This document is a magazine from the Bracton Law Society (BLS) containing various articles on legal topics. It provides contact information for BLS including their website, Facebook, and Twitter pages. The magazine includes articles on legal aid cuts and whether pro bono work can fill the gap, a new law criminalizing forced marriage, and other topics. It also summarizes events that BLS participated in recently such as the first Exeter vs Bristol varsity competition and the annual Winter Law Ball social event.

1. BLS contact details
• Website - http://www.bracton-law-society.co.uk/
• Facebook - www.facebook.com/BractonLawSociety
• Twitter - @Bracton_Law
Obiter
D i c taTheOfficialBractonLawSocietyMagazine
January Edition 2015

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3. BLS contact details
• Website - www.bractonlawsociety.co.uk
• Facebook - www.facebook.com/BractonLawSociety
• Twitter - @Bracton_Law
OBiter
D i c ta
January Edition
Page
4 Letter from the Editors
6-7 Bristol v Exeter Varsity
8-9 Winter Law Ball
10-11 ‘Government cuts to Legal Aid:
Is Pro Bono sufficient to fill the
gap?’ by Evangeline Lloyd
12-13 ‘To Love and Marry or Marry
and Love? Evaluating the new
law policing forced marriage’
by Caitlin Jenkins Watson
14-15 ‘For better, for worse:
Exploring the moral and legal
implications of reparatory
marriage’ by Samantha Ross
16-17 ‘Democratic Legitimacy in the
European Union: Do we get our
say?’ by Beth Kingman
18-19 ‘The Future of Emerging
Markets: Perils and Profi ts’ by
Jonathan Hall
20-22 ‘Does Legal Education provide
adequate preparation for
Commercial Practice?’ by Aleks
Drabek
24-25 Top Tips when applying to Law
Firms
26 Life as a University Manager by
Anna George
C o n t e n t s
6
8
16
18

4. OBiter
D i c ta
January Edition Letter from
the editors
We would like to open this edition by wishing all Obiter
Dicta readers a very happy New Year! Since our last
publication in September, so much has happened within
the Bracton Law Society…
The Devon Chambers Mooting Competition is officially
underway and BLS members Amoe Mokoena and
Josef Vavoda are through to the third round of the NSLS
tournament. The first ever Exeter v Bristol varsity took place
in November, which saw our debating and sports teams
claim victory and bring home several trophies. Following
a hugely successful introduction to Pro Bono day, students
have been selected for projects set to take place in the
New Year (including the launch of our brand new Schools
Project!) To top it all off, a series of incredible socials
including our Freshers boat party and annual Winter Law
Ball have taken place too!
With regards to Obiter Dicta, a huge thank you must
go out to all BLS members who submitted an article for
the January edition of the magazine. The submissions
we received covered a wide range of interesting topics
and were all of an extremely high standard. A special
congratulations, however, must go out to Jonathan Hall
whose article on the future of emerging markets is the
winner of our essay writing competition. We hope you
enjoy the £100 of Amazon vouchers heading your way!
Finally, we would like to thank all readers and supporters
of Obiter Dicta; it has been an absolute pleasure to
be your editors for the past two editions. We wish our
successors the best of luck and look forward to seeing
how the magazine evolves and develops next year. Have
a wonderful year!
Samantha Ross & Natalie Brunsdon
“A huge thank you must go out to
all BLS members who submitted an
article for the January edition
of the magazine.”

6. OBiter
D i c ta
January Edition Exeter vs
Bristol Varsity
On the 15th November 2014, members from both Exeter
and Bristol Law Societies went head to head in a new
annual varsity. The day consisted of mooting, debating,
touch rugby, football and netball competitions as well
as a joint social in the evening!
Exeter’s third year mooting team triumphed over Bristol,
whilst our first and second years were narrowly beaten in
their rounds. Debaters from Exeter fought back and the
trophy went to the BLS, with both our second and third
year teams coming out victorious!
With an overall draw in debating and mooting, it was all
Term 1 Overview
Our mixed-touch rugby
team, the Bracton
Brawlers, celebrating
their win against Bristol
“We would like to take this
opportunity to thank Burges Salmon
for sponsoring such a
fantastic event.”

7. down to the sports. Our newly formed mixed touch-
rugby team, the Bracton Brawlers, performed
extremely well and won 9-8. Unfortunately, Bristol
secured their victory by winning both the netball
and football matches and were crowned the
winner of the first Exeter v Bristol varsity.
The day ended with a joint pub-crawl and a night
out in one of Bristol’s biggest clubs, Syndicate. A
welcome change from Timepiece and Arena,
everyone had a brilliant night to top off an exciting
day.
We would like to take this opportunity to thank
Burges Salmon for sponsoring such a fantastic
event. We hope all BLS members who participated
enjoyed themselves as much as we did, it wouldn’t
have been the same without you!
Our triumphant third-year debating team, Jaysen Sharpe
and Nabeel Ebrahim, during their debate on Ebola
Our netball team in action
against Bristol
BLS and UBLC football teams

