Latest News

Recognition in 2018 edition of The Legal 500

We are delighted to receive recommendations in this year’s Legal 500.

 

Congratulations to Derek Marshall, Carol Davies, Anthony Hand and Tahina Akther on their individual recommendations.

 

Here is what the Legal 500 had to say:

 

Commercial, Banking, Insolvency & Chancery Law

Recent work for College Chambers “very knowledgeable” commercial group includes professional negligence claims, partnership disputes and trusts and wills matters. Derek heads up the team.

Tahina Akther – “A confident barrister who fights her client’s corner”

Carol Davies – “Very experienced in handling wills and administration of estates”

Derek Marshall – “Very experienced in commercial disputes”

 

Family and Children Law

Anthony Hand is a key name at College Chambers for family law, where the group handles a broad spectrum of public and private children law and matrimonial finance cases

Anthony Hand – “He is quick to grasp the key issues in a case”

Congratulations to Derek Marshall

Congratulations to our Head of Chambers Derek Marshall on being appointed a part time Chair of the Police Conduct Panel.

Launch of College Chambers Family Finance Team Brochure

We are excited to launch our new Family Finance Team Brochure. We hope this will be useful tool to find out all the details you need to know about our Family Finance Team.

We have hard copies of the brochure available should you want a copy for your office.

Click here for an e-copy of the brochure.

College Chambers welcomes new tenant - Elizabeth Bowden

We are pleased to welcome Elizabeth Bowden (formerly of Bell Yard Chambers) to College Chambers. If you would like any further details on Elizabeth's practice please feel free to call the clerks - 02380 230 338

Annual Child Law Lecture

Following the success of previous years, College Chambers Family Children team announces that it will be holding its annual child law lecture day on 11th October 2018. Please see events / or contact the clerks (023 8023 0338) for further details.

Congratulations to Carol Davies

We would like to congratulate Carol Davies, for successfully completing her Arbitration training. Carol is now trained as a Domestic Arbitrator with the Chartered Institute of Arbitrators, and is now a Fellow of the Institute.

Tahina Akther case reported on Westlaw

Tahina Akther was recently successful in the High Court in an application under s50 Administration of Justice Act 1985, for the removal of all the Executors in a Will to be replaced by an Independent Administrator. Further information on the Court’s findings and guidance in such cases can be found in the case report here.

Tahina Akther

We are recruiting

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College Chambers welcomes new Tenant - Edward Hurley

College Chambers is delighted to announce; Edward Hurley (formerly of No18 Chambers) has accepted an invitation to join Chambers, Edward specialises in all aspects of Civil and we will be joining Chambers Civil teams. If you have any queries about Edwards practice please do not hesitate to contact the clerks via phone (023 8023 0338) or e-mail ( clerks@college-chambers.co.uk )

Edward Hurley

New Member - Amy Oke

College Chambers is delighted to announce; Amy Oke has accepted an invitation to join Chambers following successful completion of her pupillage.

Amy Oke

Recognition in 2017 edition of The Legal 500

College Chambers are delighted to have received recommendations in this years Legal 500 both for our teams and individual members of Chambers.

 

College Chambers’ commercial team has experience in directors’ liability matters, partnership disputes, insolvency cases, and trusts and wills matters. Derek Marshall and Carol Davies are key contacts.

 

Carol Davies - College Chambers ‘Recommended for cases involving wills and administration of estates.’

Derek Marshall - College Chambers ‘His tenacity and advocacy skills never fail to impress.’

 

Family law is a key practice area at College Chambers, where the members have expertise across a range of matters. Douglas Taylor was appointed a District Judge in 2016.

 

Anthony Hand - College Chambers ‘Recommended for a broad range of family law matters.’

Simon Lillington - College Chambers ‘Well known for acting in family finance matters.’

 

Antonietta Grasso is head of the property team at College Chambers and her practice includes landlord and tenant matters, restrictive covenants, boundary disputes and adverse possession matters.

 

Antonietta Grasso - College Chambers ‘An excellent and stalwart advocate.’

 

An excellent year for Chambers and a massive congratulations to all who have been recommended in this years edition. 

College Chambers welcomes new Tenant - Roberta Holland

College Chambers is delighted to announce that Roberta Holland (formerly of 12 College Place) has accepted an invitation to join Chambers . Roberta is a family specialist and will be joining our Family Children team.

Douglas Taylor appointed District Judge

College Chambers would like to congratulate Douglas Taylor on his appointment as a District Judge. Douglas will be sitting on the Midland Circuit. The College Chambers team wishes Douglas all the best in his new role. 

Court of Protection Court Users Meeting at Bournemouth Combined Court on 1st February 2017

This was the third regular meeting chaired by District Judge Avis and organised by Sue Turner and Kelly Evans of Dorset County Council. We had the pleasure of Mr Justice Baker joining us along with Hannah Taylor of Bevan Brittan LLP who is the Regional Court Liaison for Plymouth for the South West Court of Protection Practitioners Association.

The meeting was well attended by lawyers practising in the Court of Protection but also social workers from local authorities and relevant personal representatives and IMCAs from Dorset Advocacy.

Mr Justice Baker gave us extremely useful views as to 5 key areas in the Court of Protection.

As to regionalisation of the Court of Protection and its administration, he confirmed that this has brought about greater number of judges being nominated as Court of Protection Judges and staff allocated to undertake the administrative work at the Court of Protection hub in Bristol. This has led to greater number of judges on the Western Circuit who can now deal with cases under the Mental Capacity Act 2005. However, it is worth noting that the judges and staff are not new recruits to the court system but existing resources being utilised in different roles. The general view of the attendees at the meeting was that regionalisation is working well.

As to the transparency pilot, Baker J stated that the pilot has been extended to autumn 2017 but it is likely to remain. However, there appears to be very few if any journalists or general public attending Court of Protection cases in Bournemouth. There is greater attendance in cases heard in London. There is no central register of hearings informing non-parties what are the issues in listed cases, which may be a reason why journalists do not attend the Court of Protection hearings in Bournemouth. Baker J raised the question as to whether or not it is right for the public to have some knowledge of people’s private lives even if there is anonymisation.

As to case management, the Case Management Pilot for health and welfare cases and property and affair cases came into effect on 1 September 2016 and will continue until August 2017. The aim of the Pilot is to reduce the number of hearings and the length of proceedings, which were continuing for far too long and sometimes to the detriment of the patient. Again, the soundings were that the Pilot is helpful to contain hearings in a more structured and focused way.

Baker J reminded us of the impact of the Supreme Court’s decision in P & Ors v Cheshire West and Chester Council [2014] UKSC 19 upon deprivation of liberty safeguards provided by Schedule A1 of the Mental Capacity Act 2005. As Baker J stated, it resulted in a panic with professionals considering that there were far more people who were being deprived of their liberty without authorisation than previously thought. The Law Commission is in the process of looking at the deprivation of liberty safeguards and the process under Schedule A1 and it is also looking at revising the provisions as to RPRs and IMCAs. However, any changes to the Mental Capacity Act 2005 is not likely to come about in the near future due to other pressing issues facing the Government!

