Chancery Lane Research Articles

On Route to Climate Justice: The Greta Effect on International Commercial Arbitration

Climate change is the greatest global challenge that humankind has ever faced. It has changed the way in which communities, governments and businesses interact with each other, how they contract one with another and what legal disputes they face. National and international legal frameworks currently in place rarely provide the necessary mechanisms to resolve new kinds of disputes that have emerged and as a result, important gaps remain. International commercial arbitration is uniquely placed to respond to the transboundary nature of climate change. Its inherent flexibility, innovativeness, ability to deal with complex, cross-border issues and the possibility to choose a neutral adjudicator according to his/her expertise give commercial arbitration an important advantage over court litigation. However, some of its characteristics that are seen as welcome and desired in different contexts create important challenges for achieving climate justice. Therefore, innovation in this area will be necessary if commercial arbitration is to become an attractive option for resolving climate change-related disputes between businesses. The arbitration community should try to find constructive ways in which commercial arbitration can innovate itself so that it can complement other methods of dispute resolution traditionally used for climate change disputes. climate change, climate justice, ESG, international commercial arbitration, private finance, Paris Agreement, arbitration clause, expertise, transparency, Campaign for Greener Arbitrations, Chancery Lane Project, COP 26

Shifting the mindset of commercial lawyers to rewire contracts, to mitigate climate change more effectively in practice: The Chancery Lane Project

Climate change, sustainable use of natural resources and biodiversity no longer live in an ‘environmental box’ but are increasingly a central element of commercial decision-making. A fair and sustainable transition to net zero and the associated climate adaptation and mitigation can be driven by the legal community but will need a shift in the values and norms that inform how lawyers and law firms conduct themselves and view their role in, and impact on, society and the environment. Environmental lawyers are key to informing and enabling their commercial colleagues to make this shift. The Chancery Lane Project has facilitated collaboration by lawyers from a wide range of practice areas and across several jurisdictions to produce a significant selection of climate-conscious clauses. However, with the time to solve the climate crisis rapidly running out, the project needs more lawyers from around the world, including those with environmental expertise, to guide, inform, participate in and support their own organisations, clients and others to deliver the essential change needed to achieve a more sustainable and just future. Rewiring contracts to tackle climate change should, if done right, lead to a significant improvement in mitigating climate change across an array of industries across the world.

Negotiating New Curves Along Chancery Lane: Four More Questions on Fiduciaries

Negotiating New Curves Along Chancery Lane: Four More Questions on Fiduciaries

Love and Dishonour in Elizabethan England: Two Families and a Failed Marriage, by Ralph Houlbrooke

One beautiful autumn afternoon in 1979, Professor Ralph Houlbrooke discovered a tightly rolled vellum strip of over five metres length in the old Public Record Office, Chancery Lane. It described in poignant detail the clandestine marriage and marital breakdown of a late-sixteenth-century couple from East Anglia, Charles and Elizabeth Forth (née Jerningham). Captivated immediately, Houlbrooke resolved to revisit the case in his retirement. Thirty-nine years later, the resulting monograph has been published. Meticulously researched, this magnificent microhistory unravels the twists and turns in the (mis)fortunes of two families, culminating in a fateful marriage. Chapters One and Two introduce the Jerninghams, a long-established Catholic family from Suffolk, and describe their rise and ruin between the 1300s and 1500s, with a particular focus on the escapades of John Jerningham, the father of the book’s protagonist, Elizabeth Forth. In Chapter Three, we meet the contrasting Forth family, descendants of wealthy Hadleigh clothiers, who acquired substantial landholdings in the early 1500s, and became highly respected members of the Protestant elite.

PREFACE

I would like to thank the many people who helped in the preparation of this volume. I must thank Dr Patrick Zutshi, Cambridge University Archivist, for his kind permission to edit the volume for publication as well as the staff in the Cambridge University Library Manuscripts Room, Rare Books Room and Official Publications Room, the Seeley History Library at Cambridge, the British Library Manuscripts Room staff, and the staffs of the old Public Record Office at Chancery Lane and the National Archives at Kew. My doctoral supervisor, the late Sir Geoffrey Elton, was a great source of encouragement in plumbing the vast Cecil archives and related state papers, and the administration of the Principal Secretariat. The late Wallace MacCaffrey, a great friend and examiner, was always willing to discuss finer points on Burghley at the tea room of the Library and I miss him very much. The late Patrick Collinson was, in a real sense, the inspiration behind this publication. He saw that the manuscript materials relating to the Cecils’ transfer of power could be better worked through in an edition of these papers than by a traditional monograph. He called the volume the ‘spine’ of the work of father and son.

