Our Expertise

Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.

Imogen Gray – My First Month of Chancery and Commercial Pupillage at Parklane Plowden Chambers

<!-- wp:paragraph --> <p>I am a pupil in the Chancery and Commercial Team. During my 1st six I will be under the supervision of <a href="https://www.parklaneplowden.co.uk/our-barristers/sarah-harrison/">Sarah Harrison</a>.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Before starting pupillage, I spent some time familiarising myself with the work undertaken by the Chancery and Commercial Team. I found it helpful to refresh my understanding of some of the core topics within this practice area, for example, equity and trusts. I also read reported cases in which members of chambers had been instructed. This was both informative and made me feel very excited to begin pupillage in October. &nbsp;&nbsp;&nbsp;</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>During the last month, I have had the opportunity to shadow my supervisor and other members of the Chancery and Commercial Team in various matters. &nbsp;</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>I have attended a number of hearings in the County Court and Business and Property Courts. For example, I attended an application under Section 50 of the Administration of Justice Act 1985 for the removal and substitution of executors appointed under a will, and an application to vary an interim payment order.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>I also shadowed<a href="https://www.parklaneplowden.co.uk/our-barristers/nicola-phillipson-tep/"> Nicola Phillipson</a> at a trial in the High Court at Leeds. The case was highly unusual in that it related to a contested burial.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>If a person dies testate then the responsibility for their burial vests with their appointed executors. Although it is well established that there is no property in a body (<em>Williams v Williams (1882) 20 Ch D</em>), it is possible for an applicant to apply to the court for an order that they be appointed as administrator under the deceased’s will (such grant being limited to dealing with the disposal of the body of the deceased).</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>I enjoyed observing the different techniques used by counsel during cross examination and closing speeches, particularly given the unique nature of the application.&nbsp;Overall, the experience reinforced my view that a career at the Chancery Bar offers the opportunity for interesting and varied work.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Over the past month, I have also attended two mediations. Prior to the mediations, I was given a copy of the mediation bundle and asked to prepare a draft position statement. It is likely that mediations will form part of any chancery and commercial practice. Therefore, it is excellent experience for me to observe how different members of chambers approach the mediation process. &nbsp;</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>I studied the ADR and mediation module whilst on the BPTC and also had some experience of mediations from my previous role as a property litigation paralegal. Over the last month, I have noted the role that counsel plays in mediations, such as advising the client on the law and potential settlement offers. I have quickly developed my understanding of the different practical considerations that counsel should be alive to in probate mediations – for example, any potential tax consequences arising from settlement.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>I have also shadowed members of chambers in conference on a variety of matters including claims under the Inheritance (Provision for Family and Dependents) Act 1975 and trustee disputes. I have enjoyed researching points of law arising from different instructions and later discussing these with counsel. In addition, the varied nature of the disputes means that I have had a comprehensive introduction to chancery and commercial practice at chambers.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Finally, I have received a very a warm welcome from the members of chambers and the clerking team. This introduction has made my first month in pupillage all the more enjoyable and I look forward to the coming months.</p> <!-- /wp:paragraph -->

Richard Harrington &#8211; My First Month of Family Law Pupillage at Parklane Plowden Chambers