Lastly, Baker J touched upon the issues around serious medical treatment cases and the recent case of Briggs v Briggs [2016] EWCOP 48 in which Charles J held that in an application under section 21A of the Mental Capacity Act 2005 dealing with a challenge in respect of standard authorisation of deprivation of liberty, the Court of Protection could consider the issues of serious medical treatment. This was a terribly tragic case where by Mr Briggs was a victim of a road traffic accident when he was travelling to work on his motorcycle. He suffered serious brain and other multiple injuries resulting in him being in a minimally conscious state. His survival depended on care and treatment that he was receiving in hospital including clinically assisted nutrition and hydration (“CANH”). If that treatment were not given, Mr Briggs he would die. His wife brought a claim at the Court of Protection under section 21A challenging the deprivation of liberty standard authorisation granted to the hospital where he, but in reality she was seeking a determination of the Court as to whether it was in Mr Brigg’s best interests to continue to be given CANH or to be moved to a hospice where he would receive palliative care only as result of which he would die. Charles J granted the wife’s application and said this: “I have concluded that as I am sure that if Mr Briggs had been sitting in my chair and heard all the evidence and argument he would, in exercise of his right of self-determination, not have consented to further CANH treatment that his best interests are best promoted by the court not giving that consent on his behalf”. Mr Briggs died in January 2017 aged 43 years.

Carol Davies

Barrister & Mediator

College Chambers are taking part in the Southampton Legal Walk

The Southampton Legal Walk on the 9th May 2016 is a 10km sponsored walk around Southampton to raise money for local advice services. We know from our own experience how valuable the work of legal advice charities are for disadvantaged people. Advice agencies do a fantastic job in preventing homelessness, resolving debt problems, gaining care for the elderly and disabled and fighting exploitation.

We also know how short they are of the funds to continue that work.

The money we raise will help keep the agencies operating and try to ensure their services are as effective as possible.

Please support our walkers as generously as you are able - https://mydonate.bt.com/fundraisers/collegechambers

Thank you in advance for your generosity, it means a lot!

College Chambers welcomes New Tenant

College Chambers is delighted to announce; Kate Fenwick has accepted an invitation to join Chambers following successful completion of her pupillage.

Prior to joining Chambers, Kate gained extensive experience through her work as a County Court Advocate. This saw her attend a large number of civil hearings, ranging from small claims to interlocutory applications within fast-track proceedings. Kate also has experience in advising clients on various aspects of family law, employment law and personal injury through her role as a legal advisor at an ABS.

Kate enjoys a mixed common law practice and accepts instructions in all areas of Chambers’ work.

College Chambers increased recognition in Legal 500

College Chambers have once again gained recognition in the annual Legal 500 rankings receiving the accolation of a leading regional set, Legal 500 assess law firms throughout the country and this year College Chambers have been named not only as one of the recommended sets but among the ‘crème de la crème' of those on the Western Circuit . Further, six barristers individually acknowledged for their work in Family law & Children, Employment, Personal Injury & Clinical Negligence,


Legal 500 Overview:

College Chambers is among the ‘crème de la crème' of the Western Circuit sets and is a good alternative to London sets as ‘the fees are lower and more realistic'. Family law is a key strength in chambers, particularly care cases, financial remedy and matrimonial matters. The set is also well known for civil and criminal law, and the Chancery team focuses heavily on Court of Protection work, in addition to dealing with contentious trusts, probates and inheritance matters. ‘Nothing is too much trouble' for Wayne Effeny’s clerking team, where ‘briefs are acknowledged immediately' and clerks are ‘always fair and reasonable on fees'. 

 
Commercial, banking and insolvency : "practitioners handle a range of traditional and commercial Chancery cases involving trusts, administration of estates and company law."

Carol Davies (1995) ‘An extremely helpful, strong and robust advocate’

Carol has a thriving wills and probate practice and in particular deals with probate claims and cases involving issues as to the construction or interpretation of wills and the administration of estates. She deals extensively with cases under the Inheritance (Provision for Family & Dependants) Act 1975. Carol regularly appears before the Masters at the Rolls Building in London.

Carol also represents parties at Court of Protection including local authorities and families. Carol has significant experience in dealing with best interests cases and deprivation of liberty cases involving claims arising under Articles 5 and 8 of the European Convention of Human Rights and the Human Rights Act 1998. She can advise on matters involving the Mental Capacity Act 2005, lasting powers of attorney and deputy applications and orders. She deals with cases involving care and residential home costs particularly for local authorities. Carol appears in the local court in respect of such cases as well as the Court of Protection in London.

 
Employment : "the employment group is long established and well regarded locally. Practitioners have expertise in areas such as unfair dismissal, whistle blowing and discrimination"

Matthew Curtis (2006) ‘A very competent barrister, with excellent commercial and communication skills’

Matthew has dealt with a number of complex multi-day cases, successfully representing a Claimant in an 8-day disability discrimination claim and more recently representing the Respondent in a 5-day whistle-blowing claim involving technical areas of aviation law. Matthew has experience appearing on behalf of both employer and employee in the Employment Tribunal in a wide range of employment litigation matters.

 
Family and children law : 'the family team is strong on all aspects of children law and family finance, including care proceedings, private law cases and international disputes.'

Anthony Hand (1989) ‘Skilled in cases involving non-accidental injuries’

Anthony has a vast experience of all aspects of care proceedings acting in numerous High court matters both as a leading junior and alone against QC’s in the court of appeal. He has a particular interest in non-accidental injury cases whether acting for the local authority, parents, guardians or hospital trusts.

Simon Lillington (1980) ‘A qualified arbitrator and mediator who specialises in financial remedy’

Simon has been involved in high value money cases for over 20 years, his academic background and experience of company and commercial work make him the ideal candidate for matters involving business, farms, trusts, forces pensions, foreign interest/ assets and insolvency .

 
Personal injury and clinical negligence : 'the team undertakes work in all types of personal injury matters including road traffic accidents, industrial disease and holiday claims. Clinical negligence is also another area of expertise in chambers.'

Derek Marshall (1980) ‘Noted for his attention to detail and clear mind’

Derek has a substantial personal injury practice including clinical negligence claims and major cases arising out of accidents at work. He also has a particular interest in contract and tort based claims and dealing with large commercial matters. as well as being a very experienced Civil Dispute Mediator. He is a member of the Association of Personal Injury Lawyers and the Professional Negligence Bar Association

 
Property : ‘practitioners have appeared in numerous courts and tribunals. Chambers is also noted for its arbitration experience.’

Antonietta Grasso (2004) ‘A feisty advocate who will fight for every client’

Antonietta's busy practice includes all aspects of housing representing claimants and defendants. The areas range from possession claims, succession, homelessness, disrepair, nuisance and anti-social behaviour and unlawful eviction. Antonietta has seen her cases through to judicial review hearings in the Administrative Court. Antonietta also deals with dilapidations and business lease renewal disputes and service charge disputes in the leasehold valuation tribunal.

