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 > 0:00:12Much of the work goes unreported.
0:00:12 > 0:00:15Historically, our knowledge has been based on TV dramas,
0:00:15 > 0:00:17artist impressions and newspaper headlines.
0:00:21 > 0:00:23But now, for the first time,
0:00:23 > 0:00:26one legal institution has allowed the cameras in.
0:00:27 > 0:00:30This is the world of the barristers.
0:00:32 > 0:00:34The public want to know what we do,
0:00:34 > 0:00:36they are entitled to know what we do.
0:00:36 > 0:00:39And we feel we have a responsibility and duty
0:00:39 > 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.
0:00:47 > 0:00:50For 15 months, we've filmed barristers as they prepare for cases
0:00:50 > 0:00:55for courts in Belfast, Newtownards, Omagh and London.
0:00:59 > 0:01:05For most barristers this is the ultimate court experience.
0:01:05 > 0:01:08Our case is that there should be an exceptionality provision.
0:01:08 > 0:01:11Right, so are you putting all your eggs into the exceptionality point?
0:01:11 > 0:01:13When you get to this point, all the work you've done,
0:01:13 > 0:01:16that's well and good, but it's out of your control,
0:01:16 > 0:01:19you have to trust your counsel then to make the case on your behalf.
0:01:19 > 0:01:23With thousands of cases and hundreds of barristers and solicitors,
0:01:23 > 0:01:26this series is a snapshot behind the scenes.
0:01:37 > 0:01:41The majority of Northern Ireland's barristers work out of
0:01:41 > 0:01:43the Bar Library in Belfast.
0:01:43 > 0:01:45Although they're all self-employed
0:01:45 > 0:01:47they pay fees for the office facilities
0:01:47 > 0:01:49including secretaries and research.
0:01:52 > 0:01:55Thousands of letters and files come in here every day,
0:01:55 > 0:01:58each envelope contains a legal problem
0:01:58 > 0:02:00that the barrister is paid to deal with.
0:02:06 > 0:02:09Suzanne Bradley specialises in employment law,
0:02:09 > 0:02:11often working for the Equality Commission.
0:02:11 > 0:02:14There's no legal aid for this type of law.
0:02:14 > 0:02:16The Commission has a limited budget
0:02:16 > 0:02:19so it can only take on cases that have an impact on all of us.
0:02:22 > 0:02:24There were two envelopes delivered.
0:02:24 > 0:02:28The bigger parcel contained what's called the Tribunal bundle,
0:02:28 > 0:02:34that large bundle contains all the pleadings in the case,
0:02:34 > 0:02:37all the documents,
0:02:37 > 0:02:40and lastly any records
0:02:40 > 0:02:43of the case management discussions that have taken place.
0:02:47 > 0:02:50When I'm reading the Tribunal bundle
0:02:50 > 0:02:54I'm looking to pick out the evidence,
0:02:54 > 0:02:58whether it be in pleadings, whether it be in documents.
0:02:58 > 0:03:02What I'm looking for is the evidence that will support my client's case.
0:03:09 > 0:03:12Suzanne has a religious discrimination case.
0:03:12 > 0:03:15Her client worked for a company that is mainly Brethren.
0:03:15 > 0:03:18Gavin, pleased to meet you again. Vicky, how are you?
0:03:18 > 0:03:21Suzanne's client says Brethren doing the same job as him
0:03:21 > 0:03:23had different pay and conditions.
0:03:23 > 0:03:26He says he was excluded from early morning meetings,
0:03:26 > 0:03:28motivational e-mails and lunch gatherings,
0:03:28 > 0:03:31as the faith does not allow non-Brethren to eat with them.
0:03:31 > 0:03:34He believes work was discussed at these times
0:03:34 > 0:03:36so he was denied opportunities.
0:03:36 > 0:03:40The company denies discrimination so it's going to Tribunal.
0:03:41 > 0:03:45This is a case were my client is making allegations
0:03:45 > 0:03:49that he has been less favourably treated on grounds of religion.
