be ordered by the court
0:05:04 > 0:05:07to be freed for adoption, and adopted and taken off their parents.
0:05:07 > 0:05:09So the spectrum's pretty wide.
0:05:11 > 0:05:13Children's law is challenging.
0:05:13 > 0:05:14It has to cut through emotions
0:05:14 > 0:05:17to find the best solution for the child.
0:05:19 > 0:05:21What I enjoy about it particularly
0:05:21 > 0:05:24is trying to help people sort out some very basic day to day problems
0:05:24 > 0:05:27that they will have with the children,
0:05:27 > 0:05:30with their partner, the ex-partner.
0:05:30 > 0:05:34There are many other areas of law that are much more academic
0:05:34 > 0:05:35and about the legislation
0:05:35 > 0:05:38and the nuances and the intricacies of the legislation,
0:05:38 > 0:05:41but I'm not particularly that interested
0:05:41 > 0:05:42in that kind of academic law.
0:05:42 > 0:05:46I like having clients every day, hearing what's going on with them
0:05:46 > 0:05:47and seeing how I can help.
0:05:51 > 0:05:54Orlagh's working for a parent whose children were taken into care.
0:05:54 > 0:05:58Previously, a judge made an order saying when she could see them.
0:05:58 > 0:06:02But for some reason, the contact isn't happening.
0:06:02 > 0:06:04They've not been able to sort it out,
0:06:04 > 0:06:07so now the only option is a barrister and court.
0:06:14 > 0:06:16I'm reliably told from Leanne that the judge made
0:06:16 > 0:06:18a very particular order in relation to your contact,
0:06:18 > 0:06:21- which was to be once a fortnight with the kids.- Yes.
0:06:21 > 0:06:25Right. So, today's me finding out any additional information
0:06:25 > 0:06:27over and above what Leanne's given me
0:06:27 > 0:06:30for us to put into a statement of evidence to give it to the court.
0:06:30 > 0:06:35'This case is formed around an application for contact.
0:06:35 > 0:06:37'The individual that I represent'
0:06:37 > 0:06:42had her children removed from her and put into foster care.
0:06:42 > 0:06:45That was an extremely lengthy proceedings which concluded
0:06:45 > 0:06:48in and around a-year-and-a-half ago.
0:06:48 > 0:06:51What way was it working? Were you going down to them, or what?
0:06:51 > 0:06:53No, they were coming to me.
0:06:53 > 0:06:56- How were they coming to you?- Taxi.
0:06:56 > 0:06:59'For parents, there's inevitably a level of contact that they have
0:06:59 > 0:07:02'with their children, even though their children are in foster care.
0:07:02 > 0:07:04'The judge made a direction
0:07:04 > 0:07:06'about what the level of that contact was to be
0:07:06 > 0:07:08'and over the intervening 18 months,
0:07:08 > 0:07:11'the Trust has changed the level of contact.'
0:07:12 > 0:07:15- And when they were leaving they were absolutely fine?- Yeah.
0:07:15 > 0:07:18'It's less often, they seek to make it 90 minutes'
0:07:18 > 0:07:21when it was ordered to be three hours.
0:07:21 > 0:07:23And they've placed restrictions
0:07:23 > 0:07:25on where it can happen and who can be there.
0:07:25 > 0:07:29- And has it been supervised since then?- Mm-hm.- In your house?- Yeah.
0:07:29 > 0:07:31- They're sitting in your house for three hours?- Yeah. Yeah.
0:07:37 > 0:07:39The consultation was set up specifically for me
0:07:39 > 0:07:42to get a more global picture from the client about what she wanted,
0:07:42 > 0:07:45because the judge has directed that she file a
0:07:45 > 0:07:47statement of evidence about her position.
0:07:52 > 0:07:54I will now draft that statement of evidence for her
0:07:54 > 0:07:57and it'll be sent to the court, and that will inform the court
0:07:57 > 0:08:00and the other parties of what her position is,
0:08:00 > 0:08:02so that we all know what's happening in the case
0:08:02 > 0:08:04in an effort to try and resolve it.