Derek Marshall, Anthony Hand, Carol Davies, Antonietta Grasso, Matthew Curtis

New Member

College Chambers is delighted to announce; Nicola Bowker has accepted an invitation to join Chambers following successful completion of her pupillage.

Reasonable adjustments - Commuting.

I recently had a case involving an employee whose disability was chronic back and hip pain and sciatica. He had suffered for a long time and had bilateral hip replacements at a relatively early age. The extent of his disability was such that he couldn't drive for longer than about 30 minutes, which was a problem as he lived 2 hours' drive from work.

The Claimant claimed that his employer should have allowed him to work from home full-time as a reasonable adjustment. The Respondent admitted that he was disabled and that a duty to make reasonable adjustments generally arose, but as far as commuting was concerned the Respondent said "it's not our problem", contending that it was for the Claimant to arrange his own attendance at the workplace and the duty to make reasonable adjustments was limited to matters arising at work.

This raised the interesting question of how far the scope of the duty to make reasonable adjustments goes: is it limited to matters arising in the workplace, or does it extend to making adjustments to help the employee to physically get to work?

I hope you find the attached newsletter to be useful. If we can be of assistance to you, then please do not hesitate to contact our clerks.

2. Amendment to wording of the duty post-Kenny

The wording of the DDA regarding reasonable adjustments is slightly different to the wording of the EqA, which could result in a difference in approach. The DDA provided (as at the time of Kenny):

"s.6 (1) Where -

(a) any arrangements made by or on behalf of an employer, or

(b) any physical feature of premises occupied by the employer, place the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the employer to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the arrangements or feature having that effect.

(2) Subsection (1)(a) applies only in relation to -

(a) arrangements for determining to whom employment should be offered;

(b) any term, condition or arrangements on which employment, promotion, a transfer, training or any other benefit is offered or afforded."

The relevant provisions in the Equality Act 2010 provide:

"s.20(3) The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage."

Relevant matter is defined at Schedule 8, paragraph 2(3) and the table at Schedule 8 part 2 paragraph 5(1). In short, a "relevant matter" is "Employment by the employer".

So the question under the EqA 2010 is whether the employee is put at a substantial disadvantage in relation to his employment.

This is arguably wider than the position under the 1995 Act.

3. PCP can include term of the contract

This is something that does not seem to have been considered in Kenny. Most contracts (including the Claimant's contract in my case) will include a clause specifying the employee's place of work. A disability causing substantial difficulties in attending that place of work (e.g. due to commuting) would therefore seem to trigger the duty to make reasonable adjustments under the EqA 2010. It would also seem to fall within s.6(2)(b) of the DDA, despite what the EAT said in Kenny.

4. Wider interpretation of PCP since Kenny

Since the decision in Kenny there have been cases which have seemed to indicate that the concept of a PCP is given a relatively wide interpretation. Two examples:

a) Environment Agency v Donnelly [2014] EqLR 13 - the EAT upheld the finding of a tribunal that a claimant who was disabled by reason of her impaired mobility had been subject to a PCP of 'having to walk a distance from her car to the office in the prevailing cold weather and possibly on uneven surfaces', and upheld the finding that a reasonable adjustment would have been to allocate her a parking space near to the office. This case was concerned with arrangements for the Claimant to attend the workplace; it therefore seems that the duty to make adjustments can include the issue of how the Claimant gets to work.

b) Croft Vets & ors v Butcher UKEAT /0430/12 - The EAT upheld a finding of the ET that the PCP was that the Claimant "be able to return to work performing the essential functions of her job". The reasonable adjustment contended for, which the EAT again upheld, was referring the Claimant to private psychiatric sessions and/or counselling as recommended by a private psychiatrist the employer had referred her to. Kenny was cited to the EAT, who stated that referral to a private psychiatrist was "work related" for the purposes of Kenny and the (amended) DDA. The concepts of a PCP and a reasonable adjustment were given quite a wide interpretation in this case.

Conclusions

In light of the above, it seems that the obiter comments of Morison P in Kenny cannot be considered to carry any weight, either because there is no longer a requirement that the PCP be "work related", or because the concept of a PCP is wide enough to include arrangements for attending the workplace in any event (so long as that is framed as "a requirement to attend the workplace" or similar).

P (A Child) [2015] EWFC B5

Anthony's latest reported case can be found on BAILII under case name P (A Child) [2015] EWFC B5 - a non-accidental injury case in which Anthony acted for the Local Authority and the child suffered a fractured arm and a fractured leg. The case is interesting for the number of intervenors, and the complex process of identification of the perpetrator of the injuries where there were so many family members in the pool. The conclusion of the case was that the judge accepted entirely Anthony's submissions and made finding sought accordingly.

Anthony Hand

College Chambers welcomes new clerk

We welcome to Chambers Ben McLachlan to work alongside Sophie Lanzoni as our junior clerk. Ben is a law graduate with a wealth of experience in personnel management and marketing and is an exciting appointment for chambers.

College Chambers increases recognition in Legal 500

College Chambers have once again gained recognition in the annual Legal 500 rankings receiving the accolation of a leading regional set, Legal 500 assess law firms throughout the country and this year College Chambers have been named not only as one of the recommended sets but among the ‘crème de la crème' of those on the Western Circuit . Further, six barristers individually acknowledged for their work in Family law & Children, Employment, Personal Injury & Clinical Negligence,


Legal 500 Overview:

College Chambers is among the ‘crème de la crème' of the Western Circuit sets and is a good alternative to London sets as ‘the fees are lower and more realistic'. Family law is a key strength in chambers, particularly care cases, financial remedy and matrimonial matters. The set is also well known for civil and criminal law, and the Chancery team focuses heavily on Court of Protection work, in addition to dealing with contentious trusts, probates and inheritance matters. ‘Nothing is too much trouble' for Wayne Effeny’s clerking team, where ‘briefs are acknowledged immediately' and clerks are ‘always fair and reasonable on fees'. 

 
Commercial, banking and insolvency : "practitioners handle a range of traditional and commercial Chancery cases involving trusts, administration of estates and company law."

Carol Davies (1995) ‘An extremely helpful, strong and robust advocate’

Carol has a thriving wills and probate practice and in particular deals with probate claims and cases involving issues as to the construction or interpretation of wills and the administration of estates. She deals extensively with cases under the Inheritance (Provision for Family & Dependants) Act 1975. Carol regularly appears before the Masters at the Rolls Building in London.

Carol also represents parties at Court of Protection including local authorities and families. Carol has significant experience in dealing with best interests cases and deprivation of liberty cases involving claims arising under Articles 5 and 8 of the European Convention of Human Rights and the Human Rights Act 1998. She can advise on matters involving the Mental Capacity Act 2005, lasting powers of attorney and deputy applications and orders. She deals with cases involving care and residential home costs particularly for local authorities. Carol appears in the local court in respect of such cases as well as the Court of Protection in London.