8. OBiter
D i c ta
January Edition Winter
Law Ball
Term 1 Overview
On Tuesday 2nd December 2014, over 250 members
of the Bracton Law Society travelled to the Deer Park
Country House Hotel for the biggest and best event of
the year, the annual Winter Law Ball!
Our social secretaries, Kwasi Yeboah and Louis Dubois,
surpassed expectations and delivered an unforgettable
night all round. The marquee was decorated to
perfection and everyone was dressed to impress. After
sitting down to a delicious three-course meal, we were
all treated to a very special performance by EUJO.
Uplifting jazz music kept us all entertained while we
explored the venue and took full advantage of the
photo booth! After dancing the night away, we didn’t
want the evening to end!
We would like to take this opportunity to thank Baker
& McKenzie for sponsoring such a fantastic event.
We hope all BLS members who attended enjoyed
themselves as much as we did and are looking forward
to the upcoming Spring Ball!
We would like to take this
opportunity to thank Baker &
McKenzie for sponsoring such a
fantastic event. We hope all BLS
members who attended enjoyed
themselves as much as we did
and are looking forward to the
upcoming Spring Ball!

9. Photos
courtesy of
Meeks-Ravyon
Photography
& David Pullum
Photo Booth

10. Obiter
D i c ta
January Edition
Is Pro Bono
sufficient to
fill the gap?
Government cuts to
Legal Aid:
The 3rd-7th November 2014 marked the 13th annual
year of pro bono week, and acted as a reminder to the
legal sector that pro bono work is in increased demand.
This is especially due to government cuts to legal aid
and the consequences that the economic climate
has had on underprivileged sections of society. It must
be noted, however, that although pro bono plays an
active part in ensuring individuals rights and freedoms
are enforced and enjoyed, it can never be regarded as
“a replacement for a properly funded legal aid system”,
but rather “it can go some way towards bridging the
gap.” (DLA Piper Pro Bono). In fact, pro bono is believed
to be best effective when deployed in parallel with
effective legal aid programs. This is to ensure pro bono
can assist in serving those who do not qualify for legal
aid as well as those who cannot afford legal assistance.
In relation to government legal aid cuts, it is clear that
small high-street legal practices are most significantly
impacted, and that the capacity of these private
practices to complete pro bono work will reduce
because of these cuts. It has been reported that firms
with fewer than 81 partners are half as likely to be able
to treat pro bono work as billable, so in the wake of the
economic downturn, pro bono work is seen as an added
extra within these smaller firms, rather than a necessity
(DLA Piper Pro Bono). Consequently, large law firms in
London now carry out the majority of pro bono work.
Thecapacityofprobonoinlargefirmsisprimarilytargeted
at charities, government organisations and non-profit
organisations, as opposed to private individuals (DLA
Piper Pro Bono). Many large law firms in the UK also still
do not employ professional pro bono workers, meaning
that the number of pro bono hours completed continue
to be limited. The result of this is that although there is
growingmomentumbehindcorporateprobonoandthe
need for lawyers to undertake professional responsibility,
there is an uneven commitment to pro bono across all

11. law firms in the UK. As a result, charities and non-
profit organisations are benefiting from free legal
advice, but individuals who fall outside of legal
aid requirements continue to be restricted from
accessing justice.
Similarly, in the face of legal aid cuts and the
economic crisis, many Legal Aid Centres and
high street law firms are closing which is having a
significant impact on individual casework in areas
such as housing, immigration and debt. The needs
of individuals seeking free legal advice in private
law firms outside of London are often unmet due
to lack of reach into rural, regional and remote
communities, where there is a lack of expertise
in relevant areas of law (DLA Piper Pro Bono). This
shows that reduction of aid is furthering the rigidity
in the law and is resulting in vulnerable individuals
being left helpless to severe injustices.
So, pro bono as it stands cannot be seen to be filling
the entire gap created by government legal aid
cuts as inconsistent approaches across the legal
sector have resulted in an ad hoc approach to
achieving justice for all. Legal aid cuts continue to
magnify the gaps between the rich and the poor
in achieving access to justice; a right which should
be afforded to all, regardless of earnings.
However, a rethink in the approach of the UK could
result in pro bono ‘filling’ this justice gap more
substantially in the future. For example, it has been
proposed that there is potential in the near future
for Legal Aid Centres to collaborate with large law
firms; this will aid with the funding of Centres at a
relatively low cost and will enable a substantial
amount of pro bono work to be performed by
solicitors of such firms for the benefit of the
community (DLA Piper Pro Bono).
According to DLA Piper’s
head of pro bono and
corporate responsibility for
the UK, Europe, Middle East
and Asia-Pacific, Nicolas
Patrick, there is a trend
for increasing in-house
pro bono engagement
and as a result, Europe-
based in-house
counsel are looking
for opportunities
in pro bono work
(Who’s Who Legal).
Similarly, earlier
this year, the top
20 law firms in
the UK have
been set a voluntary aspirational pro bono target
at 25 hours per lawyer per year (Who’s Who Legal).
Recent figures from the Committee Encouraging
Corporate Philanthropy’s 2013 report, “Giving
in Numbers”, also stated that 50 per cent of
companies surveyed reported that they offer either
a domestic or international pro bono programme
(CECP). This is an increase from 32 per cent in 2008,
suggesting that corporate pro bono work is on the
rise and that there is a potential for those affected
by the legal aid gap to benefit in some way.
In conclusion, pro bono can be seen to play a
more limited role in achieving access to justice
than is assumed, as the most benefits lie within
the public sector rather than private practice.
This means that the government legal aid cuts
continue to restrict access to justice, despite the
fact that this is seen as an important human right
which should be available to everyone in a fair,
democratic society, not just to those who are able
to afford it. Yet although “the golden age of legal
aid may be slipping away, as governments around
the globe slash legal aid spending”, it is clear that
lawyers are becoming more and more willing to
commit their time and expertise to pro bono work
(DLA Piper Pro Bono). Therefore although pro bono
will not fill the gap generated by government cuts
in its entirety, if larger law firms are able to shift their
pro bono work in the direction of private practice,
for example through collaboration with Legal Aid
Centres, the justice gap will be able to benefit.
Evangeline Lloyd