0:03:51 > 0:03:55He's alleging that he has been less favourably treated than
0:03:55 > 0:03:58comparators who are members of the Brethren community,
0:03:58 > 0:04:01who did the same job as him within the company
0:04:01 > 0:04:05and they were more favourably treated in a number of respects.
0:04:05 > 0:04:08So, Gavin, you will go first to give evidence.
0:04:08 > 0:04:11When you are sworn or you have affirmed,
0:04:11 > 0:04:15you cannot talk to anyone during the break, during the lunch breaks.
0:04:15 > 0:04:20If you're kept in the witness box overnight you can't talk to anyone.
0:04:20 > 0:04:24'I never thought that I would be involved in this sort of situation.
0:04:24 > 0:04:26'It is very daunting but I felt that with the advice'
0:04:26 > 0:04:29I'd been given, I needed to take my case forward
0:04:29 > 0:04:30for anyone in the future.
0:04:33 > 0:04:35Cases aren't always about people,
0:04:35 > 0:04:38sometimes they're about bricks and mortar.
0:04:38 > 0:04:41In 2012, Northern Ireland's Environment Minister
0:04:41 > 0:04:44gave permission to flatten this building.
0:04:46 > 0:04:49QC Ronan Lavery has been instructed to save it.
0:04:50 > 0:04:53The Athletic Stores case, it is a Judicial Review
0:04:53 > 0:04:55of the Planning Service's decision
0:04:55 > 0:04:59to permit demolition and rebuild.
0:05:01 > 0:05:03It's in a conservation area
0:05:03 > 0:05:06and the Planning Policy and Guidelines say it should be treated
0:05:06 > 0:05:09pretty much the same way as any listed building.
0:05:10 > 0:05:14It's simply an economic argument that is being used by the developer.
0:05:17 > 0:05:20If you apply profit
0:05:20 > 0:05:23to whether an historic building should be demolished or not
0:05:23 > 0:05:26I don't think there would be an historic building standing any more.
0:05:30 > 0:05:32Our client, the Ulster Architectural Heritage Society,
0:05:32 > 0:05:34thinks that this is an important case
0:05:34 > 0:05:36because it sets a precedent
0:05:36 > 0:05:40and any other listed building or building in a conservation area,
0:05:40 > 0:05:43one could argue for their demolition
0:05:43 > 0:05:45simply on the basis that the owner of the building
0:05:45 > 0:05:47couldn't turn a profit on it.
0:05:49 > 0:05:51There's added pressure,
0:05:51 > 0:05:55the person spearheading the client's case is also Ronan's wife, Rita,
0:05:55 > 0:05:57who is an architectural historian.
0:05:57 > 0:06:00There are very few of these buildings left in the city,
0:06:00 > 0:06:02there's only about eight of them, I think, in the city centre.
0:06:02 > 0:06:05And so it's very important to retain those links,
0:06:05 > 0:06:08those tangible links with the city's past.
0:06:08 > 0:06:11It is very important that the conservation area
0:06:11 > 0:06:13and the listed building policies are applied.
0:06:13 > 0:06:16If they're not applied in this case then there is every chance
0:06:16 > 0:06:18that they won't be applied in future cases
0:06:18 > 0:06:20so it sets a very damaging precedent
0:06:20 > 0:06:23and undermines the legislation and the policy
0:06:23 > 0:06:27that sets out to defend the buildings like this.
0:06:28 > 0:06:30They're seeking a judicial review
0:06:30 > 0:06:32into the Environment Minister's decision,
0:06:32 > 0:06:36making sure he properly followed the rules and regulations.
0:06:39 > 0:06:43Ronan's being assisted in this case by his father, Michael Lavery QC.
0:06:43 > 0:06:46The Department is judging the viability of the scheme
0:06:46 > 0:06:48from the point of the view of a developer.
0:06:48 > 0:06:50'My father didn't encourage any of us to follow law.'
0:06:50 > 0:06:54For a building to be viable, doesn't necessarily need to be profitable.
0:06:54 > 0:06:55No.
0:06:55 > 0:06:58'He talked about work a lot and it was interesting
0:06:58 > 0:07:00'but really we were given'
0:07:00 > 0:07:04absolute free rein to do whatever we wanted.