<!-- wp:paragraph --> <p>The start of November marks the end of my first month as a pupil barrister. Starting pupillage was a surreal moment, it was what my years of studying and working had led to. The emotions on my first day included gratitude, excitement and of course, a lot of nerves! Thankfully, those nerves shortly passed as everyone in Chambers was welcoming and I had already met several members at events over the summer. This welcoming nature has continued, and I have felt fully supported within Chambers.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>For my first six months, I am under the supervision of <a href="https://www.parklaneplowden.co.uk/our-barristers/farzana-tai/">Farzana Tai</a>, who specialises in children and financial remedy proceedings. Although Farzana is my supervisor, I have had the benefit of shadowing other members of the family team.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>As a family pupil, I am fortunate to be in court daily. The clerks have been fantastic in ensuring I observe interesting cases and have the relevant papers well in advance of hearings. In this month, I have experienced a range of hearings relating to proceedings concerning public law children, private law children and financial remedy.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Throughout my first month, I have read bundles and briefs, anonymised judgments, conducted research for Farzana and other members, kept detailed attendance notes, drafted orders, and even assisted with cross-examination preparation.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>During my first week, I observed <a href="https://www.parklaneplowden.co.uk/our-barristers/nathaniel-garner/">Nathaniel Garner</a> appear on behalf of a local authority in the High Court on an application for a Wardship Order. In this case, the children were deemed habitually resident in England and Wales, however, were taken to a country in Africa for what was believed to be a holiday but have not returned. Due to the country not being a signatory to the Hague Convention, a Wardship Order was needed to assist with their return. I also attended the Pupil Practice Management Course in York where I met other pupils from circuit, heard from speakers on how to manage being a self-employed barrister and obtained guidance from renowned advocates.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>In my second week, I was instructed to attend Kirklees Magistrates Court for a noting brief. I was instructed to keep a detailed note of a sentencing hearing for a client who had suffered significant personal injury from a road traffic incident. My note was to assist with any civil claim they may bring in the future. I also shadowed Farzana act for a parent in private law children proceedings where parental alienation had been alleged and a contact order be disregarded. This case was particularly interesting as it evidenced how a change of residency can follow where there is evidence of parental alienating behaviours.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Towards the end of the month, I shadowed <a href="https://www.parklaneplowden.co.uk/our-barristers/iain-hutchinson/">Iain Hutchinson</a> and Will Tyler KC represent a local authority at a fact-finding hearing in the High Court. This case involved a child who had become infected with gonorrhoea, and it was alleged to have been transmitted sexually by the parent or/and the step-parent. Given this was a complex and serious case, all parties were represented by Kings Counsel, and I was fortunate to witness a range of different approaches to cross-examination and oral submissions. I also attended a conference ahead of an FDR with <a href="https://www.parklaneplowden.co.uk/our-barristers/julia-nelson/">Julia Nelson</a> who advised a client on how non-matrimonial assets are considered by the court and a conference with Farzana concerning a tribunal appeal for child maintenance.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>My first month at Chambers has provided me with exposure to various areas of family law and the opportunity to learn from the very best on the North Eastern Circuit. The learning process has been insightful, and I am incredibly grateful to be in a set where its members are approachable and encouraging of questions. I look forward to completing the rest of my pupillage at Parklane Plowden Chambers.</p> <!-- /wp:paragraph -->

Lucy Evanson &#8211; My First Month Of Civil Law Pupillage at Parklane Plowden Chambers