12. OBiter
D i c ta
January Edition
Evaluating
the new law
policing forced
marriage
To Love and Marry or
Marry and Love?
Within our culture phrases like ‘true love’ and images
of the perfect romance are batted around constantly.
Every year thousands of books and films appear, entirely
centred on this notion. Valentines Day is a commercial
holiday entirely given over to cashing in on this apparent
universal need, and the concept has long become
normalised into our society; hearts, chocolates and
flowers. Sadly however, many girls and women from
across the world are never to experience ‘true love’ of
this sort, as forced or early marriages are a tragic reality
faced by 14 million girls each year across 74 different
countries. In fact the number is probably significantly
higher, as many are cautious about speaking out, so
the true scale of the issue is unclear. The difference
between ‘arranged marriages and ‘forced marriages’
is important to understand. Arranged marriage is when
parents choose to match their daughters or sons with
possible, suitable partners; while a forced marriage arises
when either or both, are not given the final decision
whether to marry or not. Recognising this difference,
forced marriage in the UK has now been made criminal
under the Anti-Social Behaviour, Crime and Policing Act
of 2014. However the availability of information is scarce
and people should be made aware of this very real
matter. It is of the utmost importance.
Undoubtedly many couples that meet through
arranged matches go on to have extremely happy
fulfilling marriages, but it is not to these examples that
I am referring. Many of us are familiar, and deeply
saddened, by the Shakespearean tale of Romeo and
Juliet, a couple who meet a tragic fate for falling in
love with the ‘wrong’ person. But even more shocking
is how in the 21st Century the opposite of this fictional
couple’s story is occurring; that women and men have
no say in who they are allowed to love; being driven
to ‘love’ someone they have hardly met. Perhaps more

13. shockingly, the NSPCC has recorded that children
as young as 12 have been calling ChildLine
regarding forced marriage, with the quantity
of calls soaring up by two-thirds in the past year.
Last year the government’s Forced Marriage Unit
heard over 1,300 cases, and 15% of victims were
under the age of 15; that is, under the UK’s legal
age to marry. The fact that such young girls,
(often the target audience for film corporations,
magazines and the popular music industry,
tirelessly promoting the ideals of ‘true love’ and
other romanticisms) have been affected by forced
marriages, demonstrates what a divided world we
live in. The media is wholly focused on selling songs
and films portraying the beauty of ‘real’ love and
heartbreak, and determined to ignore the harsh
reality of the lack of freedom girls, boys, women
and men are experiencing every day in relation to
their life partners.
Many people will believe particularly that it is
religion to blame; and the cultures singled out in
many minds will be those adhering to the concepts
and beliefs of Islam. However the actual situation
is more complex. Marriage in Islam requires ijab
(proposal) and qubul (acceptance). Forcing
someone to marry consequently means that there
was no qubul, or acceptance - so according to
my understanding it is still the right of the woman
to decide. Why then in today’s culture are these
marriages still occurring despite protest from the
couple? One of the reasons appears to be the
sheer number of people who are simply too afraid
to come forward and ask for help, and this is why
we need to raise public recognition of the issue.
Hopefully those affected will feel more able to
reach out and do just that. Nelson Mandela’s
famous mantra that “Education is the most
powerful weapon which you can use to change
the world” is one of the most simple yet profound of
statements, and I firmly concur that a widespread
distribution of information is the key to changing
the future of these men and women.
The Anti-social Behaviour, Crime and Policing Act,
which came into force in March 2014, is still at too
early a stage to evaluate what effect it has had,
however the new law, will hopefully encourage
people to speak out. Teresa May expressed this
hope by stating that the criminalisation of forced
marriages was “a further move by the government
to ensure victims are protected by the law and
that they have the confidence, safety and the
freedom to choose”. The sheer fact that people
may not have the power to choose whom to love
is staggering, made even more poignant by how
many people, of all ages, are affected. Surely it is
a basic fundamental human right that everyone
should have the freedom to fall in love with and
marry whom they wish.
Aneeta Prem, founder of Freedom Charity,
educating young people about forced marriage,
said the new UK law sent out a “powerful message
that this indefensible abuse of human rights will not
be tolerated”. This message needs to be globalised,
firstly so that people feel confident to come forward
and seek help, and that hopefully someday every
person, regardless of age, sex, race or religious
belief has the freedom at least to dream of their
own ‘Cinderella’ story. The issue is one of freedom;
one culture may point proudly to the number of
successful arranged marriages, made finally with
the full consent of the couple involved; while in
another some may be celebrating their diamond
jubilee with someone met by a chance encounter.
The point is not which method of choosing a
life partner is ultimately superior; it is ultimately
upholding the freedom to decide.
Caitlin Jenkins Watson