0:08:06 > 0:08:10This is just the start of what is often a long, delicate process.
0:08:10 > 0:08:14It's now down to Orlagh and the solicitor to find out why
0:08:14 > 0:08:18access isn't happening as ordered and try and get it reinstated.
0:08:32 > 0:08:36Frank O'Donoghue is a very senior barrister.
0:08:36 > 0:08:39Usually, he spends his days in court
0:08:39 > 0:08:42and his evenings preparing for the next case.
0:08:42 > 0:08:44He's working on a judicial review.
0:08:45 > 0:08:48It's now 11.25 at night.
0:08:48 > 0:08:52I've been working on a replying affidavit in this case
0:08:52 > 0:08:56which has to be, really, with the solicitor tomorrow morning.
0:08:57 > 0:09:00The affidavit has been drafted as a combined effort
0:09:00 > 0:09:03between my Junior Counsel, Sean Doran, and myself.
0:09:03 > 0:09:06Hi Sean, how are you?
0:09:06 > 0:09:08Did you get a look at that?
0:09:08 > 0:09:11This is a very, very interesting case.
0:09:11 > 0:09:15It's a case with huge ramifications
0:09:15 > 0:09:19for the way in which policing is carried out in Northern Ireland.
0:09:24 > 0:09:29Frank is representing people who are taking the Chief Constable to court.
0:09:29 > 0:09:33The PSNI has rehired ex-RUC officers to do some jobs.
0:09:34 > 0:09:36And Frank's clients, one a trade union,
0:09:36 > 0:09:40the other a mother of a murdered Belfast man, Raymond McCord Junior,
0:09:40 > 0:09:42want that practice stopped.
0:09:47 > 0:09:50When he went to school, he just loved aeroplanes.
0:09:51 > 0:09:54If he heard of anybody going away on holidays,
0:09:54 > 0:09:57he'd have been able to tell you what kind of plane it was.
0:10:01 > 0:10:05Used to get the shuttle bus up to the airport on a Saturday
0:10:05 > 0:10:09and he would have done that a good lot, he loved doing that.
0:10:13 > 0:10:16And that's where his love for the RAF...and that's why he wanted
0:10:16 > 0:10:21to hopefully get into it, which he did, and we were so happy for him.
0:10:24 > 0:10:28It's just a pity his life was cut so short, you know,
0:10:28 > 0:10:31so soon, the way it happened, you know.
0:10:35 > 0:10:40In 1997, her son Raymond was beaten to death by a UVF gang.
0:10:40 > 0:10:43One was a police informer.
0:10:43 > 0:10:46Ten years later, the Police Ombudsman found
0:10:46 > 0:10:49there'd been Special Branch collusion during the murder inquiry.
0:10:49 > 0:10:54Now Raymond's mum wants to make sure no ex-RUC officers are allowed
0:10:54 > 0:10:57anywhere near the re-investigation of her son's murder.
0:11:01 > 0:11:05From the very beginning, we knew it was a cover-up. It was proving it.
0:11:05 > 0:11:08We knew it was true and it was all denied...
0:11:10 > 0:11:14..and we were looked upon as trouble-makers,
0:11:14 > 0:11:17and "Don't be...
0:11:17 > 0:11:19"Nothing like that could have went on."
0:11:21 > 0:11:26It's something for me that I have to do.
0:11:26 > 0:11:29People that have children, how can they live with themselves?
0:11:38 > 0:11:42There are just over 300 solicitor firms in Northern Ireland.
0:11:42 > 0:11:45Ciaran Hampson is based in Londonderry.
0:11:45 > 0:11:48His practice handles all sorts of problems.
0:11:48 > 0:11:51He specialises in business disputes.
0:11:53 > 0:11:54When someone asks you what you do for a living
0:11:54 > 0:11:56and you say you're a solicitor,
0:11:56 > 0:12:00they assume automatically you're a criminal practitioner.