<!-- wp:paragraph --> <p>As October comes to a close, so does my first month of pupillage. After a long wait since receiving the offer, I was very excited to start. I was fortunate enough to visit Parklane Plowden Chambers several times in the months leading up to pupillage which eased my nerves significantly and allowed me to witness my first inquest which was an excellent learning experience.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>For the first half of my 1st six, I am under the supervision of <a href="https://www.parklaneplowden.co.uk/our-barristers/elizabeth-hodgson/">Elizabeth Hodgson</a>, who specialises in personal injury and clinical negligence. I will also spend time with other members of chambers throughout my 1st six.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>I started each day knowing about the case I was to observe, having read and discussed the briefs in advance. Throughout the month, I saw:</p> <!-- /wp:paragraph --><!-- wp:list --> <ul><!-- wp:list-item --> <li>Road traffic accident claims</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Stage 3 quantum hearings</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Strike-out applications</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Infant settlement hearings</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Credit hire cases</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Costs and Case Management Conference</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Several clinical negligence Joint Settlement Meetings</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>An application to withdraw an admission of liability</li> <!-- /wp:list-item --></ul> <!-- /wp:list --><!-- wp:paragraph --> <p>I was also fortunate to shadow additional areas, such as observing a court of protection case with <a href="https://www.parklaneplowden.co.uk/our-barristers/tom-barclay-semple/">Tom Barclay-Semple</a> and branching into employment law with <a href="https://www.parklaneplowden.co.uk/our-barristers/robert-dunn/">Robert Dunn</a> and <a href="https://www.parklaneplowden.co.uk/our-barristers/claire-millns/">Claire Millns</a> in several case management preliminary hearings.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The variety of cases keeps me on my toes as there is always so much to learn. I have enjoyed undertaking practical work too, such as completing practise advice, counter-schedules, and attendance notes, to accelerate my development and understanding.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>A notable case that I shadowed was a multi-track personal injury case involving a man who had sustained serious injuries when he fell from his motorcycle due to a defect in the highway. The primary statute engaged in this case was the Highways Act 1980 (s41 and s58 in particular), whereby highway authorities owe a duty to maintain the highway.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Quantum was agreed on the morning of the hearing, leaving only liability issues: whether the claimant’s accident was in fact caused by the defect in the highway, whether the presence of the defect rendered the highway dangerous and, if so, whether the defendant established the defence under Section 58 of the 1980 Act. At court, I observed how <a href="https://www.parklaneplowden.co.uk/our-barristers/elizabeth-hodgson/">Elizabeth Hodgson</a> interacted with her client and the witnesses in a pre-trial conference, as well as opposing counsel both before and during the hearing, and the Judge throughout.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Additionally, I shadowed <a href="https://www.parklaneplowden.co.uk/our-barristers/amy-rumble/">Amy Rumble</a> on a complex credit hire case focusing on impecuniosity and period of hire. I enjoyed observing a different advocacy style by Amy, which was always the most interesting part of mooting pre-pupillage. In preparation for this case, I researched relevant rules of civil procedure, the most important being Rule 27 in it being a small claims hearing.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>There were several issues in this case, one being that both claimant and defendant had failed to comply with court orders. I observed both parties attempt to deal with the consequences of these breaches before the Deputy District Judge. At the end of each day, I updated my work diary which keeps track of my learning and experience, both for my own record and to submit to the BSB when I apply for my full practising certificate.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>An unusual day of pupillage was during my first week when I attended a Pupil Practice Management Course organised by the North Eastern Circuit in York. Pupils from different chambers on the North Eastern Circuit were also in attendance.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>I heard useful talks on the practicalities of being a barrister by professionals such as Jayne Drake, Jenny Hatfield, Charlotte Worsley KC, HHJ Christopher Batty, DJ Alex Foster, and Charlotte Baines, as well as a very special talk by Robert Smith KC on how to (and how not to) cross-examine. It was a wonderful day meeting other pupils, including my co-pupils from Leeds, and I gained valuable tips from those more experienced at the Bar.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Reflecting on my first month, I cannot believe how much I have already learnt and the volume of cases I have seen. I feel very lucky to have obtained pupillage in such a kind and supportive set, who answer my questions, push me to think deeper than I ever thought I could, and have my development at the forefront of everything I do. I look forward to the rest of my pupillage with Parklane Plowden and growing my knowledge and experience as a barrister.</p> <!-- /wp:paragraph -->

24 November 2023 | Parklane Plowden Family Finance seminar in association with the North East Resolution

<!-- wp:paragraph --> <p>Join us on the 24 November for our Family Finance seminar in association with North East Resolution at our new premises, Portland house.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><a href="https://www.parklaneplowden.co.uk/our-barristers/julia-nelson/">Julia Nelson</a>, <a href="https://www.parklaneplowden.co.uk/our-barristers/david-de-jehan/">David de Jehan</a> and <a href="https://www.parklaneplowden.co.uk/our-barristers/patrick-hulley/">Patrick Hulley</a> will be presenting bitesize segments in 20-minute parts.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>We will be joined by guest speaker <a href="https://actuariesforlawyers.com/paul-windle/">Paul Windle</a> from Actuaries for Lawyers. Paul is a specialist Pensions Actuary with over 27 years’ pensions experience. Paul is a recognised expert in the field of the valuation and division of pension rights in divorce settlements.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Drinks and Canapés will be served from 6pm onwards with the opportunity to network. </p> <!-- /wp:paragraph --><!-- wp:paragraph {"fontSize":"medium"} --> <p class="has-medium-font-size"><strong>Programme</strong></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><strong>15:30 - Registration<br>16:00 - Welcome<br>16:15 - Paul Windle - Actuaries for Lawyers: Updated PAG Guide to Pensions on Divorce 2023 – what to look out for<br>17:00 - David de Jehan - LSPO's &amp; MPS<br>17:20 - Patrick Hulley - Enforcement in Financial Remedy Proceedings and Practical Alternatives<br>17:40 - Julia Nelson - S.25 (g) conduct , is it worth running?<br>18:00 - Drinks and Canapés</strong></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Please register for the event <a href="http://lexlinks.parklaneplowden.co.uk/doForm.aspx?a=0xF15D4A97E0E04123&amp;d=0x49EB4C9596DBE1A5^0xBDC0B87423493533|0x40F3E49C83A12815^0xAF1BA1DD83354AE1|0xF1B146662D144B75^0x8A1CDD2DB76555E3|0x9CB58EF48012E032^0xF06B663742CC6856|0xA14B30AADF25AF0D^0x4538EA01547C6D9520542FC6B6F63C93|0x43D48F22BB6859DF^0xF06B663742CC6856|0xD52134AC788FF0FE^0xAF1BA1DD83354AE1|">here</a>. </p> <!-- /wp:paragraph -->