 
Employment : "the employment group is long established and well regarded locally. Practitioners have expertise in areas such as unfair dismissal, whistle blowing and discrimination"

Matthew Curtis (2006) ‘A very competent barrister, with excellent commercial and communication skills’

Matthew has dealt with a number of complex multi-day cases, successfully representing a Claimant in an 8-day disability discrimination claim and more recently representing the Respondent in a 5-day whistle-blowing claim involving technical areas of aviation law. Matthew has experience appearing on behalf of both employer and employee in the Employment Tribunal in a wide range of employment litigation matters.

 
Family and children law : 'the family team is strong on all aspects of children law and family finance, including care proceedings, private law cases and international disputes.'

Anthony Hand (1989) ‘Skilled in cases involving non-accidental injuries’

Anthony has a vast experience of all aspects of care proceedings acting in numerous High court matters both as a leading junior and alone against QC’s in the court of appeal. He has a particular interest in non-accidental injury cases whether acting for the local authority, parents, guardians or hospital trusts.

Simon Lillington (1980) ‘A qualified arbitrator and mediator who specialises in financial remedy’

Simon has been involved in high value money cases for over 20 years, his academic background and experience of company and commercial work make him the ideal candidate for matters involving business, farms, trusts, forces pensions, foreign interest/ assets and insolvency .

 
Personal injury and clinical negligence : 'the team undertakes work in all types of personal injury matters including road traffic accidents, industrial disease and holiday claims. Clinical negligence is also another area of expertise in chambers.'

Derek Marshall (1980) ‘Noted for his attention to detail and clear mind’

Derek has a substantial personal injury practice including clinical negligence claims and major cases arising out of accidents at work. He also has a particular interest in contract and tort based claims and dealing with large commercial matters. as well as being a very experienced Civil Dispute Mediator. He is a member of the Association of Personal Injury Lawyers and the Professional Negligence Bar Association

 
Property : ‘practitioners have appeared in numerous courts and tribunals. Chambers is also noted for its arbitration experience.’

Antonietta Grasso (2004) ‘A feisty advocate who will fight for every client’

Antonietta's busy practice includes all aspects of housing representing claimants and defendants. The areas range from possession claims, succession, homelessness, disrepair, nuisance and anti-social behaviour and unlawful eviction. Antonietta has seen her cases through to judicial review hearings in the Administrative Court. Antonietta also deals with dilapidations and business lease renewal disputes and service charge disputes in the leasehold valuation tribunal.

Derek Marshall, Anthony Hand, Carol Davies, Antonietta Grasso, Matthew Curtis

Where there isn’t a will, there will be a better way… for the surviving spouse or civil partner

The Inheritance and Trustees’ Power Bill received Royal Assent on 14 May, to become the Inheritance and Trustees’ Power Act 2014 ('the Act') the changes are due to come into force in October 2014.

The Act makes several amendments to the intestacy rules which the govern the distribution of an estate in the absence of a will. As well as making changes to the issues around the law of inheritance.
 
In general terms, the Act changes the default distribution to make it more favourable to a surviving spouse or civil partner of the deceased in two ways:

The first, is where the deceased is survived by issue (which means direct descendants - children, grandchildren, great-grandchildren etc.). The surviving spouse is currently entitled to a statutory legacy of £250,000 plus the deceased’s personal goods. The spouse also benefits from a life interest in half of the residue of the estate, with the other half being distributed between the issue. Under the Act, the spouse will now inherit half of the estate absolutely, in place of the life interest.

The second, is where the deceased leaves no issue behind but is survived by at least one parent or one full sibling. The spouse currently receives a statutory legacy of £450,000, the deceased’s personal goods and half of the residue outright (with the other half passing to the surviving parent or sibling). Under the Act, the spouse will take the entire residuary estate absolutely.
 
Whilst these changes will assist surviving spouses and civil partners in reality they could throw up issues of reasonable provision for other dependents if the spouse is now to benefit from a share of the estate. It does not lessen the importance of making clearly worded wills, as the inheritance rules can be arbitrary, without full consideration of individual circumstances.

College Chambers welcomes New Tenant - Tahina Akther

College Chambers is delighted to announce that Tahina Akther (2003) (formerly of Cobden House Chambers, Manchester) has accepted an invitation to join Chambers . Tahina is a family & Chancery specialist and will be joining both our Family Finance & Chancery & Commercial Teams. For more information on her practice please see her individual profile below .

Tahina practises in both Family law and Civil law with an emphasis on financial disputes between married couples, cohabitees and other family members.

With over 10 years experience, she is known for her attention to detail and robust courtroom manner. She has represented clients across the country as well as foreign nationals.

Family Finance

Tahina regularly receives instructions in cases involving complex issues such as valuation of private companies, final salary pensions, allegations of "sham" trusts, accessing assets abroad and those held in complex financial structures.

Tahina is especially adept at dealing with complicated Matrimonial, Civil partnership or Co-habitee (Unmarried couples) financial arrangements including those involving:

  • Final Salary Pensions
  • Large Property portfolios
  • Legal Services Costs Orders to fund litigation
  • Wills and Inheritance issues
  • Onshore and offshore trust
  • Partnerships
  • Family businesses
  • Closed and limited companies
  • Blue Chip Companies
  • Spousal and child maintenance
  • Prenuptial agreements

Tahina’s knowledge of business law and chancery practice means she is well versed in matters that cross over both practice areas. Tahina also runs seminars and lectures on all aspects of Matrimonial Finances, in particular she is often asked to lecture on the treatment of pensions in divorce to other legal professionals. She also experienced in representing and advising people in the public eye including professional sportspeople.

Chancery & Commercial

She undertakes a wide range of contentious and non-contentious work including:

  • Co-ownership of property disputes, including applications under the Trusts of Land and Appointment of Trustees Act 1996 based on constructive and/or resulting trust and proprietary estoppel
  • Probate, Wills and Trusts including the construction of Wills. Probate, Inheritance tax matters and claims under the Inheritance (Provision for Family and Dependants) Act 1975.
  • Landlord and Tenant/Housing-, including business tenancies and possession claims involving ASBIs
  • Professional negligence with particular emphasis on claims arising from financial remedy (ancillary relief)
  • Commercial disputes.
  • Bankruptcy: experience in setting aside statutory demands, defending petitions and annulling bankruptcy.

Mediation:

Tahina is a trained mediator in all areas of law.

Reported cases:

S (A Child) [2013] EWCA Civ 1835

Qualification & University

LLB (Hons) (Lond)
Postgraduate Diploma in Law
LLM

Professional Certificates in:

Business Law and Practice, Administration of Trusts- The University of Cambridge

Qualified Mediator, from 2006 (accredited by the Civil Mediation Council)

Recipient of the Mary Freeman award from the Association of Women Graduates (2008) for her Master’s dissertation

'The Treatment of Pensions in Ancillary relief'.

What they say:

"I cannot thank you for all your help both prior to and on the day. You explained everything with such clarity. We could not have coped had you not been there as our support and counsel"

"Her technical ability, knowledge of the law and impeccable drafting skills have achieved some fantastic outcomes for my clients over the years."

"Her advocacy skills in preliminary and final hearings has been exceptional. She has always been understanding of the clients needs yet direct and succinct with her advice."