0:12:02 > 0:12:05When you say you do commercial litigation,
0:12:05 > 0:12:10they're sort of puzzled as to what it is.
0:12:10 > 0:12:12This type of litigation is common.
0:12:12 > 0:12:14The Commercial Court is a very busy court.
0:12:14 > 0:12:17The Chancery Court are very busy courts,
0:12:17 > 0:12:18so it shows that this is ongoing.
0:12:20 > 0:12:24One of Ciaran's cases is about electricity pylons.
0:12:24 > 0:12:26His clients are taking legal action
0:12:26 > 0:12:29against Northern Ireland Electricity.
0:12:29 > 0:12:32He's instructed barristers as it's a ground-breaking case.
0:12:34 > 0:12:37The pylon cases relate to the power lines -
0:12:37 > 0:12:41and now we're not talking power lines as in a wooden pole,
0:12:41 > 0:12:43we're talking about the large 110, 275,
0:12:43 > 0:12:45the big, big, industrial pylons.
0:12:45 > 0:12:47My partner won't like the fact
0:12:47 > 0:12:50that I've printed on letterhead by accident!
0:12:51 > 0:12:54'When people ask you what the cases are about,
0:12:54 > 0:12:56'they generally think it's to do with
0:12:56 > 0:12:59'some sort of personal injury aspect and it's not, it's to do with
0:12:59 > 0:13:02'the fact that these pylons are sitting on people's land.
0:13:02 > 0:13:04'And they're essentially sitting on people's land
0:13:04 > 0:13:06'and we've asked NIE to remove them.'
0:13:08 > 0:13:09What has to happen then is
0:13:09 > 0:13:12the process goes to the Department of Enterprise,
0:13:12 > 0:13:14and they determine by a wayleave hearing
0:13:14 > 0:13:16whether the power line can stay or not.
0:13:16 > 0:13:18If the power line can be determined to be retained,
0:13:18 > 0:13:21then the only avenue that the landowner has
0:13:21 > 0:13:23is to pursue by way of compensation.
0:13:25 > 0:13:28One, two, three, four, five elastics...
0:13:30 > 0:13:32As you take the thing on,
0:13:32 > 0:13:35you actually find out what's happening in other jurisdictions.
0:13:35 > 0:13:37In England and Wales, a lot of these actually
0:13:37 > 0:13:40don't go to the tribunal because a lot of the electricity companies
0:13:40 > 0:13:44settle it directly themselves and come up with an agreed valuation.
0:13:47 > 0:13:49I think part of the issue is,
0:13:49 > 0:13:52in Northern Ireland this is the first one,
0:13:52 > 0:13:56so really, it's unknown territory for a lot of people.
0:13:59 > 0:14:01One of Ciaran's clients is Huw Williams,
0:14:01 > 0:14:05an agent representing several home and landowners.
0:14:05 > 0:14:07He's experienced, as he's already settled
0:14:07 > 0:14:10thousands of similar cases in England and Wales.
0:14:13 > 0:14:16Northern Ireland Electricity, across most of their network,
0:14:16 > 0:14:21only hold these big power-lines under temporary rights,
0:14:21 > 0:14:23which are known as wayleave agreements.
0:14:28 > 0:14:33Those wayleave agreements allow the landowners to terminate them,
0:14:33 > 0:14:35and once the landowner terminates the wayleave agreement,
0:14:35 > 0:14:40it forces NIE to pursue permanent rights via the government
0:14:40 > 0:14:42and these are compulsory permanent rights.
0:14:42 > 0:14:44The government will always grant those rights
0:14:44 > 0:14:47because it's deemed to be in the interests of the country
0:14:47 > 0:14:50to maintain the big infrastructure that's here,
0:14:50 > 0:14:53but as soon as those permanent rights are granted,
0:14:53 > 0:14:56the landowners are entitled to pursue compensation
0:14:56 > 0:14:59for the loss of value that's suffered by their homes,
0:14:59 > 0:15:03as a result of this equipment being placed on or over their land.