0:07:04 > 0:07:08Viable, it's like a life, I suppose, isn't it?
0:07:08 > 0:07:11It's whether you turn the machine off or not for this building.
0:07:11 > 0:07:13'He's been senior counsel'
0:07:13 > 0:07:15for a good few years more than I have.
0:07:15 > 0:07:19Since I took silk about a year and a half ago,
0:07:19 > 0:07:22the cases with him become less and less.
0:07:22 > 0:07:23This is one of the older cases
0:07:23 > 0:07:25that has been going on for about five years
0:07:25 > 0:07:27so we're still in it together.
0:07:27 > 0:07:30Anyone can get a report to say that building...
0:07:30 > 0:07:31Correct.
0:07:31 > 0:07:32'It's not a difficulty,
0:07:32 > 0:07:36'we just immediately change into professional mode
0:07:36 > 0:07:38'and that's the way we discuss a case.'
0:07:38 > 0:07:40Not as members of a family.
0:07:43 > 0:07:45Every year in Northern Ireland,
0:07:45 > 0:07:48hundreds of graduates compete for a career in law.
0:07:48 > 0:07:52Only the top students get a place to train as a barrister.
0:07:52 > 0:07:56Jason Elliott is one of the 32 offered the chance.
0:08:00 > 0:08:06Every profession is competitive and we try to do the best that we can.
0:08:06 > 0:08:10If you continue to do a good job and work hard
0:08:10 > 0:08:13and do your best for your client and whoever instructs you,
0:08:13 > 0:08:17you hope that you will continue to get the work but it is competitive.
0:08:19 > 0:08:22Every barrister spends a year training at the Institute.
0:08:22 > 0:08:24Knowing the law is one thing,
0:08:24 > 0:08:28being able to argue your client's case in court is another.
0:08:28 > 0:08:31Do you want to hear these or should we just go ahead and do it?
0:08:31 > 0:08:33OK, let's go.
0:08:33 > 0:08:36It is submitted that the respondent has acted within
0:08:36 > 0:08:39the relevant limitation period as set out under statute.
0:08:39 > 0:08:44You have to take your audience with you at every stage.
0:08:44 > 0:08:46Martin is a very competent advocate
0:08:46 > 0:08:50and any feedback that he gives is taken on board.
0:08:50 > 0:08:53Once you sense that they're becoming frustrated, lost,
0:08:53 > 0:08:55all of those human emotions,
0:08:55 > 0:08:58you must address that to re-engage your audience.
0:09:01 > 0:09:05Mock trials known as moots are a key training opportunity.
0:09:05 > 0:09:07This is a very serious competition,
0:09:07 > 0:09:09there's a competitive edge
0:09:09 > 0:09:13between us at the Institute and the King's Inn down at Dublin.
0:09:13 > 0:09:15The Institute has won it for the last two years
0:09:15 > 0:09:17so we're trying to make it three on the bounce.
0:09:20 > 0:09:22All stand.
0:09:23 > 0:09:27The Eoin Higgins Moot is one of the most significant
0:09:27 > 0:09:31as it's before three senior judges from Belfast and Dublin.
0:09:31 > 0:09:36A writ was served on the PSNI on the 30th April 2013.
0:09:36 > 0:09:40This is only four days after ICL had grounds for the proceedings.
0:09:40 > 0:09:43'There are marks for answering difficult questions from the bench
0:09:43 > 0:09:46'and there are very difficult questions
0:09:46 > 0:09:50'being bombarded down from the judges,'
0:09:50 > 0:09:54re-butting other points made by the opposing team,
0:09:54 > 0:09:58all of that comes together to form an overall score.
0:09:58 > 0:10:02The judges leave to make their decision.
0:10:06 > 0:10:08And this year Dublin has the edge.
0:10:10 > 0:10:13It's a vital lesson that every barrister learns -
0:10:13 > 0:10:14you win some, you lose some.