Just Another Day in Chancery Lane: Disorder and the Law in London's Legal Quarter in the Fifteenth Century

Scarcely any turbulence, quarrels or disturbance ever occur there, but delinquents are punished with no other punishment than expulsion from communion with their society, which is a penalty they fear more than criminals elsewhere fear imprisonment and fetters. For a man once expelled from one of these societies is never received into the fellowship of any other of those societies. Hence the peace is unbroken and the conversation of all of them is as the friendship of united folk. This was Sir John Fortescue's idealized account to the exiled prince of Wales, Edward of Lancaster, of the peace-loving nature of London's Inns of Court and Chancery in the mid-fifteenth century. Fortescue was not concerned with the reality, which, as he knew all too well, was different. He was concerned with impressing on his young pupil the perfection of the English law and the education of its practitioners, rather than the imperfections that existed in a society that the prince, as he explicitly told him, would never experience. Few who were familiar with the legal quarter that surrounded the Inns would have recognized the Arcadia that Fortescue described. Far from being the peaceful and well-ordered district that the former chief justice invoked, in the period when he wrote the area to the west of London's Temple Bar was a liminal space, populated by—among others—large numbers of young trainee lawyers, in whom the kind of unruly behaviour otherwise also associated with the early universities, not least the western suburb's Paris counterpart, the quartier latin to the south of the river Seine, was endemic. Among the most important factors that made it so was the very existence of the established, and to some extent tribal, all-male societies of the Inns of Court and of Chancery, at close quarters with the royal law courts and their heady mix of disputants and hired legal counsellors in permanent competition with each other.

Antitheatricality and the Body Public by Lisa A. Freeman

Reviewed by: Antitheatricality and the Body Public by Lisa A. Freeman Susan Bennett Lisa A. Freeman. Antitheatricality and the Body Public. U of Pennsylvania P, 2017. 361 Pp. IT IS REMARKABLE THAT FOR ALMOST FORTY YEARS Jonas Barish’s The Antitheatrical Prejudice (U of California P, 1981) has remained the definitive, go-to reference for scholars who wish to address or simply cite matters of antitheatricality. It is, therefore, a bold—but certainly timely— move by Lisa Freeman to analyze antitheatricality anew. She delivers on this task with a thorough and thought-provoking investigation realized in a compelling series of case studies that demonstrate the pervasiveness of antitheatrical onslaughts across theater history. She considers the “contentious discursive environment, political, religious, philosophical, literary, and dramatic,” in which antitheatricality is produced and understood, looking at both familiar and less well-known examples from “Anglo-American archives” (5–6). While the book is a must-read for researchers working on any period of British or American theater, she hopes that it might also be “a model for further research on the political and cultural significance of antitheatrical attacks in other nations, places, and states” (6). I am confident that scholars interested in those “other nations, places, and states” will find Freeman’s work productive and inspiring. Of most interest to early modernists, chapter 1 is a remarkably detailed interrogation of evidence related to the 1634 Star Chamber trial for sedition of William Prynne, author of the 1000-plus-page antitheatrical volume Histrio-Mastix. Freeman opens with James Shirley’s The Triumph of Peace, a masque written as a repudiation of Prynne and his publication, performed at the Banqueting House for the King and Queen a mere four days before the trial began. As she persuasively demonstrates, the performance of 3 February 1634 started well before The Triumph of Peace addressed its audience at court: “a magnificent, torchlit procession filled the streets of London” and wowed crowds along its route from Chancery Lane to Whitehall Palace, led by “one hundred Gentlemen of the Inns of Court” and accompanied by pages, footmen, dancers, musicians, and four Roman-style chariots (each pulled by six horses) (11). For Freeman, the procession across the city made “popular cause” with its urban spectatorship, staging “a reciprocal interest in the power of the common law to curb monarchical overreaching” (22). The Triumph of Peace not only appeared to deliver a conventional “show of submission” to the king (30), but also addressed, “as a competing locus [End Page 155] of authority, judgment, and interpretation,” the gallery reserved for the Gentlemen of the Inns of Court located directly behind the royal party (29). Moreover, it was a pre-trial intervention equally directed to a reading public: three thousand copies “were printed ahead of time and made immediately available for sale. The masque became one of the most talked-about spectacles in London, and more copies had to be printed” (29). Freeman argues that the lawyers’ various strategies were effective in shaping public opinion, a concept “just beginning to emerge and to be recognized for its political and rhetorical efficacy” (30). Prynne’s Histrio-Mastix was another, if more protracted, attempt at shaping public opinion. As Freeman suggests, no critical account of such a massive and intricate text can realistically claim to be comprehensive, and thus she chooses to focus on “the practical concerns and rhetorical effects of the paratexts,” observing a “rhetorical dramaturgy of call and response” intended to persuade its readers to embrace “Calvinist proscriptions” (39). Through analysis of the different elements that structure the enormous volume, Freeman elucidates how and why the book was held seditious. Both The Triumph of Peace and Historio-Mastix serve as critical background to her scrutiny of records of the court proceedings. While these court proceedings have received significant scholarly attention, Freeman’s account has the advantage of a recently discovered manuscript, Eng 1359, the “most exhaustive account of the trial and what appears to come closest to a complete, though not necessarily official, transcript of the proceedings against Prynne” (63). This manuscript, held in Harvard’s Houghton Library, provided the author with “an unprecedented opportunity” to examine and illustrate “the distinct rhetorical posturings and...