0:15:08 > 0:15:10Typically in England and Wales,
0:15:10 > 0:15:14if you had a house with a line this size crossing your land,
0:15:14 > 0:15:16you could be looking at something
0:15:16 > 0:15:19between 5 and 6% of the value of your house.
0:15:21 > 0:15:25This is the first time the law is being tested in Northern Ireland.
0:15:25 > 0:15:29It's not a given that our law will follow English law.
0:15:29 > 0:15:32It's down to Lands Tribunal in Belfast to make the decision.
0:15:37 > 0:15:40Progress has been very slow at the Lands Tribunal so far.
0:15:40 > 0:15:43I think, in part, due to the fact that it IS the first case,
0:15:43 > 0:15:46and that's thrown up some legal issues, but also,
0:15:46 > 0:15:50there's generally a reluctance on Northern Ireland Electricity's part
0:15:50 > 0:15:53to get that first case into court.
0:15:55 > 0:15:57The case is very complicated.
0:15:57 > 0:16:00The Lands Tribunal will have to hear
0:16:00 > 0:16:03all the legal arguments and expert reports.
0:16:03 > 0:16:05It's going to be a lengthy process.
0:16:07 > 0:16:11Judicial reviews allow individuals or organisations
0:16:11 > 0:16:14to get a judge to check how a public body has made a decision.
0:16:14 > 0:16:17Viv Harty is a Belfast solicitor
0:16:17 > 0:16:21working on the challenge to the re-hiring of ex-RUC officers.
0:16:21 > 0:16:23Viv's client is NIPSA
0:16:23 > 0:16:27and he's preparing its argument in a document called an affidavit.
0:16:27 > 0:16:30It contains crucial information for the judge.
0:16:30 > 0:16:32It's vital the lawyers get it right.
0:16:35 > 0:16:38So, I'm checking one of the paragraphs.
0:16:38 > 0:16:42We originally thought that the Deputy Chief Constable
0:16:42 > 0:16:47had made this statement at a Public Accounts Committee,
0:16:47 > 0:16:50but in fact, she made it at a Policing Board meeting.
0:16:53 > 0:16:56In this type of case, where we rely upon affidavits only
0:16:56 > 0:16:59and people actually aren't giving oral evidence,
0:16:59 > 0:17:04you cannot get yourself bogged down in any sort of a factual dispute.
0:17:04 > 0:17:08I think if you'd made some mistakes in the affidavit of a factual nature,
0:17:08 > 0:17:11I think your case would be so badly undermined
0:17:11 > 0:17:13that you probably wouldn't get a second chance.
0:17:16 > 0:17:18We're signing the affidavit.
0:17:18 > 0:17:20Brian Campfield, who is the deponent,
0:17:20 > 0:17:22the person who is making the affidavit,
0:17:22 > 0:17:24he is now swearing this affidavit
0:17:24 > 0:17:26in front of a person who is an Officer of the Court,
0:17:26 > 0:17:29Mr Gerry McManus, who is an independent solicitor
0:17:29 > 0:17:31who has come in to witness Brian Campfield
0:17:31 > 0:17:36swearing this affidavit, which is in effect his evidence in the court.
0:17:38 > 0:17:43NIPSA is a trade union representing civilian staff working for the PSNI.
0:17:43 > 0:17:46They're worried they're losing jobs to police officers
0:17:46 > 0:17:48who retired under the Patton pay-offs.
0:17:50 > 0:17:53Resource might want those contracts.
0:17:53 > 0:17:56'We could count on one hand the number of judicial reviews
0:17:56 > 0:17:59'which we've taken over the last 20 years.'
0:17:59 > 0:18:01That'll put the cat in among the pigeons.
0:18:01 > 0:18:04'The only way workers are able to take judicial reviews'
0:18:04 > 0:18:07is if their funds are used by their union
0:18:07 > 0:18:10because individuals couldn't afford to do this.
0:18:10 > 0:18:14It was worth 100 million when it was awarded the last time.