14. Obiter
D i c ta
January Edition Exploring
the moral
and legal
implications
of reparatory
marriage
For better, for worse:
In 2012, the world was rocked as the media reported
the tragic story of Amina Filali, a 16-year-old Moroccan
teenager who committed suicide after being forced to
marry the man who had raped her just 7 months earlier.
Sadly, stories like this are far more commonplace than
is reported in the media. The Maghreb region of North
Africa, and many countries across the globe, are still
governed by such law, that marriage is a ‘resolution’ to
the rape of an unmarried woman. This practice remains
ordinary even in countries such as Ethiopia, where rape-
marriage laws have been outlawed.
Seen by Western societies as abhorrently providing a
route of escape for the perpetrator, unbelievably, this
law is seen by the countries in which it is practiced as
a ‘saviour’ to victims. In many of these countries, such
as Algeria and Jordan, a woman’s virginity is extremely
highly prized. A woman who loses her virginity through
rape is shunned by society for being seen as having
brought the attack on herself. Furthermore, she is
considered to have been ‘tarnished’, making it unlikely
that she will marry in the future. Following this train of
reasoning, such societies believe that marriage will force
the rapist to provide for their victim, who will no longer
be shunned as she has married the man by whom her
virginity was taken. This is a loophole designed to rectify a
social problem, rather than to punish a crime. In ‘saving’
the reputation of the victim, the system is depriving her
of justice.
In the majority of countries where this issue remains rife,
the very existence of women proves to be a source

15. of great tension. In the context of a country
where women are thought to be belongings, it is
considered that these reparatory marriage laws
are actually a blessing to victims. In a statement
by Jordan’s first female coroner, it was said that
marriage to the rapist is ‘better than leaving girls to
be killed by their parents or relatives’. This is the sad
truth in many cultures; by being raped, the victim
is perceived as having brought shame on herself
and her family. Deep-rooted social attitudes and
pressures mean that families feel forced to either
conduct reparatory marriages or murder their own
flesh and blood.
However, as appalling as rape-marriage laws
are to Western societies, is this cultural practice
simply representative of the different stages of
civilisation of different countries? Rape-marriage
laws were extremely common around the world
until the second half of the 20th century. Until 1981,
marriage after rape (or ‘reparatory marriage’)
exonerated the culprit in Italy. As late as 1997, 14
Latin American countries allowed this practice;
Morocco and Ecuador only abolished the relevant
provisions in 2014. Should we condemn and despise
countries simply because they have not abolished
such laws as quickly as other countries? In many
Arab countries, it is an inevitable consequence
of their repressive societies and stance towards
women that such laws exist. That is not to say that
we should just sit back and hope that conditions
improve and that laws are abolished. As Western
societies, it is easy to pass judgment on issues that
are no longer a problem in our everyday lives, but
it is equally just as easy to ignore the fact that the
problem remains in other countries. Action needs
to be taken.
This difference in social beliefs is a stark contrast as it
is so far removed from the current reality in Western
societies. Changing such ingrained social attitudes
will take much time and effort, but, in reality, this is
not much to ask for in the fight for women’s rights
and the protection of victims from their attackers.
In 2014, Morocco took a step towards resolving
the fight by abolishing reparatory marriage
laws following numerous riots and protests. This
is the kind of action that is required; proactive
changes to laws are imperative. Allowing rapists
to escape culpability may temporarily placate
social expectations, but it does nothing to resolve
the problem of rape, in fact, it worsens the issue.
I applaud those, both women and men, in rape-
marriage countries who are risking their lives and
reputations to campaign for a better society.
Samantha Ross

16. OBiter
D i c ta
January Edition
The relationship between the United Kingdom and the
European Union can be described as strained at best. In
the run up to a general election and as a response to the
people’s swing towards the far right, considerable pressure
hasbeenputonthenatureofourrelationshipwiththeEUand
whether it is time we reclaimed some of our independence
and sovereignty. It is commonly argued that the EU has too
much control over the United Kingdom, without proper
representation and understanding of national issues. In
essence many believe there is a ‘democratic deficit’ which
denies the EU its legitimacy (Craig and De Burca).
It is suggested the true issue is not one of democratic
representation, but a lack of understanding of a sui generis
international organisation. This is not to say blame should
be apportioned to the individual, it is much more of an
institutional problem stemming from two main factors.
Firstly, the EU is an extremely complicated organisation.
The manner in which its institutions interact and its impact
on a national level is by no means obvious. Secondly,
politicians and more importantly, the media, generate
interest in national political debate and legal issues. In
contrast interest in issues being raised within the EU is almost
non-existent. Can we be surprised that the turnout at the
European Parliament elections in May 2014 was only 35.4%?
(Europarl)
Article 10 of the Treaty on the European Union states that
the EU is ‘founded on representative democracy’. All its
main institutions’ power, legitimacy and accountability can
be traced back to the citizens of the EU. It is therefore an
unconsidered argument to suggest the EU is undemocratic.
Most obviously is the work of the European Parliament,
composed of directly elected MEP’s. The European
Parliament now plays a substantial role as a co-legislator
and an important function in regulating and holding
members of the independent Commission to account.
Citizens play a direct role in establishing this significant EU
institution and an indirect role in controlling the Commission.
The Council of Ministers and the European Council are the
other two key institutions of the EU (aside from the Courts
which clearly should be independent). They are formed
Do we get
our say?
Democratic Legitimacy in
the European Union:

17. from members of national parliaments. Therefore
citizens are perfectly capable of holding these
institutions to account through the control they have
over their governments.
There is no problem in affording national government
democratic legitimacy through elections. It has been
accepted for some time that the most effective way
to get things done and ensure order is to have an
authoritative power. The British government is granted
power through the acceptance of the people,
demonstrated through elections. This acceptance
and therefore legitimacy only arises because there
is a social contract entered between citizens and
the representatives that they will act in the people’s
interest (Locke J).
TheEUdealswithinternational,globalissues.Inmodern
society we are exceptionally more connected and
globalised. Why is it not possible for the principles
which justify national government to be extended
further to the creation of the EU? Cooperation and
harmonization on an international level couldn’t
successfully occur without some control or guiding
authority. The EU, through the permission of national
governments (which are in turn monitored by ordinary
citizens), provides this.
The democratic deficit therefore appears an
unconvincing explanation for the lack of support
in the EU. It is suggested that lack of understanding
creates this fear and suspicion. To appreciate the
manner in which the EU works is no easy task. The legal
framework and practice is in some cases necessarily
difficult as the EU is dealing with a huge number of
people and an extensive range of issues. At times
the organisation is excessively complicated. Over 60
years of progressive development has led to some
unsuitable elements in need of reform. As a whole it is
very difficult for the layperson to understand.
This leads to a lack of appreciation of the EU’s
importance. ‘Around 50% of UK legislation with a
significant economic impact originates from EU
legislation’ (Miller V). The EU has expanded massively
in its competence. No longer is its focus economic,
although the provision of a common market is hugely
important for growth and international links. It now has
a significant social impact. It helps to ensure equality,
protect fundamental human values and has cultural
influence.
With that in mind, what can be said of the political
reaction and promises being made with regard to the
EU? UKIP’s focus on immigration has installed fear and
fired up the nation against the EU. There is a failure
to point out the important benefits it provides and
the huge gap which would be left in the national
legislative framework if we were to the leave the EU.
UKIP seem to be under the impression that a country
governed with very limited external influence and
strained international relations would allow us to
retain “Britishness” (UKIP/Where we Stand/Issues). In a
modern age of globalisation it sounds almost archaic.
Perhaps more concerning is the Conservative reaction
to the unrest generated by UKIP. The promise of a
referendum on membership of the EU is a worrying
thought (European Union (Referendum) Bill 2014-15).
The low turn out to the MEP elections, the media’s
focus purely on immigration and more controversial
EU issues and the general lack of understanding of
how the EU works and why it is so fundamental hardly
suggests there will be a fair, well-informed referendum
on the issue. We are at risk of throwing away decades
worth of work and development in building a more
stable and unified Europe. This shouldn’t be taken
without a proper, detailed consideration of the
implications of such a decision. To brandish terms such
as ‘democratic deficit’ is insufficient. We do have our
say in Europe and it is important that we appreciate
that and use it responsibly.
Beth Kingman
© European Union 2015 - source:EP ©Architecture Studio

18. OBiter
D i c ta
January Edition
Perils and
Profits
The Future of
Emerging Markets:
In 2007, companies’ purchases in emerging markets
totalled $225bn, a figure that signifies how much they
have been willing to invest here in return for huge
benefits. More recently, however, companies have
suffered substantially in fast-growth countries; Vodafone
has invested $25bn in Turkey with only a 1% return in
capital for 2013. Consequently we are left wondering
the future of emerging markets as well as the role of
commercial law in this volatile environment.
Figures for 2013 show sales for Vodafone grew quickly
in the developing world. A sign, some argue, that
companies should expand in fast-growing economies.
But then why has HSBC dropped out of 23 emerging
market businesses? The answer lies in the realisation of
what investment in such countries really means.
Perhaps in order to understand how future emerging
markets will surface, we need to consider how previous
emerging markets have developed; the BRICs model of
development has had a pervasive influence over the
past twenty years.
China has become the behemoth of economic growth
and an integral geo-political player since the 1980s. Its
dramatic development since the 2008 crash has been
almost incomprehensible in scale; 30 airports, metro
systems in 25 cities, 26,000 miles of motorway and a
monumental increase in the Chinese banking sector. In
2008, it was roughly 10 trillion USD in size, now it is 25 trillion
USD. That increase in 5 years is the equivalent size of the
entire current US commercial banking sector, which took
more than 100 years to build. Additionally, considering
the fact that China’s total indebtedness is now double
its GDP, paints the awe of growth in a more unnerving
light. Take the individual example of the city of Wuhan
and scale becomes more comprehensible; the mayor
of this city alone is spending £200bn over five years on
urban redevelopment which is comparable to the UK’s
entire expenditure on improving infrastructure. Wuhan’s
£3bn skyscraper will be roughly double the height of the
Shard and China, in its entirety, is commissioning one of
those every five days.