Third Party Harassment: An Update

<!-- wp:paragraph --> <p>Some readers may have attended a <a href="https://www.parklaneplowden.co.uk/replay-third-party-harassment-28-september-2023/">Law with Lunch seminar on 28<sup>th</sup> September 2023</a> during which <a href="https://www.parklaneplowden.co.uk/our-barristers/roger-quickfall/">Roger Quickfall </a>and <a href="https://www.parklaneplowden.co.uk/our-barristers/bryony-clayton/">Bryony Clayton</a> discussed third party harassment and the law as it was, the law as it is and the law as it may be.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>It may be recalled that the position prior to 1<sup>st</sup> October 2013 was that there was an obligation on employers to prevent third party harassment. Liability would attach if the Respondent failed to take such steps as would have been reasonably practicable to prevent the third party from harassing the Claimant.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>After 1<sup>st</sup> October 2013, there was no liability on employers for third party harassment, following the repeal of sections 40(2)-(4) Equality Act 2010 (‘EqA 2010’). The duty to take steps to prevent harassment was removed. The Court of Appeal in <em><u>Unite the Union v Nailard</u></em> 2019 ICR 28, CA confirmed that neither section 13 nor section 26 EqA 2010 covered liability for third party harassment, concluding that had parliament intended this it would have been done explicitly.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The Workers Protection (Amendment of Equality Act 2010) Bill is currently passing through parliament. The background to the bill is as follows:</p> <!-- /wp:paragraph --><!-- wp:list --> <ul><!-- wp:list-item --> <li>It was introduced by Liberal Democrat member for Bath, Wera Hobhouse on 15<sup>th</sup> June 2022 and was prompted by the MeToo campaign and the President’s Club scandal;</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>In 2018 the House of Commons Women and Equalities Select Committee conducted an enquiry into sexual harassment in the workplace. This criticised the gaps in, and enforcement of, protections from workplace harassment. The committee recommended new legislation to impose a new employer liability duty for third party harassment and general duties to prevent harassment that could be enforceable by the Equality and Human Rights Commission (‘EHRC’);</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>A consultation was launched by the government in 2019 on sexual harassment in the workplace to consider, amongst other proposals, the introduction of a mandatory preventative duty that requires employers to protect workers from harassment in the workplace and introduction of explicit employer liabilities for third party harassment;</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>In 2020 the Government Equalities Office’s own survey on sexual harassment in the workplace found that nearly a third of all employees surveyed had experienced some form of sexual harassment in their workplace or work-related environment in the previous 12 months;</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>The government response to the consultation was published in July 21. The consultation findings were broadly supportive and the government committed to introduce new measures alongside a new EHRC statutory code of practice on workplace harassment;</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>The proposal was that a claim could be brought after a single incident of harassment as opposed to previous three strikes formulation whereby employers needed to know of two previous incidents of third party harassment before they could be liable. It was proposed that there was an ‘all reasonable steps defence’ proposed.</li> <!-- /wp:list-item --></ul> <!-- /wp:list --><!-- wp:paragraph --> <p>The bill passed through the House of Commons with cross party support during 2022. The draft bill proposed:</p> <!-- /wp:paragraph --><!-- wp:list {"ordered":true,"type":"1"} --> <ol type="1"><!-- wp:list-item --> <li>An amendment to section 40 EqA 2010 which inserted subsection 1A – this proposed a general liability for actions of third parties which constituted harassment where all reasonable steps had not been taken;</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>The insertion of section 40A which imposed a duty on employers to prevent sexual harassment of employees. This would be enforceable in the tribunal and by the EHRC;</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>The insertion of section 124A into the EqA 2010 which allowed for an uplift of up to 25% on damages in the employment tribunal where there has been a failure to prevent harassment or sexual harassment.