0:18:14 > 0:18:16'In this particular case, we believe the Chief Constable
0:18:16 > 0:18:18'doesn't have the authority'
0:18:18 > 0:18:22to outsource the types of roles which are included in this contract.
0:18:22 > 0:18:25That was advertised in January and awarded in September.
0:18:25 > 0:18:27These are up in June.
0:18:27 > 0:18:29'A lot of those people coming back, as we know,
0:18:29 > 0:18:31'have been ex-police officers'
0:18:31 > 0:18:33and they're filling jobs
0:18:33 > 0:18:36which do not necessarily require police skills.
0:18:37 > 0:18:40Although we accept that there is a time
0:18:40 > 0:18:42and a place for temporary arrangements,
0:18:42 > 0:18:43that was ten years ago
0:18:43 > 0:18:47and our members' patience has been exhausted now.
0:18:47 > 0:18:49They feel that they should be invested in
0:18:49 > 0:18:52and they should be given an opportunity to be the next leaders
0:18:52 > 0:18:55of the organisation and to develop their career
0:18:55 > 0:18:59like they would if they were in any other part of the public sector.
0:19:00 > 0:19:03It's June 2013,
0:19:03 > 0:19:06and the case is about to be heard by a High Court Judge.
0:19:09 > 0:19:12Frank is the senior barrister leading the legal team.
0:19:16 > 0:19:19I've had the chance now to look at this further, Frank,
0:19:19 > 0:19:21- and I think it's spot on.- Yeah? OK.
0:19:21 > 0:19:25- It covers all of the matters that we...- ..talked about last night.
0:19:25 > 0:19:29And I think it actually also very usefully crystallises the issues.
0:19:29 > 0:19:33Yeah. I e-mailed it through to everybody last night
0:19:33 > 0:19:37and I got it through to the judge as well.
0:19:37 > 0:19:41The judge e-mailed me back at half six this morning,
0:19:41 > 0:19:43so he was obviously up early!
0:19:43 > 0:19:45And so he's on the ball and he'll have read it.
0:19:45 > 0:19:48I think it just crystallises completely
0:19:48 > 0:19:52and I think in a case like this, just less is more.
0:19:52 > 0:19:55The judge wants to start early, so...
0:19:55 > 0:19:58- I'm all in favour of that. - ..let's get on with it.
0:19:58 > 0:20:01The barristers only get into a courtroom
0:20:01 > 0:20:04once they've exchanged written arguments.
0:20:04 > 0:20:06These documents set out the facts and examples
0:20:06 > 0:20:09of the law they're using.
0:20:09 > 0:20:12In court, both sides set out their position.
0:20:12 > 0:20:14They're questioned by the judge
0:20:14 > 0:20:16and they argue each other's legal points.
0:20:24 > 0:20:28The whole day was spent with me making the applicant's case.
0:20:30 > 0:20:34The first thing we had to do was go through the legislation
0:20:34 > 0:20:36which took quite some time, and then in the afternoon,
0:20:36 > 0:20:40I spent it going through all of the affidavit evidence.
0:20:42 > 0:20:44It's very important not to rush a submission
0:20:44 > 0:20:47and yet it's equally important not to be so slow
0:20:47 > 0:20:51and pedantic that, in fact, you just try the patience of the judge.
0:20:51 > 0:20:55You've got to make even the most turgid of cases interesting.
0:20:56 > 0:21:00A lot of public speaking, particularly in a court setting,
0:21:00 > 0:21:03perhaps gives you the experience
0:21:03 > 0:21:07to develop an intuition as to the appropriate pace.
0:21:07 > 0:21:10That will depend from judge to judge.
0:21:11 > 0:21:15There is a need on barristers' parts to use the courts efficiently,
0:21:15 > 0:21:18not to waste court time.
0:21:18 > 0:21:20But by and large, in my experience,
0:21:20 > 0:21:22most barristers are pretty good at it now.