0:10:17 > 0:10:21Well, this experience has put me in far better stead,
0:10:21 > 0:10:23it's given me more experience,
0:10:23 > 0:10:25so when it does come to standing in court
0:10:25 > 0:10:27and making a submission to a judge in the Magistrates Court,
0:10:27 > 0:10:29or maybe to a jury this will help me
0:10:29 > 0:10:31because it's dealing with the pressure
0:10:31 > 0:10:35and being able to articulate what your client wants in the courtroom.
0:10:43 > 0:10:47Ronan's working on another Judicial Review called the Brownlee case.
0:10:47 > 0:10:51His client is challenging the Department of Justice.
0:10:51 > 0:10:53In 2012 Raymond Brownlee
0:10:53 > 0:10:56was convicted of false imprisonment and assault.
0:10:56 > 0:11:00But he can't hire a new barrister to oversee his sentencing plea.
0:11:00 > 0:11:05The problem is that in 2011, the Department of Justice,
0:11:05 > 0:11:08in a bid to cut the criminal legal aid bill, brought in new rules.
0:11:08 > 0:11:11There was no longer any provision
0:11:11 > 0:11:14for exceptional or unusual situations.
0:11:14 > 0:11:17The fee for this sentencing is £240.
0:11:17 > 0:11:20It's estimated there's five days' work,
0:11:20 > 0:11:22so it's less than the minimum wage.
0:11:25 > 0:11:27This is a case about legal aid.
0:11:29 > 0:11:34It's for an accused in a criminal case,
0:11:34 > 0:11:37who fell out with his first legal representative.
0:11:37 > 0:11:41The trial continued but the Judge felt it was appropriate for him
0:11:41 > 0:11:45to be represented by a new legal team at the sentencing hearing.
0:11:47 > 0:11:49We're challenging the rule structure,
0:11:49 > 0:11:52we're saying they should be effective enough
0:11:52 > 0:11:58to enable an individual to actually employ a lawyer.
0:11:59 > 0:12:02Ronan's client is sitting in jail.
0:12:02 > 0:12:06He's facing a severe punishment known as an indeterminate sentence.
0:12:06 > 0:12:10This means he will serve a number of years before the Parole Board
0:12:10 > 0:12:13decides if he can be released or not.
0:12:16 > 0:12:19Ronan's arguing the preparation for this sentencing
0:12:19 > 0:12:22will take five days of reading and research.
0:12:24 > 0:12:30Digesting large amounts of documentation is a key skill.
0:12:32 > 0:12:36I've always taken it as a rule of thumb that for reading documents
0:12:36 > 0:12:40you are allowed three minutes per page.
0:12:40 > 0:12:41What we heard today
0:12:41 > 0:12:44was that has been changed to one and a half minutes.
0:12:44 > 0:12:45It was suggested by someone in court
0:12:45 > 0:12:48that we're now going to have to work twice as fast.
0:12:50 > 0:12:53The fee allowable in this case
0:12:53 > 0:12:55is simply for the hearing itself
0:12:55 > 0:12:58and there's no provision whatsoever for the preparation time.
0:13:01 > 0:13:02Preparation is everything,
0:13:02 > 0:13:06and any person in any law school will say that.
0:13:06 > 0:13:07Preparation is everything.
0:13:12 > 0:13:14Ronan's client wins.
0:13:14 > 0:13:15The Department of Justice
0:13:15 > 0:13:18is ordered to provide proper access to a lawyer.
0:13:18 > 0:13:22But that's not the end of it. The Department challenges the judgment.
0:13:27 > 0:13:29It's make or break for Jason.
0:13:29 > 0:13:32He's preparing for his last exam.
0:13:32 > 0:13:35Pass, he can start his apprenticeship as a barrister.
0:13:35 > 0:13:37Fail, it's back to the drawing board.
0:13:38 > 0:13:40It's our final exam,
0:13:40 > 0:13:42it's the culmination of our time at the Institute.
0:13:42 > 0:13:44It's important to do well.
0:13:44 > 0:13:47Preparing the file is very important as well.
0:13:47 > 0:13:50It's not only useful for the exam on Wednesday,
0:13:50 > 0:13:52but it could be useful for practice
0:13:52 > 0:13:55because it includes a lot of procedural notes.