"Miss Akther is always helpful and available for any advice I have used her on and is a tenacious and fearless advocate. Her work is always well researched and I can rely on her give detailed advice on the law where this is needed"

College Chambers welcomes New Tenant

College Chambers is delighted to announce that Neil Maton (2001) (formerly of Pallant Chambers, Chichester) has accepted an invitation to join Chambers . Neil is a family specialist and will be joining both our Family Finance & Family Children Teams.

Neil’s practice encompasses all aspects of family law, with a particular specialism in financial remedies upon divorce and separation. He acts for a wide range of clients, from those involving modest assets to significant wealth. His work in family finance also extends to applications under TLATA, and advising and acting for third party Interveners.

Neil has a very approachable and friendly manner with clients. He has built up a strong reputation as an effective and robust advocate having received specific recommendations in the Legal 500 since 2007. He has been recommended as providing ‘an excellent standard of service’ and ‘extremely reliable.’ His practice extends throughout Hampshire, Sussex, Surrey and London.

Neil is qualified as a mediator

Qualification & University

  • LLB (Hons) (1st Class Honours)
  • BCL (Oxon)
  • Called: 2001
  • Qualified Mediator

Membership & Professional Associations

  • Member of the South Eastern Circuit
  • Member of the Western Circuit
  • Member of the Family Law Bar Association
  • Assisted Zuckerman in the leading academic text 'Civil Procedure' and assisted in the editing the 2007 and 2009 editions of the 'Oxford Dictionary of Law'

Derek Marshall has been quoted in the Huffington Post

Chambers are please to say that Derek Marshall has been quoted in the Huffington Post talking about ‘Family Arbitration - The White Knight of a Tricky Divorce?’ For the full article please click here.

Derek Marshall

Denton: The only post-Mitchell authority you need

For further details please contact Mathew Curtis (2006) - mcurtis@college-chambers.co.uk

Introduction

Denton & ors v TH White Ltd & ors [2014] EWCA Civ 906 is the most important decision since Mitchell v News Group Newspapers, The Court of Appeal has delivered an amended test for relief from sanction applications which will remove the requirement to trawl through the 94 previous post-Mitchell decisions; becoming the only post-Mitchell authority you will need.

The New Test

The court stated that the guidance in Mitchell "remains substantially sound" but it has given a new 3-stage approach for relief from sanction applications: (paragraph 24)

  1. How serious and significant is the failure to comply? (replacing the "trivial" test)
  2. Why did the default occur? (is it a "good" or "bad" reason?)
  3. Evaluate all the circumstances of the case, including the factors listed in r.3.9

1. Serious or significant breach? (paragraphs 25-28)

The previous Mitchell test of whether a breach is "trivial" has been replaced with the question of whether the breach is "serious or significant", as judges failed to cope with the "trivial" concept.

If the breach is not serious or significant then relief will usually be granted and it will not usually be necessary to spend long on stages 2 and 3, although they must still be undertaken. (para 28) How is this to be judged? A clue is in paragraph 26: the question of whether the breach is "material" will often have the same result as the question of whether it is serious or significant, an immaterial breach being one which "neither imperils future hearing dates nor otherwise disrupts the conduct of the litigation" (being litigation generally rather than the individual case) (para 26).

This stage of the test should not include consideration of whether there have been other breaches of court orders. (para 27)

2. Why did the default occur?

The examples of "good" and "bad" reasons given in Mitchellat paragraph 41 were endorsed without further explanation or elaboration (para 30).

The test remains that if there is a good reason then relief is likely to be granted, even if the breach is serious or significant.

3. All the circumstances of the case

Contrary to some previous interpretations of Mitchellthe third stage of considering "all the circumstances" must be undertaken in every case, even if there is a serious breach with no good reason (para 31)

The Court of Appeal have made a couple of key changes from the guidance in Mitchell:

  1. The factors specifically listed in r3.9 are downgraded from their "paramount" status in Mitchell and instead have "particular importance", to be "given particular weight at the third stage". It is not entirely clear how much difference this semantic distinction makes, nor to what extent the specific factors can now "trump" the other considerations.
  2. When considering r3.9(1)(a) (the need for litigation to be conducted efficiently and at proportionate cost), the court will consider any other cases being dealt with by the party (para 34). As such, if witnesses have other court commitments that may be affected by relief being granted this could be a factor weighing against relief
  3. Many interpreted paragraph 40 of Mitchellas requiring a prompt application for relief, otherwise the application would be doomed to failure. In Denton the Court of Appeal made it clear that promptness is only one of the factors to be considered, so a tardy application may still succeed: "The promptness of the application will be a relevant circumstance to be weighed in the balance along with all the circumstances. Likewise, other past or current breaches of the rules, practice directions and court orders by the parties may also be taken into account as a relevant circumstance" (para 36).

Agreement/Avoiding contested applications

A very important shot across the bows from the Court of Appeal: contested relief applications should be a thing of the past and unreasonably contesting an application may result in a severe costs sanction. The court expressed frustration with parties looking to capitalise on opponent’s mistakes, stating: “The court will be more ready in the future to penalise opportunism... It is as unacceptable for a party to try to take advantage of a minor inadvertent error, as it is for rules, orders and practice directions to be breached in the first place. Heavy costs sanctions should, therefore, be imposed on parties who behave unreasonably in refusing to agree extensions of time or unreasonably oppose applications for relief from sanctions. An order to pay the costs of the application under rule 3.9 may not always be sufficient” (para 43) The judgment indicated that the court will consider recording in the order that the conduct should be taken into account under CPR r.44.11 when costs are dealt with at the end of the case, which could result in:

  • Depriving a winning party of its full costs
  • Changing the assessment to the indemnity basis
  • Freeing a party from its costs budget (if there is one)

Conclusion

Given the comments of the Court of Appeal, it will be important in future to attempt to agree relief from sanction applications where possible. Equally, requests to extend time under the recently amended r3.8 should not be unreasonably refused.

There may be difficulty in assessing whether the relief application is likely to succeed. In Mitchell the Court of Appeal were aware that the question of whether a breach was "insignificant" could itself lead to dispute and contested applications (para 40). The "serious or significant" test provided in Denton may have the same problems, but it is clear is that an adjournment of a trial date, a failure to pay court fees or the party in breach gaining a litigation advantage are likely to be considered significant or serious:

On a practical point, it will be interesting to see whether the additional consideration under r3.9(1)(a) to include the parties’ "other litigation" extends to the parties’ legal representatives and their ability to conduct other litigation efficiently and at proportionate cost.

The general rules in relief from sanction cases are now considered to be:

  • If the breach is not serious or significant then it is likely that relief will be granted and the court is unlikely to need to spend much time on the second and third stages (paras 24, 28 and 35)
  • If there is a good reason for the breach then it is likely that relief will be granted. (para 35)
  • The more serious or significant the breach the less likely it is that relief will be granted unless there is a good reason for it. (para 35)
  • If the breach is serious/significant and there is no good reason for it then the application for relief will not automatically fail; it may still succeed at stage 3 ("all the circumstances") (para 31)
  • All the circumstances includes the promptness of the application and any current or past breaches of rules, practice directions or court orders (para 36)
  • The factors listed in 3.9 are of "particular importance" but not "paramount importance" (para 32)

The Court of Appeal has said that it hopes the Denton decision will "avoid the need in future to resort to the earlier [post-Mitchell] authorities." Given the importance of this decision, if there is one case that litigators read this year it should be this one.