184 Years Not Out: a Brief history of the Library of the Law Society of England and Wales

AbstractIn this article Michael Maher, Librarian of the Law Society of England and Wales, examines the history of the extensive library on Chancery Lane, the range of services it provides to help support its members (including their agents i.e. law librarians) and the future plans for the library.

The ‘stormy latitude of the law’: Chancery Lane and street improvement in late Georgian London

Using newspapers, plans, London guides and parish records, this article describes the arguments concerning improvement of the street environment in Chancery Lane, from around 1760 to 1815. This area of London was marginal to the great centres of Westminster and the City and, therefore, analysing its development challenges the standard binary model of the metropolis, generally used by historians of the late eighteenth century. The importance of local political conditions to the success of street improvement is examined, including the fragmented jurisdictions of local parishes and the popular association of Chancery Lane with the legal profession.

‘Could It Just Possibly Be?’

‘Could it just possibly be?’ Revel, Riot and Rebellion at Thirty Susan D. Amussen Has it been thirty years? I ask this because my relationship to David Underdown’s Revel Riot and Rebellion is more than academic. 1 When I entered graduate school at Brown University in 1976 he was finishing ‘The Chalk and the Cheese’ – so the questions and theories about allegiance and regional cultures that were at the center of the book were always part of my experience of him. 2 As my own work developed, and particularly as I was doing research for my dissertation, we shared ideas and interpretations as we both sought to understand early modern communities. These were rich exchanges, by letter or in person. There were a number of times when we were both working in the old P.R.O. on Chancery Lane, and spent lunches, or teas at the Institute of Historical Research making sense of Star Chamber cases he was reading, or Assize cases I was reading. He noted that conversation in the acknowledgments, as well as in the dedication of the book. What he did not say was that the book and the ideas in it were the intellectual soundtrack of our courtship; it was published soon after we were married. So the book itself played an important role in my life, intellectually and personally. Re-reading the book after thirty years to reflect on its ongoing impact, I am struck by three things. First, it was an idiosyncratic project, going against the tide of then fashionable historiography. Underdown was following his nose, the internal logic of his research and reading. The early 1980s were the heyday of Revisionism, which not only rejected the notion that there were long term causes of the Civil War and Revolution – something Underdown offers as a governing assumption on p. x – but also focused on elite politics, primarily at Court or sometimes in Parliament. When he reviewed the book in the London Review of Books alongside a book by David Starkey, Conrad Russell was plainly bemused that while, ‘If Dr Starkey wishes

Shaw's Sites of Knowledge

Shaw's Sites of Knowledge

SHAW'S LONDON THEN AND NOW

SHAW'S LONDON THEN AND NOW

Editor's Introduction

A large number of the English judgments in this volume are taken from the shorthand notes and transcripts of Marten Walsh Cherer Ltd, Shorthandwriters, 1st Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP, who in addition to providing transcripts have given the Editor substantial practical assistance. During 2010 the following have submitted reports, made suggestions for reporting or have assisted with the preparation of reports: H.H. Judge Michael Fysh Q.C., Geoffrey Hobbs Q.C., Michael Edenborough Q.C., Simon Malynicz and Mark Chacksfield, Barristers. The Editor wishes to thank Professor David Vaver, Tony Willoughby of Rouse Legal, Tibor Gold, Tan Tee Jim, SC of Lee & Lee, Singapore and Pravin Anand of Anand & Anand, Delhi who have contributed reports. The Editor also wishes to thank the clerks to the patents judges, her clerks and the clerks to the London barristers mentioned above for their assistance in checking the...

