Tag Archives: Antonia Layard

Re-Imagining Land Law & the SQE

By Prof Antonia Layard, Professor of Law (University of Bristol Law School).

© Neil Howard

On Tuesday, 26th September, 45 self-confessed land law nerds travelled to the University of Birmingham for a workshop on Reimagining Land Law organised by Emily Caroll. The workshop – the latest in a series run by the Centre for Professional Legal Education (CEPLER) at the University of Birmingham – saw thirteen law teachers, a barrister and a judge, presenting on how to teach, assess and craft a syllabus for land law.

While the workshop’s aims were lofty (how do we teach the subject we love most effectively?) there was much debate about the proposals released in June 2017 by the Solicitors Regulation Authority for the Solicitors Qualifying Exam (SQE). The SRA Board has decided to introduce the SQE as a common assessment for all would-be solicitors from late 2020. The new qualification will consist of four elements so that, by the time candidates seek admission as a solicitor, they must: (1) have passed SQE stages 1 and 2, demonstrating that they have the knowledge and skills set out in the competence statement to the standard prescribed in the Threshold Statement; (2) have been awarded a degree or an equivalent qualification, or have gained equivalent experience; (3) have completed qualifying legal work experience under the supervision of a solicitor or in an entity under SRA regulation for at least two years (or full-time equivalent); and (4) be of a satisfactory character and suitability, to be assessed at point of admission. Continue reading

What is Legal Geography?

By Prof Antonia Layard, Professor of Law (University of Bristol Law School) *

Legal geography is an exciting and emerging cross-discipline, exploring how people and places co-constitute the world. It proceeds from the premise that the legal co-creates the spatial and the social while the social and the spatial co-create the legal. There is reflexivity. Once we accept this premise, however, the hard work begins. How do we work out what ‘work’ legal provisions and practices are doing to create spaces (national, regional, local or private) and how do spatial and social settings inform the application of legal rules and principles?

In a piece that was commissioned by Geography Compass, both to provide an overview of where legal geography is today as well as to consider where it is heading, Luke Bennett and I developed the idea of becoming a ‘spatial detective’. We suggested that there is much to learn by both legal scholars and geographers becoming ‘spatial detectives’ – of learning, Sherlock Holmes-like, to search out the presence and absence of spatialities in legal practice, and of law’s traces and effects embedded within places. To make this argument, we revisited the debates around the case of R –v Dudley & Stephens ((1884) 14 QBD 273, still a classic in Law Schools).

bookOn 6th September 1884, three sailors arrived in Falmouth and reported to the local Customs House, resenting sworn statements there about their recent activities. One month later, these candid statements became evidence in their trial for murder held at the Devon & Cornwall Winter Assizes, in Exeter. This case, R –v Dudley & Stephens, proved to be one of the most contentious legal decisions in English legal history. For the courts ruled that the killing and eating of a cabin boy by these sailors, was a crime under English Law. This was so, even though the sailors would have died had they not done so, as they drifted helplessly aboard a lifeboat in the South Atlantic, 1600 miles off the Cape of Good Hope. Continue reading