Daniel Nother Published in the Family Law Magazine

Chambers is proud to announce that Daniel has been published in the June addition of International Family Law [2014] IFL 103. Daniel writes on the placement for adoption of children from the channel islands to England and Wales. For the full article please click here.

Daniel Nother

College Chambers pictured in The Compass Magazine

Following on from Chambers proud sponsorship of the Bournemouth and District Law Society Dinner , Deputy Head of chambers ( Derek Marshall ) & Mark Windebank (First Junior clerk) have been pictured in the Compass magazine. For the article please click here.

College Chamber proud co sponsors of Solent business ball

College Chambers are delighted to announce that that we are the proud joint sponsor’s of the Solent Business Ball being held at the Mayflower suite, Grand Harbour hotel on the 25th July 2014 . For further details please see the flyer and booking form.

College Chambers reported in BDLS July Newsletter

College Chambers were proud to sponsor the 2014 BDLS annual dinner. a full report of the nights events can be found at pages 3-5 of the July Newsletter. For the full article please clicked the attached link. College Chambers are looking forward to continued involvement with the BDLS in the coming year.

Family Care and Children Team Launches New Quarterly Newsletter

The family Care & Children team are delighted announce their new quarterly newsletter . Spring 2014, is the very first edition and covers the - the single Family Court, the amendments to s.32 of the Children Act and implications for residential assessment, the new statutory rules on 26 weeks on care proceedings and the exceptions to the rule, the latest practice direction on bundles and the commencement of the Child Arrangements Programme in private law proceedings.

Click here to view the newsletter

College Chambers are proud sponsors of the Bournemouth and District Junior Lawyers Division Summer Ball 2014

College Chambers are delighted to announce that that we are the proud joint sponsor’s of the Bournemouth and District Junior Lawyers Division Summer Ball being held at The Cumberland Hotel, Bournemouth on the 6th June 2014 . For further details please see the attached poster ,alternatively contact Clare Lawson at Bournemouth & District Junior Lawyers Division Committee on Clare.lawson@ellisjones.co.uk

Anthony Hand in latest landmark decision Re:S (a child)

Anthony Hand represented the Local Authority in the Presidents latest landmark decision Re S (a child). The judgment concerns when extensions to the 26 week rule are permitted, and seemingly represents a more liberal view to extensions beyond 26 weeks than had previously been the case. The judgment also deals with the interpretation of the new statutory wording for residential assessment applications. The judgment can be found at www.judiciary.gov.uk

Anthony Hand

College Chambers attend and sponsor the Bournemouth and District Law Society Annual Dinner

College Chambers were delighted to attend and be proud joint sponsor’s of the Bournemouth and District Law Societies Annual Dinner held at the Carlton Hotel, Bournemouth on the 11th April 2014. A big thank you should go to the organisers for thoroughly enjoyable and successful evening. Photo’s of the event are available here.

College Chambers welcomes New Tenant

College Chambers is delighted to announce that Amy Beddis (2009) has accepted an invitation to join Chambers following the successful completion of her pupillage. Amy will be developing her practice in line with Chambers' specialist areas. In addition to Chambers’ core areas of law, Amy regularly undertakes prosecution and defence work in the Crown and Magistrates courts on a range of criminal trials and preparatory hearings. Amy has been instructed on a number of cases involving fraud, assault, theft and sensitive cases involving domestic violence.

Prior to commencing her career at the Bar, Amy worked in the civil service as a Senior Adviser for the Commission for Rural Communities where she completed her BVC part time over a two year period. More recently Amy worked as a Policy Officer for the National Housing Federation, the trade body for housing associations, working with issues including development, planning, the health sector and welfare reform. Throughout her career Amy has worked with Government departments, local authorities, housing associations, charities and social enterprises alongside business from the private sector. Amy supports Southampton Citizens Advice Bureau on a pro bono basis.

Amy completed the ADR group Civil and Commercial Mediation Course upon completion of the BVC. Amy prides herself on being approachable, practical and client focused.

For more information on her practice please see her individual profile. If you have any queries or questions in relation to Amy practice or the work chambers undertake, please do not hesitate to contact us on 023 8023 0338 or clerks@college-chambers.co.uk

Early Conciliation Explained

On 6 April 2014 ACAS opened the Early Conciliation scheme. The scheme is currently optional however from 6 May 2014 it will be a compulsory prerequisite to commencing a claim for eligible claimants.

LEGISLATION:

The new regime is enacted by the following legislative provisions:

  • Sections 7-9 Enterprise and Regulatory Reform Act 2013 which insert the new sections 18A and 18B into the Employment Tribunals Act 1996
  • Schedule 2 Enterprise and Regulatory Reform Act 2013 which amends the time limits for commencing claims where the Early Conciliation Process applies (see below)
  • The Enterprise and Regulatory Reform Act 2013 (Commencement No. 5, Transitional Provisions and Savings) Order 2014
  • The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 as amended.

APPLICATION

The Scheme applies where the parties intend or are likely to commence ‘relevant proceedings’ as outlined in s.18(1) Employment Tribunals Act 1996. They include claims for:

  • Unfair dismissal
  • Workplace discrimination
  • Redundancy payments or disputes regarding selection procedures
  • Deductions from wages or unpaid notice/holiday pay
  • Rights to time off or flexible working
  • Equal pay

s.3 The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 provides exemptions from the regime where:

  • Another person within the same claim has an ACAS early conciliation certificate number.
  • ACAS doesn't have the power to conciliate on some or all of the claim.
  • The employer has already been in touch with ACAS.
  • The Claimant claims unfair dismissal and intends to apply for interim relief.
  • The claim is against the Security Service, Secret Intelligence Service or GCHQ.
  • The Claim is issued before 6 May 2014 and the Claimant has not contacted ACAS.

THE PROCESS:

The Early Conciliation Rules of Procedure are outlined in Schedule 1 of The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014.