19. Such a scale of lending from the Chinese banks
is why some commentators argue this economic
miracle could soon come to a catastrophic crash.
Robert Peston observes that “there is no example in
history of that kind of debt explosion not leading to
tears before bed time”. Comparatively, the Chinese
government has revealed economic reforms
that aim to rebalance such excessive debt. While
inevitably slowing growth rate, the implementation
process has barely begun and the threat of a crash
remains ever present.
What this specifically means for the commercial
legal sector is not certain, but it may be suggested
that there will not be a mad rush of preparatory
measures in the expectation of a Chinese economic
crash, but rather a reactionary approach. While
systems have been implemented to restrict a 2008
scenario happening again, China’s huge economic
influence means few people can predict the wide-
reaching consequences in such an event.
Applying a potential outcome of one previous
example of an emerging market is not enough to
predict a similar development in new emerging
markets however. Economist Jim O’Neill has now
identified the ‘Mint’ countries, (Mexico, Indonesia,
Nigeria and Turkey), as the next phase economic
heavyweights. Nigeria must be seen in the wider
context of development within Africa; the continent
accommodates seven out of ten of the world’s
current fastest growing economies, necessitating
an evolution of emerging markets in the future. One
of specific interest is Africa’s potential for renewable
energy. As political pressure for substantive,
regulatory measures mounts ahead of the UN
Climate Change Conference in Paris next year, the
market for renewable energy becomes ever more
accessible and transparent.
Africa offers great opportunities for renewable
energy projects but also a significant set of risks
that investors may not have encountered in
other markets. One obvious threat is the political
risk that utilities will be able to meet contracted
payment obligations; a threat that varies with the
diverse political/economic environments across
the continent. Exchange rate risk similarly worries
investors and is somewhat unavoidable, given
volatile currencies usually correlate with emerging
markets. Other threats include technology,
compliance and regulatory risk. A more contentious
issue is the lack of international debt financing
for African renewables, with commercial lawyers
divided over whether the inability for African banks
tosubstantiallyfundtheseprojects,coupledwithfew
international banks being able to supply financing
in the local currencies, will limit development. What
this means for commercial lawyers advising their
clients, therefore, is that they must be prepared to
explore alternative international financial institutions
other than banks.
Given the tenacious attitude of renewable energy
projects in Africa, the benefits must be substantial.
This is evident in the severe shortage of electricity
supply across the continent; the collective output
of Sub Saharan Africa is the same as Spain’s, a
country with 5% of Africa’s population. The irony is
that Africa has extensive capacity for renewable
resources such as solar, biomass and wind which
are easier to deploy and possess a long term,
sustainable advantage. The sustainable agenda of
many African countries offers financial incentives for
investors and makes regulatory compliance easier
for their lawyers to sort out compared to fossil fuel
projects, which face increasing legal restrictions as
governments try to meet emission targets.
While renewable energy is only a specific example
of the potential future for Africa, it may be emphatic
of a general trend to continue relentlessly investing in
emerging markets. However the risks are becoming
ever more tangible, especially considering the
currentstateofpreviouslyemergingmarkets;China’s
current growth has fuelled a façade of stability and
strength that, in reality, is foundationally fragile.
Despite this threat, the fact that benefits remain
immense, such as those seen in African renewable
energy projects, means investment is unlikely to
stop. Commercial law firms will consequently
have to delicately advise their clients to such risks,
preparing them for threats, which if significant, may
only allow a reactionary response.
Jonathon Hall

20. OBiter
D i c ta
January Edition
Commercial
Practice?
Does Legal Education
provide adequate
preparation for
Having recently read an article by the Financial Times as
well as relying on my own personal experiences, I believe
that legal education is not adequately preparing us for
commercial practice. Neither should it be expected to
do so; learning the law at undergraduate level consists
of considerations of historical cases or statutes, such as
the Pinnel’s Case in contract, or the Statute of Elizabeth
in trusts, which focuses on the history and development
of the law. Law at this level teaches and enhances
our understanding of the main concepts, theories and
applications of the tests and perhaps what issues the
law is trying to tackle. What it doesn’t teach us, for
example, is what the legal or commercial implications
would be of the construction industry output falling in
October (BBC News).
However, hoping for legal education to give you all the
answers is like expecting a layman to understand the
operation of a constructive trust; the commercial reality
is often as predictable and certain as an outcome of
a contentious case. It requires balancing of different
factors, considering alternative solutions, trying to
choose the most advantageous strategy to achieve the
best outcome. Legal education focuses on enhancing
our knowledge, skills and abilities as well as empowering
us to be critical, reflective learners (Lee Harvey). It
is this transformation that enables us to develop our
commercial awareness. Even though the range of tools
available from law schools across the country differs, it
seems that the commercial awareness requirement puts
law students at level playing field in the employability
sector; the onus is on us.
Approach of other Law Schools
The University of Birmingham offers a module focusing
on developing one’s commercial awareness, which
closely mirrors the Exeter Award with regards to its