0:13:55 > 0:13:56I'm feeling quite confident.
0:13:56 > 0:13:59I've developed my notes from the start of the year.
0:13:59 > 0:14:02I've kept notes for each subject that we've done
0:14:02 > 0:14:05so I think I'm in a good position.
0:14:05 > 0:14:08Although the file is only part of it,
0:14:08 > 0:14:11we have to be able to look at the brief
0:14:11 > 0:14:15and see what issues actually arise so we can make use of the file,
0:14:15 > 0:14:18so obviously it depends on the day as well.
0:14:37 > 0:14:38It's a nervous wait,
0:14:38 > 0:14:41but Jason passes with flying colours.
0:14:41 > 0:14:45It's the beginning of his professional career,
0:14:45 > 0:14:48but before Jason earns a single penny
0:14:48 > 0:14:52he has to fork out nearly £700 on his professional kit.
0:14:53 > 0:14:55Come on over here.
0:15:05 > 0:15:07OK, have a look at yourself in the mirror there.
0:15:07 > 0:15:10It's a bit surreal, so it is, having it on for the first time.
0:15:10 > 0:15:13But, no, I think it looks really well.
0:15:13 > 0:15:16Can't wait to be called, having the shirt and the bands,
0:15:16 > 0:15:17the collar on as well.
0:15:17 > 0:15:19Yeah, really can't wait.
0:15:20 > 0:15:23If it is pristine then you're seen as the junior Bar,
0:15:23 > 0:15:25they know you have just been called,
0:15:25 > 0:15:29the more tatty it is, they see that you've got experience.
0:15:29 > 0:15:32I've heard a few stories about people sitting on them in the car,
0:15:32 > 0:15:34wiping up coffee stains,
0:15:34 > 0:15:37just generally throwing them about
0:15:37 > 0:15:41and giving them a bit of rough handling, I'd say.
0:15:41 > 0:15:44But I don't think I'll be doing that yet,
0:15:44 > 0:15:47I'll let my parents see it first in pristine condition.
0:15:49 > 0:15:53It's the day of the Judicial Review into the government decision
0:15:53 > 0:15:55to allow the demolition of The Athletic Stores.
0:15:57 > 0:16:01The result in this case will have far reaching consequences
0:16:01 > 0:16:04as it will affect buildings not just in Northern Ireland
0:16:04 > 0:16:06but across the whole of the UK.
0:16:09 > 0:16:12A lot rests on this, this is a very, very important case for us.
0:16:14 > 0:16:16When you get to this point, all the work you have done,
0:16:16 > 0:16:19that's well and good, but that is out of your control,
0:16:19 > 0:16:23you have to trust your counsel to make the case on your behalf.
0:16:23 > 0:16:25You get quite nervous to see whether you will hear that presented
0:16:25 > 0:16:28in the way that you expect that to be.
0:16:28 > 0:16:34But it is an amazing feat to be able to distil that and to make the case,
0:16:34 > 0:16:39as we could never do as clients, we do not have that expertise.
0:16:44 > 0:16:47This morning we're starting to present our claim
0:16:47 > 0:16:49for religious discrimination.
0:16:49 > 0:16:51Particularly in a case as this one is,
0:16:51 > 0:16:54which is supported by the Equality Commission.
0:16:54 > 0:16:56I've given an opinion to them,
0:16:56 > 0:16:59to say it's a case with a reasonable prospect of success,
0:16:59 > 0:17:02so to that extent, yes, I suppose there is a degree of apprehension
0:17:02 > 0:17:05and I hope that I will be proved right in that opinion.
0:17:08 > 0:17:12The religious discrimination case is being heard in Belfast.
0:17:16 > 0:17:19Fair Employment Tribunals are very different to courts,
0:17:19 > 0:17:22they were set up as informal gatherings
0:17:22 > 0:17:24to solve problems between employers and employees.
0:17:31 > 0:17:36The whole ethos behind the tribunals was that initially
0:17:36 > 0:17:39persons would be able to come in and represent themselves.