A Dress without a Home: The Unadopted Academic Dress of the Royal Institute of British Architects, 1923–24

Following the death of Bill Keen, the Managing Director of Ede & Ravenscroft, in 1996, one of [Goff's] tasks, as Academic Consultant, was to sift through hundreds of files and letters at the Chancery Lane premises. On one occasion, a yellowing, quarto-size page fell out of a book. It was headed Supplement to the Journal of the Royal Institute of British Architects, and the bold title of the piece caught his eye: ‘Proposals for the Adoption of an Academic Dress for Members and Licentiates of the Royal Institute of British Architects’. This was followed by some illustrations of the costume for Members (that is Fellows and Associates) and Licentiates, and these are reproduced [in the article], by permission. [Excerpt].

A Visit with a Russian Poet

Ballads such as this last one were notably sung by sellers at a stand near Chancery Lane. Thackeray, who is credited as the author of an anonymous article on broadside ballads in Frasers Magazine in 1839, writes: Ballad singers come and chant here in deadly guttural tones satirical songs against the Whig administration, against the bishops and dignified clergy, against the German relations of an august royal family. Morgan s social-political verses must have been sung or chanted and sold in quantity here and elsewhere in London and across England. His poetic ardor, verve, scorn, humor, and idealism must have been helpful in the cause of liberal-radical reform. He seems to me to deserve a place in the high rather than low history of his times and in the high rather than low history of the book. I am putting a collection of his ballads together as my last piece of work on authors with empty purses.

Matilda Betham: A New Biography

Previous articleNext article No AccessMatilda Betham: A New BiographyElaine BaileyElaine Bailey Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by The Wordsworth Circle Volume 38, Number 3Summer 2007The Wordsworth-Coleridge Association Meeting, 2006 Article DOIhttps://doi.org/10.1086/TWC24045139 Views: 1Total views on this site © 2007 by The University of Chicago. All rights reserved.PDF download Crossref reports no articles citing this article.

King's Dialogues: Literature and Medicine

King's Dialogues:Literature and Medicine Introduction Neil Vickers (bio) and Brian Hurwitz (bio) The King's Dialogues in the Humanities is a series of lectures held from time to time at King's College in the University of London. The lectures are generally given by internationally celebrated figures. Typically, a scholar who has crossed a disciplinary boundary—often against prevailing orthodoxies—explains why he or she did so, reflecting, perhaps, on issues of interdisciplinary permeability and miscibility; but the formula is flexible enough to allow for individual variation. In 2005 the theme chosen was Literature and Medicine to mark the launch at King's of what is believed to be the world's first master's program in the field.1 Eight lectures were given by leaders in our field: George Rousseau gave his personal view of the history of literature and medicine as seen from a literature department. Oliver Sacks discussed narrative genre and the case history. Rita Charon elucidated the poetics of house calls. Ron Britton asked what psychiatry and psychoanalysis can learn from literature. Richard Horton used what he called Elizabeth Gaskell's "literature of public health" to make an impassioned plea for a contemporary counterpart, a literature of global health centered on the plight of Africa. Sally Shuttleworth compared the portrayal of childhood in nineteenth-century psychiatry with literary depictions of the child. Brian Hurwitz considered the representational forms of clinical case histories. And Shlomith Rimmon-Kenan discussed what literary theory might learn from illness narratives. The excitement that ran through the room on lecture nights was felt beyond these occasions. Although they attracted a fair share of London's specialists in our field, lectures were open to the public and not just to members of the university; they were dialogues not only between scholars but also between scholars and the wider world. The setting was historic. All the lectures except one took place in a [End Page 189] room that from the fourteenth through nineteenth centuries was the Rolls Chapel in Chancery Lane, where for the last hundred years the Magna Carta has been displayed—a fitting symbol of the intellectual enfranchisement at which the series aims. Reassuringly, perhaps, the funerary monuments of former Masters of the Rolls—senior judges who held custodianship of the parchment records of the Court of Chancery—could be glimpsed behind the podium. We are fortunate to publish three of the lectures here for the first time. The dialogical character of Richard Horton's lecture was perhaps most complex. Though they lived in what was undoubtedly a progressive social era, Victorians liked to take a "long" view of social advancement. The age teemed with ingenious reformers, many of whom achieved the difficult feat of pleasing the privileged and extolling the plight of the needy at the same time. The compromises on which these achievements were based sometimes strike us as unbalanced and even shoddy. Edwin Chadwick (1800–90) proposed to "solve" the problem of child labor by recommending an eight-hour day for children under thirteen, complemented by three hours of education. Employers desperate to avoid restrictions on adult labor applauded him, and Chadwick's proposal was rushed into law. The consequence—not quite unforeseen—was the beginnings of free schooling for children. The same Chadwick who would go on to become a hero of public health as the author of the Report on the Sanitary Condition of the Labouring Population of Great Britain (1842) played no negligible part in framing one of the most detested pieces of "reforming" legislation of the whole nineteenth century: the Poor Law Amendment Act of 1834. Charles Dickens's outrage against the countless humiliations this piece of legislation visited on the poor can be seen in the opening chapters of Oliver Twist (1837–38), in which destitute and helpless young boys are herded into workhouses and sold off to funeral undertakers when they complain. (He was still railing against the Poor Law in 1865 in Our Mutual Friend.) But Chadwick, once secretary to the legal reformer and philosopher Jeremy Bentham, was proud of the Poor Law Amendment Act, going so far as to claim credit for its most infamous provision: the requirement that...