  1. The prospective claimant sends a completed Early Conciliation (“EC”) form to ACAS, or alternatively telephones ACAS on the designated telephone number.
    • The employee is to provide their name, address, contact number and email address together with the employer’s name, address and telephone number.
    • If the employee intends to include more than one respondent to any potential claim, a separate EC Form is to be completed in relation to each prospective respondent.
    • An employer can commence conciliation by contacting ACAS. Unlike where a prospective claimant commences the EC process, the extension to time limits does not commence when the employer initiates contact with ACAS.
    • No information is required on the EC form regarding the nature of the claim.
    • The Form is now available online or a hard copy can be posted
  2. An Early Conciliation Support Officer (ECSO) will contact the prospective Claimant.
    • With the Claimant’s consent the ECSO will try to contact the employer.
    • If contact cannot be made ACAS may conclude that settlement is not possible.
    • It is proposed that this step will take place by close of business on the day following receipt by ACAS of the EC form.
    • The employee may elect not to proceed with conciliation and a certificate will be provided to confirm compliance with the obligation to contact ACAS.
  3. A Conciliation Officer will attempt to promote settlement.
    • A Conciliation Officer will contact the employee or their representative and formally establish whether they wish to settle the dispute.
    • It is proposed that this will take place within 2 days of receipt of the EC form.
    • The Conciliator will make reasonable attempts to contact the employer. If they cannot be contacted or decline conciliation a certificate of compliance will be issued to the Claimant.
    • Where both parties agree to conciliate, the Conciliator will have 1 month from the date of receipt of the EC form to promote settlement.
    • The period for settlement may be extended by up to 2 weeks where the conciliator considers there is a reasonable prospect of achieving settlement and both parties agree.
  4. Dealing with the outcome:
    • If the conciliation officer concludes that settlement is not possible, ACAS will issue an EC certificate.
    • If the EC period, including any extension period, expires without settlement, ACAS will issue an EC certificate.
    • Where parties agree to settle, ACAS will draw up an agreement recording the settlement and will issue and EC certificate.
    • The EC certificate will be issued so that any claims not settled can be brought and if the settlement fails the employee can proceed with the Claim.

TIME LIMITS:

To avoid the Early Conciliation process eating into the limited time periods for commencing an Employment Tribunal claim the new regime suspends time from running once the EC Form has been received. The suspension operates until ACAS issue the certificate number. However, if limitation for commencing a claim would expire within one month after the EC certificate number is issued, the limitation period is extended until one month after the date of issue of the certificate. Take for example an unfair dismissal scenario. If an employee were dismissed on 10 May 2014, limitation would ordinarily expire on 9 August 2014. However, if the employee submitted their EC Form on 7 August 2014, time for commencing a claim would stop running on that date. Assuming both parties agree to proceed with Early Conciliation the latest date on which the EC Certificate would be issued would be 21 September 2014 (having regard to the additional two weeks which the Conciliator may elect to extend the EC process with the agreement of the parties). Limitation would not expire on 23 September but would be extended until 21 October 2014!

DISCUSSION:

It is clear that the free service offered by ACAS has the potential to save time in resolving employment disputes, reduce costs and minimise the potential anxiety posed by commencing tribunal proceedings. It is also anticipated that the process will see a further reduction in the number of claims reaching the tribunal system.

However it is important to note that whilst the process is mandatory, either party may refuse to conciliate at any time. Large employers may therefore continue to ‘sit-tight’ and see if Claimants pay the issue fee for commencing a claim. It is also clear that Conciliators cannot make judgments upon the merits of proceedings and are limited to communicating information provided by the each party, limiting the effectiveness where information is unclear or incomplete.

The implementation of the suspension on time limits is also anticipated to increase satellite litigation, particularly where the process has been commenced by a referral to ACAS from the employer.

Further information about the scheme can be found in the ACAS guide to Early Conciliation.

For further assistance with any Employment Law issue, or to arrange an Employment Law seminar with your firm please contact one of our Employment Law Team.

Daniel Piddington

Daniel has built a strong employment practice, representing both claimants and respondents across the country. Daniel has a wide level of experience ranging from unfair dismissal to complex multi-claimant discrimination and whistleblowing claims. Daniel is known for combining practical and pragmatic advice with an analytical and persuasive approach to both court and tribunal advocacy.

Deprivation of Liberty Safeguards [DOLS], Supreme Court says they have a universal application to all - Douglas Taylor 1980

Those of you, who attended Douglas Taylor’s lecture on the Mental Capacity Act 2005 will recall his concern about the forthcoming decision of the Supreme Court that might compromise the treatment and care of those living in care homes. On the 19th of March, the Supreme Court handed down its judgement in the case of P v Cheshire West and Chester Council [2014] UKSC 19. Lady Hale delivered a beautifully crafted judgement overturning the decision of Munby P in the Court of Appeal and upholding the decision of Baker J sitting in the Court of Protection at first instance. This is the first authoritative interpretation of the Deprivation of Liberty Safeguards (DOLS) provisions, and it is likely to cause many a costly headache for Local Authorities.

The decision is summed up neatly in the words of Lady Hale:-

"Human rights have a universal character and physical liberty is the same for everyone, regardless of their disabilities. What would be a deprivation of liberty for a non-disabled person is also a deprivation for a disabled person. The key feature is whether the person concerned is under continuous supervision and control and is not free to leave. The person’s compliance or lack of objection, the relative normality of the placement and the purpose behind it are all irrelevant to this objective question.

A gilded cage is still a cage.

The purpose of article 5 is to ensure that people are not deprived of their liberty without proper safeguards, safeguards which will secure that the legal justifications for the constraints which they are under are made out: in these cases, the law requires that they do indeed lack the capacity to decide for themselves where they should live and that the arrangements made for them are in their best interests.

It was to "set the cart before the horse" to decide that because they did lack capacity and the best possible arrangements had been made, they were not in need of the safeguards."

Local Government spokesmen have already said that the judgement is likely to lead to a significant change in the way that they make provision for those entrusted to their care and that there will be a significant drain on manpower and financial resources.

The question is, how many local authorities will now react to this judgement and put the necessary provisions in place? If they do not, they may find themselves in very deep water indeed.

Douglas Taylor. 

Douglas sits as both a Deputy District Judge and a Tribunal Judge for the Mental Health Tribunal and regularly gives lectures involving Elderly & Vulnerable clients . If you have any questions or queries surrounding the Supreme Court’s decision or Douglas’s practice, please do not hesitate to contact Douglas direct dtaylor@college-chambers.co.uk , where he will be pleased to answer any of your queries.

CJEU rules that intended mothers under a surrogacy arrangement are not covered by EU Directives on maternity leave

Those who attended Matthew Curtis’ talk to the Employment Lawyers Association on 26 February 2014 will recall that he spoke about the rights (or lack thereof) of intended mothers under surrogacy arrangements (i.e. the person who will care for the child after birth). As anticipated, the CJEU published its judgment in two cases on 18 March 2014: CD v ST (C-167/12) and Z v A Government Department (C-363/12).

In these two cases the opinions of the Advocates General were both published on 26 September 2013 and came to different conclusions. The CJEU decisions of 18th March 2014 give a clear and consistent message: EU Directives on maternity leave do not extend to intended mothers under surrogacy arrangements. Failure to provide maternity or adoption leave to intended mothers does not constitute direct or indirect sex discrimination. 

Opinions of the Advocates General

In CD v ST, AG Kokott concluded that the intended mother takes the place of the mother immediately after birth and must be given appropriate rights to maternity leave. AG Kokott envisaged a system whereby both the birth mother and the intended mother would take the 2 weeks compulsory leave and would thereafter share maternity leave, taking into account the surrogate mother and the child’s best interests.