0:17:39 > 0:17:43That's why it is set out in a much more informal manner.
0:17:46 > 0:17:50It's not as informal as it was initially intended to be.
0:17:52 > 0:17:55The same procedure of examining a claimant
0:17:55 > 0:17:59in evidence in chief and cross examination applies.
0:18:00 > 0:18:05The fact that you have to go through those same procedural steps
0:18:05 > 0:18:07and cross examine someone,
0:18:07 > 0:18:10really can make it equally as daunting as a court appearance.
0:18:13 > 0:18:16The case takes five days to hear the evidence and legal arguments.
0:18:18 > 0:18:21All the client can do is wait for the decision
0:18:21 > 0:18:24that will be posted out in several weeks' time.
0:18:24 > 0:18:26What were your views on how it ran?
0:18:26 > 0:18:29'I'm very happy with the way it has ran.'
0:18:29 > 0:18:31I don't think there's been anything left unsaid
0:18:31 > 0:18:33regarding the whole case.
0:18:33 > 0:18:37'It's very nerve-racking.
0:18:37 > 0:18:39'And it's very intense,
0:18:39 > 0:18:42but I just wanted to put my story across
0:18:42 > 0:18:46the best way I could to the panel
0:18:46 > 0:18:50and I believe I did so, so I'm happy with my evidence.
0:18:52 > 0:18:55Previously Ronan successfully represented
0:18:55 > 0:18:56his client Raymond Brownlee
0:18:56 > 0:19:01when he challenged the Department of Justice about access to legal aid.
0:19:01 > 0:19:04But that decision was taken to the Court of Appeal
0:19:04 > 0:19:06and Ronan's about to hear the result.
0:19:08 > 0:19:12We're down to take judgment in the Brownlee legal aid case.
0:19:15 > 0:19:19You want to win because it's an adversarial system,
0:19:19 > 0:19:22but you've a certain detachment as well,
0:19:22 > 0:19:23a professional detachment,
0:19:23 > 0:19:28because you don't have a personal interest in the outcome of the case.
0:19:28 > 0:19:31It's somebody else's interest at stake.
0:19:34 > 0:19:37This time the judges don't agree with Ronan's arguments.
0:19:43 > 0:19:45We lost.
0:19:45 > 0:19:46The basis of the decision
0:19:46 > 0:19:50was that once our client had dismissed his counsel
0:19:50 > 0:19:55in the criminal trial, that he wasn't entitled to new counsel.
0:19:58 > 0:20:00But it doesn't end there.
0:20:00 > 0:20:02Ronan's client is given permission
0:20:02 > 0:20:06to go to the highest court in the UK, the Supreme Court in London.
0:20:12 > 0:20:15Ronan has the morning to set out his arguments
0:20:15 > 0:20:18as to why he feels the Court of Appeal in Belfast is wrong.
0:20:21 > 0:20:24The Supreme Court will make the final ruling on the issue.
0:20:26 > 0:20:31For most barristers this is the ultimate court experience.
0:20:33 > 0:20:36This is my first time in the Supreme Court. It's a challenge.
0:20:36 > 0:20:40But you should have the skills
0:20:40 > 0:20:43to deal with this from your experience in other courts.
0:20:46 > 0:20:48My expectation is that it will be
0:20:48 > 0:20:52a little bit like the Court of Appeal, only up a level.
0:20:53 > 0:20:55I don't know. I don't know.
0:20:59 > 0:21:03Cameras are not banned in this court so proceedings can be filmed.
0:21:03 > 0:21:08There's going to be five Supreme Court Justices.
0:21:11 > 0:21:13We will present our appeal first.
0:21:13 > 0:21:16We've already made written submissions
0:21:16 > 0:21:21so it will be a question and answer session by the five judges.
0:21:21 > 0:21:24Our case is that there should be an exceptionality provision.
0:21:24 > 0:21:26Right, so are you putting all your eggs
0:21:26 > 0:21:27into the exceptionality point,
0:21:27 > 0:21:29and if not what's your fall back position?
0:21:29 > 0:21:31There should, in line with other jurisdictions,
0:21:31 > 0:21:32be an exceptionality provision.