</li> <!-- /wp:list-item --></ol> <!-- /wp:list --><!-- wp:paragraph --> <p>By the time the bill reached the House of Lords, there had been a government amendment to address issues of free speech. This was intended to clarify for the employer and employment tribunal that employers were not, for example, required to shut down valid conversations or expressions of opinion between customers in a pub. There was a much lengthier clause 1 which provided that the employer was not liable for third party harassment if:</p> <!-- /wp:paragraph --><!-- wp:list {"ordered":true,"type":"a"} --> <ol type="a"><!-- wp:list-item --> <li>The conduct constituting harassment involved a conversation in which the Claimant is not a participant or a speech which is not aimed at the Claimant;</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>The conversation or speech involved expression of an opinion which was on a political, moral, religious or social matter,</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>The opinion expressed was not grossly offensive and</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>The expression of the opinion did not have the purpose of violating the Claimant’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for the Claimant.</li> <!-- /wp:list-item --></ol> <!-- /wp:list --><!-- wp:paragraph --> <p>The first reading in the House of Lords took place on 6<sup>th</sup> February 2023. At the second reading on 24<sup>th</sup> March 2023, there was significant debate, lasting for about an hour and a half. Concerns were expressed that employers would have to stray into the private prejudices of their staff. Clause 1 (i.e. duty to prevent all forms of third party harassment) proved controversial. Those opposed to regulation of the employer/employee relationship generally considered that parties should be free to negotiate terms. Some argued that the old laws against incitement were said to be sufficient.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>An issue was also raised over the ‘<em>all</em> reasonable steps’ defence, it being suggested that this wording might be too onerous on smaller employers. Baroness Scott of Bybrook tried to address the issue of ‘all reasonable steps’ by explaining that the concept has been in the EqA 2010 since its inception in the context of employer’s liability and that it is well understood by employers and employment tribunals and is nothing new. What is reasonable, she said, is a question of fact for the tribunal. Factors include the work environment, the size of the organisation and known risk factors, as well as cost and practicality. She made the point that what constitutes all reasonable steps is not defined in law and we do not intend to do so as this would remove the flexibility to take a proportionate response based on individual circumstances of the workplace. The EHRC Code of Practice would offer some guidance on this to employers.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>There was a third reading in the Lords on 12<sup>th</sup> September 2023, following amendments to the bill. At that time clause 1 has been deleted entirely (such that there would be no duty to prevent harassment related to protected characteristics other than sex). ‘All’ had been removed from the ‘all reasonable steps’ defence. The uplift to compensation provisions remained.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>On 20<sup>th</sup> October 2023, the bill returned to the House of Commons for consideration. In a brief discussion lasting only a few minutes, the Commons acknowledged the compromises that had been reached to get to this position and accepted the amendments made by the House of Lords. It therefore appears that the new legislation will <em>not</em> contain any provisions for third party harassment generally but will cover sexual harassment cases only.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The timescales for the implementation of the statute are not clear but, in any event, the provisions will not come into force until 12 months after Royal Assent to allow the EHRC time to develop a Code of Practice.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Practitioners will need to keep abreast of the further progress of the bill. It seems likely that the new legislation will provide fertile ground for employment lawyers once in force.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><strong>Update: The Workers Protection (Amendment of Equality Act 2010) Bill received Royal Assent on the 26 October 2023. </strong></p> <!-- /wp:paragraph -->