0:21:26 > 0:21:32Last year, judges, lawyers and court staff handled around 91,000 cases.
0:21:32 > 0:21:34In recent time,
0:21:34 > 0:21:37there's been particular pressure on the family courts.
0:21:39 > 0:21:42Today I'm heading to Newtownards Family Proceedings Court
0:21:42 > 0:21:45where I have two cases listed for hearing
0:21:45 > 0:21:47and a number of other cases listed for review.
0:21:54 > 0:21:57I think most people imagine the worst thing that could happen
0:21:57 > 0:22:00within a legal proceedings is that they could go to prison.
0:22:02 > 0:22:03Apart from parents who, I think,
0:22:03 > 0:22:07if given the choice of going to prison or losing their child,
0:22:07 > 0:22:09losing their child is actually much worse.
0:22:13 > 0:22:18So, actually, while it's not a topic of law that's often talked about
0:22:18 > 0:22:21and never publicised because it's so confidential,
0:22:21 > 0:22:23for the individuals involved in the cases
0:22:23 > 0:22:26it's probably the most stressful and high impact legal matter
0:22:26 > 0:22:29that they can ever be involved in.
0:22:38 > 0:22:40I've a 9.30 consultation with
0:22:40 > 0:22:42a client whose child has been taken into care,
0:22:42 > 0:22:46so I need to have a general discussion with him
0:22:46 > 0:22:49about what he wants out of the case. That's at 09.30.
0:22:49 > 0:22:54And then I have all of my other cases at 10.30.
0:22:54 > 0:22:57When families fall apart,
0:22:57 > 0:23:02judges step in to decide who sees who, how long for, when and where.
0:23:02 > 0:23:06Last year, around 7,700 children relied on the courts
0:23:06 > 0:23:09to sort out their living arrangements.
0:23:09 > 0:23:12It's a complicated and growing problem.
0:23:14 > 0:23:16There's a considerable amount of families
0:23:16 > 0:23:20who can't sort these things out themselves for one reason or another
0:23:20 > 0:23:23and the courts are getting more and more saturated.
0:23:27 > 0:23:31It certainly, in the nine years that I've been practicing -
0:23:31 > 0:23:33for example in Newtownards Family Proceedings Court -
0:23:33 > 0:23:36I recall on most occasions, at the start there would only have been
0:23:36 > 0:23:38in and around 30 cases on the list
0:23:38 > 0:23:42and now there's up on 60 per day on the list to be dealt with.
0:23:44 > 0:23:48A lot of family law is symptomatic of other social problems
0:23:48 > 0:23:50and the lawyers can't control everything.
0:23:51 > 0:23:55I had scheduled a 9.30 consultation to suit the client
0:23:55 > 0:24:01because he lives in this area and he hasn't shown up yet
0:24:01 > 0:24:04and we're still sitting waiting for him.
0:24:04 > 0:24:07This would be the third consultation in about two weeks
0:24:07 > 0:24:10that the client has failed to attend
0:24:10 > 0:24:16with no notice given or no reasons given or apology.
0:24:16 > 0:24:18It's difficult - the clients are legally aided
0:24:18 > 0:24:23and therefore they're not paying for this themselves,
0:24:23 > 0:24:27and, in fact, I can't charge legal aid for the time spent.
0:24:27 > 0:24:30I'm not consulting with the client, so I can't charge for it.
0:24:34 > 0:24:35These cases involve people
0:24:35 > 0:24:39who, for whatever reason, just can't sort it out themselves.
0:24:40 > 0:24:44For the judges to make the right arrangements for the children,
0:24:44 > 0:24:46they need the lawyers and reports from psychologists,
0:24:46 > 0:24:49social workers, doctors, teachers.
0:24:50 > 0:24:52This means time for everyone,
0:24:52 > 0:24:54including the children, to have their say.
0:25:00 > 0:25:01Well, I think one of the things
0:25:01 > 0:25:04that sets children's law apart particularly
0:25:04 > 0:25:08is that you're dealing with a very fluid situation.