A New Era of Arbitrator Ethics for the United States: The 2004 Revision to the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes

THE PLACE: London. The time: the recent past. We join several distinguished lawyers who have gathered for drinks at their favourite pub following another gruelling day of arbitration at the LCIA's former headquarters on Chancery Lane. The subject has turned to quaint and bizarre customs in other parts of the world. We listen in: > And can you believe those primitive savages in the former colonies in America – they still have capital punishment and partisan arbitrators! > > Incredible. Perhaps they should apply one vice to cure another – hang them all! (General laughter and another round of drinks.) I regret to report that capital punishment proceeds apace with murderous efficiency in many parts of the United States. However, by virtue of the approval by the American Arbitration Association and the American Bar Association of the 2004 Revision to the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes, effective 1 March 2004 (the ‘2004 Revision’),1 the device need not be brought to bear to redress the historic partisanship of party-appointed arbitrators. The 2004 Revision replaces the 1977 Code of Ethics for Arbitrators in Commercial Disputes (the ‘1977 Code’). This is a watershed event. By applying a presumption of neutrality, with concomitant guidelines on disclosure and communications, the 2004 Revision brings the American system of arbitrator ethics substantially into line with international norms. In the age of globalization, the 2004 Revision has important international implications. Many international arbitrations are conducted in the United States. Many others involve American arbitrators or American counsel. Any change in the prevailing ethical standards will alter the perspectives and conduct of both. By harmonizing the domestic American practice with international standards, particularly those bearing on arbitrator neutrality, the 2004 Revision should support the enforcement of American awards in foreign jurisdictions. The 2004 Revision addresses three principal …

The Law Collection at King's College, London

Ann Lees explains the background to the move of Kings College Library from the Strand to its new headquarters in the very imposing former Public Records Office building in Chancery Lane and shares with us some of the delights of her new residence.

Major accessions to repositories in 2001 relating to women's history

The Historical Manuscripts Commission (HMC), in its annual Accessions to Repositories exercise, collects information from over two hundred record repositories throughout the British Isles relating to their manuscript accessions during the previous 12 months. The information is then edited and used to produce a number of thematic digests which are distributed for publication in a number of learned journals and newsletters, as well as being made available in full on the Commission's website (www.hmc.gov.uk). The information is also added to the indexes of the National Register of Archives (NRA), which the Commission maintains as the central point for collecting and disseminating information about the location of manuscript sources relating to British history outside the public records. The NRA, which currently contains over 43,000 lists and catalogues of archives, can be consulted in HMC's public search room at Quality House, Quality Court, Chancery Lane, London WC2A 1HP, whilst the indexes to the NRA are also available on the Commission's website. In addition, HMC staff will answer limited and specific enquiries by post, fax (020 7831 3550) and email (nra@hmc.gov.uk). Readers should note that dates for records in this digest are given when known, but that these are covering dates which do not necessarily indicate the presence of records for all intervening years. Records have been included in the digest regardless of whether the deposit has yet been fully catalogued, and readers are advised to check with the relevant repository as to whether this, or any other factors, may prohibit access to the documents