21. content. Whilst I really like the scheme offered
by Oxford University in allowing the students to
engage in consultancy services, I found that many
law students develop their commercial awareness
by undertaking modules from a business school. As
such, perhaps the module focusing on economics
of financial crises offered by Exeter Business School
could be of interest.
Law Firms
Many international law firms such as Linklaters,
Slaughter and May and Allen & Overy have
developed their own LPC in collaboration with BPP
or the College of Law to allow all their trainees to
get to know each other, as well as to shape the
program in line with their business needs. Law firms
are also refining their training opportunities, with
Linklaters offering Law and Business training and
Simmons & Simmons offering an opportunity to
undertake an MBA during their training contract.
Law firms are also increasingly engaged with
undergraduates by offering workshops and case
study sessions. Having myself attended the Allen &
Overy Case Study and the Berwin Leighton Paisner
presentation, which offered an actual negotiation
exercise, I personally found these events to be
much more helpful to the standard ‘Introduction to
Commercial Awareness’ talks.
What you can do at Exeter (and generally)
As has already been mentioned, the onus is on
you to develop your commercial awareness. There
are many conceptual definitions of what the term
involves and there are also varied stages one can
apply to the term (Alex Aldrige). What I would
focus on in developing commercial awareness is
the understanding of the legal industry and also of
the wider business environment. Realising that law
firms themselves operate as businesses, focusing
on selling and delivering excellent legal services,
deciding whether to outsource their work, focusing
on attracting the best graduate talent whilst also
keepingdowntheircosts,offeringserviceswherever
their clients need them to is a difficult balancing
exercise to engage in. Since law firms are often
focused on employing their future partners, it is
imperative for you to understand the legal sector as
well as the wider economic backdrop within which
clients operate. This can be achieved through a
number of ways…
Work Experience:
First year programs, such as the Linklaters Pathfinder
scheme, which offers a two-day insight and
shadowing scheme, could be beneficial. Vacation
schemes, additional work experience as well as ad
hoc events are also helpful towards developing
one’s knowledge of the industry. Having myself
attended both the Women in Law Conferences
at Shearman & Sterling; I developed a greater
understanding of the career from a female
perspective. This included balancing family life and
a demanding legal career, as well as what the city
is doing to target this issue e.g. the WILL network.
Conferences:
The European Pro Bono Forum and the City Live
Conference offered a variety of networking
opportunities as well as a chance to develop one’s
understanding of the pro bono sector; should pro
bono be compulsory within law firms? Should it
count towards billable hours? By engaging in pro
bono work, are international law firms indirectly
affecting the workload of smaller firms? These are
only some of the questions I was left with upon
returning from the Conference. Students must
not underestimate the importance of law fairs
and conferences, such as the upcoming ‘How to
Get Hired Live’, in exposing you to the industry, its
problems as well as its culture.
Organisations:
Whether one is interested in becoming a solicitor
or a barrister, joining Aspiring Solicitors or one of the
Inns of Court, would enable you to attend a variety
of events.
Subscriptions:
These include Lawyer 2 B, The Lawyer and The
Economist.
General Talks:
Talks from firms such as Slaughter and May on
taxation of multinationals as well as LSE open
lectures on the European debt crisis could offer
some food for thought.

22. OBiter
D i c ta
January Edition
Schemes:
Having myself benefited from the Exeter Mentoring
Scheme and a Shearman & Sterling mentor, I would
definitely recommend applying or taking advantage of
the eXepert scheme, which has put me in contact with
partners from Baker & McKenzie and Freshfields. Such
an experience can be utilized not only for application
help, but also for developing one’s knowledge of the
type of work the firms are doing.
To conclude, I haven’t found commercial awareness
introductory talks, guides or books useful. I often find their
commitment to explaining commercial awareness, its
usefulness as well as referring one to even more books,
slightly tiresome. As such, students should be focused on
active engagement with the legal profession through
events, work experience and schemes. They should also
utilize the ‘news’ section of prospective law firms, their
rankings, awards, clients, training as well as the informal
“rollonfriday”. This research not only helps in interviews
but also allows you to compare the service offered
within those firms. Recognising how they are remaining
competitive enables you to see and identify trends
which are to be followed in the future.
Aleksandra Drabek
Dentons.
The new global law firm created
by Salans, FMC and SNR Denton.
Join Dentons and you will launch your career in a fast-
paced, dynamic global firm. Join Dentons and you will
have access to the calibre of training, support and
practical experience that leads to success. Join
Dentons and you will be given all the responsibility
you can handle, right from the start. Interested?
Learn more and apply at dentons.com/uk-graduates
© 2014 Dentons.
Dentons is an international legal practice
providing client services worldwide through
its member firms and affiliates. Attorney
Advertising. Please see dentons.com for
Legal Notices.