0:21:32 > 0:21:34Yes, but suppose we are against you on that?
0:21:34 > 0:21:36If you are against us on that
0:21:36 > 0:21:41then one might have to look at the facts of this individual case.
0:21:41 > 0:21:45'To be debating and arguing a topic
0:21:45 > 0:21:48'before five of the finest'
0:21:48 > 0:21:52legal minds in the country is a privilege.
0:21:52 > 0:21:56One has to simply look at the rules
0:21:56 > 0:22:00and say whether they give effect to the 1981 Order.
0:22:00 > 0:22:05'The Brownlee case goes to the heart of the criminal justice system'
0:22:05 > 0:22:07and unless you're going to make
0:22:07 > 0:22:09everybody in society millionaires overnight,
0:22:09 > 0:22:12the State is going to have to provide funding to those people.
0:22:12 > 0:22:14Thank you very much.
0:22:15 > 0:22:17Mr Attorney.
0:22:17 > 0:22:20Ronan's opponent, the Department of Justice
0:22:20 > 0:22:22is represented by Northern Ireland's Attorney General.
0:22:22 > 0:22:24A and B seem to me
0:22:24 > 0:22:28to concentrate one's mind on, is it going to be more work?
0:22:28 > 0:22:30Yes, well...
0:22:30 > 0:22:32That's the point in this case.
0:22:32 > 0:22:37The evidence is that it probably wouldn't take a great deal of time
0:22:37 > 0:22:40to come to grips with the case.
0:22:41 > 0:22:44How do you measure time and skill
0:22:44 > 0:22:47if you leave out altogether
0:22:47 > 0:22:50an examination of individual cases?
0:22:50 > 0:22:52But we don't, My Lord,
0:22:52 > 0:22:55it's done by reference to the size of the case,
0:22:55 > 0:22:56the physical size of the case.
0:22:56 > 0:22:59So you simply look at the number of pages and that's that.
0:22:59 > 0:23:02There's no room for an exceptionality provision ever?
0:23:02 > 0:23:07Yes, because provision is already made for it in general terms.
0:23:07 > 0:23:10Is there a rational connection
0:23:10 > 0:23:13between having regard to the cost of public funds
0:23:13 > 0:23:17and saying that we will not under any circumstances
0:23:17 > 0:23:20allow any exception to these figures?
0:23:20 > 0:23:22Yes, My Lord,
0:23:22 > 0:23:27because the Justice budget of which the legal budget is a part,
0:23:27 > 0:23:29has to contend for space
0:23:29 > 0:23:35against a huge number of other competing demands.
0:23:35 > 0:23:37Yes, of course.
0:23:37 > 0:23:40Ronan's client has been sitting in prison
0:23:40 > 0:23:44awaiting sentence since June 2012.
0:23:44 > 0:23:46The judges announce an interim decision
0:23:46 > 0:23:48so that his sentencing can proceed.
0:23:50 > 0:23:52We grant permission to appeal,
0:23:52 > 0:23:56we allow the appeal to the limited extent
0:23:56 > 0:24:01of declaring that the current regulations
0:24:01 > 0:24:05are unlawful to the extent of having,
0:24:05 > 0:24:08not including a provision which,
0:24:08 > 0:24:12to its credit the Department of Justice
0:24:12 > 0:24:16has conceded in paragraph 3.6 and 3.16.
0:24:16 > 0:24:19Well, it went very well, we won.
0:24:19 > 0:24:21You never count your chickens before they hatch
0:24:21 > 0:24:24but we had certainly expected a positive outcome.
0:24:24 > 0:24:26I didn't want to say that before we went in,
0:24:26 > 0:24:29but certainly in the back of our minds
0:24:29 > 0:24:30we were confident about our case.
0:24:33 > 0:24:37What I enjoyed was the informal, discursive environment
0:24:37 > 0:24:40where really it was a collaboration
0:24:40 > 0:24:46in terms of trying to get to what the law is or should be.
0:24:46 > 0:24:52Rather than something necessarily adversarial or combative.