0:25:08 > 0:25:10You can't make an order for a child
0:25:10 > 0:25:15which will last from their toddler years and will remain the same
0:25:15 > 0:25:19until they're 16, which is when the court has the remit to continue to act.
0:25:23 > 0:25:26There is just a change of circumstances throughout the case,
0:25:26 > 0:25:30and quite often the case moves from the original application,
0:25:30 > 0:25:32which can largely be dealt with,
0:25:32 > 0:25:34but something else has arisen in the meantime.
0:25:34 > 0:25:38An original application could be Dad just seeking contact
0:25:38 > 0:25:40but in the middle of it, Mum has a nervous breakdown
0:25:40 > 0:25:42and now the children have to reside in foster care,
0:25:42 > 0:25:44and then they're rehabilitated to Dad
0:25:44 > 0:25:47but Mum wants them back because she's now recovered.
0:25:47 > 0:25:49So, you can see that time just goes on
0:25:49 > 0:25:52and things just continue to happen which dictate the pace of the case.
0:25:52 > 0:25:58Cases need time to prepare, time to run their course.
0:25:59 > 0:26:02Challenging the re-hiring of ex-RUC officers
0:26:02 > 0:26:05takes four days of intense legal argument.
0:26:06 > 0:26:11The father of UVF murder victim, Raymond McCord Junior, is in court
0:26:11 > 0:26:15as Raymond's mum finds it tough to listen to the proceedings.
0:26:15 > 0:26:20'Down here because Vivienne's unable to come. Her health's not too good.
0:26:21 > 0:26:26'Every so often young Raymond's name gets brought up in court.'
0:26:26 > 0:26:29It's stressful and traumatic for her, brings a lot of things back.
0:26:31 > 0:26:36I was very impressed with the barrister, Frank O'Donoghue,
0:26:36 > 0:26:37his arguments.
0:26:39 > 0:26:43You're not used to people fighting your corner for you.
0:26:43 > 0:26:45But he's fought it very well.
0:26:48 > 0:26:50Today, we had to come in
0:26:50 > 0:26:54and do the reply to the Chief Constable's argument.
0:26:56 > 0:26:59I thought the court was very receptive to our reply
0:26:59 > 0:27:02and to the points, the additional points, that we wanted to make.
0:27:04 > 0:27:06The court has reserved its judgment,
0:27:06 > 0:27:09which is not unusual in cases like this.
0:27:09 > 0:27:10Cases of this complexity,
0:27:10 > 0:27:14which have lasted four days of pure legal argument,
0:27:14 > 0:27:16require consideration.
0:27:16 > 0:27:19And the judge will hopefully give his judgment over the summer.
0:27:20 > 0:27:23I've won cases that I thought I'd lost
0:27:23 > 0:27:25and I've lost cases that I thought I'd won,
0:27:25 > 0:27:27so you always have that uncertainty
0:27:27 > 0:27:31and at the end of the day it's a matter for the judge.
0:27:31 > 0:27:33I am reasonably convinced
0:27:33 > 0:27:37by the strength in the legal argument that we've advanced
0:27:37 > 0:27:41and hopefully the court will find in our favour.
0:27:51 > 0:27:53Next time on Barristers...
0:27:56 > 0:27:59Although I personally enjoy being in court a lot,
0:27:59 > 0:28:01and I enjoy the applications, etc,
0:28:01 > 0:28:05I don't think being in court is the place for a family,
0:28:05 > 0:28:06if they can avoid it.
0:28:09 > 0:28:12The case has lasted for three days but the defence have asked
0:28:12 > 0:28:15to bring in an adjournment application this morning.
0:28:18 > 0:28:20An employee of the company who owned the lorry
0:28:20 > 0:28:22dropped a pallet onto the ground
0:28:22 > 0:28:24and unbeknownst, I think, to anyone,
0:28:24 > 0:28:28the pallet actually contained some sort of chemical liquid
0:28:28 > 0:28:32which then splashed onto my client's feet.