23. See our
world
In law?see your futureyou
DO
Training Contracts and Vacation
Schemes £37,500 per annum starting
salary
We’re known for advising and looking after our clients in an innovative way, so we
develop our trainees into interesting, imaginative lawyers.
From our groundbreaking MBA programme to international and client secondments,
we make sure our trainees are stretched and can experience business and legal
worlds from different angles.
That’s why whether you join us as a law or non-law student, at Simmons & Simmons,
you’ll see more, learn more and achieve more.
simmons-simmons.com/graduates

24. OBiter
D i c ta
Freshers Edition When Applying
to Law Firms
TopTips
For many law students, the start of the New Year is
greeted with exam stress and application deadlines. In
order to beat those January Blues and give yourself the
best chance possible, make sure to follow these top tips
when applying to Law Firms this year….
Quality not Quantity
Applications are immensely time consuming and
difficult to master. Focus your energy on submitting a
handful of carefully researched applications to firms you
are genuinely interested in. The graduate recruitment
manager at Mayer Brown International says “there’s
no need to apply to 40 firms; make 4 or 5 targeted
applications instead. Invest a significant amount of time
on each application and consider it another module of
your degree”.
Research the Firm
Make sure you thoroughly research the firms you are
applying for (not least to make sure it’s the right place
for you!) Each application should be individually tailored
and personal; know what makes the firm unique and
why you want to work there. If you can copy and paste
your answers between different applications, you are
not being specific enough! Personal affiliations with firms
are also highly regarded so make sure to include details
of any open days or employer presentations you have
attended. This includes any contacts you might have
made whilst networking; it really makes a difference if
you can include names of any trainees you have spoken
to.
Check spelling and grammar
Demonstrating your writing ability and attention to
detail is crucial. Errors and mistakes in applications will
count heavily against you and imply a rushed, careless
attitude. Having someone else to act as a fresh pair of
eyes and check over your final submission is an easy
way of avoiding these mishaps.

25. Read the news
Commercial awareness is an essential skill that
is often tested during both the application and
interview stage. The problem is that many people
don’t really know what it is or how to apply it. Staying
up-to-date on daily events and developments
in the business and commercial world is a good
place to start. Make your applications stand
out by answering questions within the context of
the current economic and political climate. The
Financial Times, the Economist and BBC News are
all excellent, accessible sources of information for
students.
Get your applications in early
If possible, avoid leaving things until the last minute.
Many firms recruit on a rolling basis and will have
more time to consider your application if you
submit it early. Clare Harris, associate director of
legal resourcing at Hogan Lovells, says “you’d be
surprised how many emails my team gets from
applicants who’ve missed deadlines, or from those
giving details about why they have missed the
deadline and to see if there is any flexibility. With so
many applicants for each placement, we do have
to be strict about deadlines”. The most popular
closing date is the 31st January so time is of the
essence!
Natalie Brunsdon
Working with international offices
should feel seamless. Yet not every
firm works this way. Even fewer do it
with the strong sense of shared culture
and collaboration that we have fostered
at Hogan Lovells. We routinely tackle
complex, high profile cross-border
deals; but we always tackle them as one.
That’s why for us, and your career,
this is the best of all worlds.
hoganlovells.com/graduates
The best
of all worlds.
All in one place.
Careers in law
HGL_418785_107x165_GRADPROSP.indd 1 09/07/2014 16:53

26. OBiter
D i c ta
January Edition
University
Manager
Life as a Norton Rose
Fullbright’s
“I thought the University Manager’s
role would be an excellent way
to gain an insight into a
leading global law firm.”
As a fresher I first heard about Norton Rose Fulbright through
the previous University Manager. She was very proactive in
promoting the firm on campus and did a lecture shout out
advertising the University Manager position. It was also around
the time that Norton Rose announced their combination with
the US law firm Fulbright & Jaworski so were often making
headline news in the legal press. They were clearly committed
to global expansion and I very much wanted to represent such
a dynamic and forward thinking firm.
As the first in the family to consider a career in law I thought the
University Manager’s role would be an excellent way to gain
an insight into a leading global law firm. The role is also unique
in that it provides a law student with ongoing contact with the
working world.
There also seemed many synergies between Norton Rose
Fulbright and Exeter, both in terms of their strategy and their
achievements. Just as Exeter enjoys high student satisfaction
levels, Norton Rose Fulbright are consistently voted “the
employer most lawyers would like to work for”. Representing a
law firm with a human face was really important to me.
The University Manager position has benefited me on so
many levels. Not only do you have a continual dialogue with
the graduate recruitment team but there are also valuable
opportunities to meet partners, their associates and trainees.
IhavealsofeltfarmoreconnectedwiththeUniversity,frequently
interacting with students across all year groups, liaising with the
Career Zone and contacting staff in both law and non-law
departments. As a result I believe I’ve grown in confidence and
maturity – I certainly feel responsible when talking to students
in formal circumstances, taking their questions seriously and
knowing that your answers are being listened to!
The role also tests a number of the competencies that firms
look for in their lawyers. One of my greatest challenges was
designing and organising an event for first year students.
From setting the date (avoiding winter storms!) to booking an
appropriate venue through to student sign up, the event was a
very real test of resilience, leadership and teamwork!
Working with a global firm of Norton Rose Fulbright’s standing
certainly helped sway my decision to study abroad this year.
The firm have also kindly offered me some work experience in
their Singapore office.
I have thoroughly enjoyed my year promoting Norton Rose
Fulbright to Exeter students and have no doubt that my
successor, Meghan Bryson, will have just as much fun!
Anna George, University Manager 2013/2014

28. WHO SAID
YOU CAN’T
HAVE IT ALL?
High quality client work,
collective wisdom.
An international outlook,
a collaborative approach.
Breadth of experience,
early responsibility.
A firm with a rich history
and a bright future.
TRAINEE SOLICITORS, BRISTOL
www.burges-salmon.com/careers
@BurgesSalmonTS
Burges Salmon LLP is an equal opportunities employer