0:24:53 > 0:24:56Overall, tremendous experience.
0:25:02 > 0:25:04Jason's at the Royal Courts of Justice
0:25:04 > 0:25:07for the opening of the New Legal Year.
0:25:07 > 0:25:09Along with other new barristers he's taking part
0:25:09 > 0:25:13in a formal ceremony admitting him to the profession.
0:25:13 > 0:25:16Then there's a year of apprenticeship known as a pupillage
0:25:16 > 0:25:18when Jason will learn the craft
0:25:18 > 0:25:22as he works alongside a senior barrister known as a master.
0:25:22 > 0:25:25There's an atmosphere of excitement,
0:25:25 > 0:25:27it's been a long summer for all of us, really.
0:25:27 > 0:25:30It's the start of a new chapter,
0:25:30 > 0:25:32we've done a lot of our academic work,
0:25:32 > 0:25:35through our degree of law, then the Institute as well,
0:25:35 > 0:25:38so this is the start of our career, essentially.
0:25:40 > 0:25:4431 of you are here today for two purposes.
0:25:44 > 0:25:49One, to be admitted to the degree of Barrister of Law,
0:25:49 > 0:25:53the second is to be called to the Bar.
0:25:53 > 0:25:55That's the start of our pupillage,
0:25:55 > 0:25:57the first six months are non-practicing.
0:25:57 > 0:25:59Mr Jason Elliott.
0:26:01 > 0:26:04If you go into anything else, you start as a trainee
0:26:04 > 0:26:06and you shadow someone more senior than you
0:26:06 > 0:26:08and that's the way it works at the Bar.
0:26:08 > 0:26:09You shadow your master
0:26:09 > 0:26:12and you learn the tricks of the trade, so to speak.
0:26:12 > 0:26:15If you go into any biography of any barrister,
0:26:15 > 0:26:18one of the first things will be their year of Call,
0:26:18 > 0:26:21and it's the thing that every barrister will remember,
0:26:21 > 0:26:26not only career wise but also as a personal goal.
0:26:28 > 0:26:29I'm going to sign two books,
0:26:29 > 0:26:32the first is the Roll of Barristers in Northern Ireland
0:26:32 > 0:26:34and the second is the membership
0:26:34 > 0:26:36of the Inn of Court of Northern Ireland.
0:26:37 > 0:26:42Every barrister that gets called signs the book, signs both books.
0:26:44 > 0:26:46That's me signed the books,
0:26:46 > 0:26:48now off to go down to the Nisi Prius
0:26:48 > 0:26:51to get called by the Lord Chief Justice.
0:26:54 > 0:26:59The new beginning of the legal year is marked by a formal procession.
0:26:59 > 0:27:02As the representative of Northern Ireland's barristers,
0:27:02 > 0:27:04Mark Mulholland QC attends.
0:27:05 > 0:27:09The judges, and Mark as Bar chairman, pay respect to each other
0:27:09 > 0:27:13to highlight the profession's roles and duties in the justice system.
0:27:13 > 0:27:17This is a new legal year, this is the new term starting.
0:27:17 > 0:27:23First of all we have our call to the Bar of our new pupil barristers.
0:27:23 > 0:27:25And the formal procession led by our Lord Chief Justice
0:27:25 > 0:27:30and the High Court judiciary in advance of that call.
0:27:45 > 0:27:49I was called in this term exactly 20 years ago,
0:27:49 > 0:27:51this very week,
0:27:51 > 0:27:53and where has 20 years gone?
0:27:53 > 0:27:54It has absolutely flown.
0:28:00 > 0:28:03Certainly for those who are now coming to the Bar,
0:28:03 > 0:28:06there are perhaps different challenges than I had to face,
0:28:06 > 0:28:09greater numbers, greater competition
0:28:09 > 0:28:11but you would like to think with that
0:28:11 > 0:28:14there is a high quality of young barrister
0:28:14 > 0:28:17who is highly motivated and committed and dedicated
0:28:17 > 0:28:20to start at the outset of this great profession
0:28:20 > 0:28:23and to work very hard and succeed at it.