In Z v A, AG Wahl concluded that the purpose of the relevant Directives was to help women recover from the physical and mental constraints of enduring pregnancy and the aftermath of childbirth. As a result, the Directives cannot be read as applying to intended mothers, even if they are the genetic mother.

Judgment of the CJEU

CD v ST (link to judgment)

In CD the Court ruled that:

  1. The provisions relating to maternity leave only apply to workers who have been pregnant and given birth (para 43 and ruling 1)

  2. Refusal to grant maternity leave to intended mothers under surrogacy arrangements does not constitute direct or indirect discrimination on the grounds of sex, nor less favourable treatment as a result of pregnancy (para 55 and ruling 2)

Reasons

This was based on the court’s judgment that the objective of Directive 92/85 was to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding, as those workers are in an especially vulnerable situation. The court stated that maternity leave is intended to:

  1. Protect a woman’s biological condition after pregnancy

  2. Protect the special relationship between a woman and her child over the period which follows pregnancy and childbirth (para 34).

The court judged that objective 2 above only concerns the period after ‘pregnancy and childbirth’. Therefore, the grant of maternity leave presupposes that the person concerned has been pregnant and given birth (para 37).

As a result, members states are not required to provide maternity leave to a female worker who is an intended mother under a surrogacy arrangement, even in circumstances where she breastfeeds the baby following birth (para 43).

Discrimination

The court found that there was no direct discrimination as the lack of paid leave for intended parents in a surrogacy arrangement applies equally to men and women (para 47)

The court found that there was “nothing in the file” to establish that the refusal of leave put femal workers at a particular disadvantage compared to male workers, therefore there was insufficient evidence to found a claim of indirect discrimination (para 49)

The court found that this was not a case of less favourable treatment on the grounds of pregnancy as the intended mother had not been pregnant (para 52)

Z v A (link to judgment)

The CJEU ruled that:

  1. Refusal to provide maternity or adoption leave to intended mothers in a surrogacy arrangement is not discrimination on the grounds of sex, in light of the judgment in CD (paras 58, 60 and 67 and ruling 1).

  2. Mrs Z’s condition did not amount to a disability, as such she is not protected by relevant disability Directives (paras 82 and 91 and ruling 2)

Comments

The cases leave alive the possibility of an indirect discrimination claim, if sufficient evidence can be brought forward to show that the absence of leave for persons in a surrogacy arrangement puts female workers at a particular disadvantage compared to male workers.

Some prudent employers (particularly in the public sector) have been providing intended parents under surrogacy arrangements similar leave to parents adopting a child, or even to parents giving birth. This practice can now end in light of the CJEU decision.

The landscape is likely to change again in 2015, when the Government intends to introduce parental leave rights for intended parents in surrogacy arrangements (the Children and Families Bill, currently before Parliament)

Relevant facts of the two cases:

CD v ST

UK case. CD is employed by ST at a hospital managed by ST.

C entered into a surrogacy arrangement to have a baby. The sperm was provided by C’s partner; the egg was donated. The child born on 26 August 2011; CD began to breastfeed within 1 hour and continued to breastfeed for 3 months thereafter. CD and her partner were granted full and permanent parental responsibility on 19 December 2011.

CD applied for leave under ST’s adoption policy, which was refused as CD did not have a ‘matching certificate’ issued by an adoption agency (intended mothers in surrogacy arrangements would not have such a document). ST stated that CD was not entitled to paid time off for surrogacy.

CD brought claim in Employment Tribunal for:

  • Discrimination on the grounds of sex and/or pregnancy and maternity

  • Detriment by reason of pregnancy and maternity

  • Infringement of Articles 8 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms

ET referred questions to the CJEU in relation to whether the Directives relating to pregnant workers and workers who are breastfeeding applied to intended parents in surrogacy arrangements, and whether the case was one of discrimination on the grounds of sex and/or pregnancy.

Z v A

Irish case. Mrs Z is employed by a government department. Mrs Z has a condition which has the effect that she has no uterus and cannot support a pregnancy.

In August 2009 IVF took place in Ireland and the fertilised egg was transferred to the surrogate mother in California. The egg and sperm were from Mr and Mrs Z.

The child was born on 28 April 2010 in California. Mr and Mrs Z returned to Ireland on 18 May 2010.

Mrs Z applied for leave equivalent to adoptive leave. That was refused by A.

Mrs Z brought claims before the Equality Tribunal for:

  • Discrimination on the grounds of gender, family status and disability

  • Failure to reasonably accommodate her as a person with a disability

  • Refusal to provide her with paid leave equivalent to adoption or maternity leave.

The Equality Tribunal referred questions to the CJEU in relation to whether refusal to provide leave is sex discrimination and/or disability discrimination.

Coffin Mew’ Charity quiz – a Success!

College Chambers would like to thank Coffin Mew for a thoroughly enjoyable Quiz night on Wednesday evening. Chambers entered two teams and after 10 hard fought rounds it was a draw between the two chambers teams with both finishing mid table We hope that the evening raised lots of money for its chosen charity for the Rowans Hospice – for further details about the charities valuable work please see the link www.rowanshospice.co.uk

College Chambers - Employment Law Breakfast Review

A successful year for the Employment Law team was drawn to c lose with our employment breakfast hosted on the 14th November 2013 Over 30 people attended from both the private and public sectors. Matthew Curtis (2006) and Daniel Piddington (2008), provided an overview of the key components of disability discrimination with an update on current case law providing top tips and catching up on the latest developments in their field.

Matthew Curtis (2006) is recognised as “a rising star who punches well above his weight.” – Legal 500 (2012)

Matthew has dealt with a number of complex multi-day cases, successfully representing a Claimant in an 8-day disability discrimination claim and more recently representing the Respondent in a 5-day whistle-blowing claim involving technical areas of aviation law. Matthew has experience in the Employment Tribunal in a wide range of employment litigation matters.

Daniel Piddington (2008)

Since joining chambers Daniel has built a strong employment practice, representing both claimants and respondents across the country. Daniel has a wide level of experience ranging from age, race and disability discrimination to TUPE claims.

The handout attached summaries and enables those who did not attend Daniel’s overview of the disability discrimination legislation to review Matthew’s helpful update from cases throughout the year.

We had excellent feedback from the conference…

“very helpful and informative”

“well presented, engaging and enjoyable”

“ very good, clear presentation.. excellent course ”

For more information about the presentation, the featured practitioners or our upcoming conferences please contact slanzoni@college-chambers.co.uk

STOP PRESS – College Chambers to launch new mediation suite

College Chambers are about to embark on extensive renovations in order to bring our Grade II listed Georgian building into the 21st Century. Our new conferencing and mediation suite will provide a spacious, comfortable and professional environment to help ease the litigation process. You can guarantee we’ll be inviting you to a drink in order to celebrate!

"Probate and Grieving Survivors" Seminar for Bournemouth & District Law Society:

Carol Davies provided a training seminar to the Bournemouth & District Law Society on 22 January 2014 held at the Carlton Hotel, Bournemouth. The three-hour seminar provided an overview and an update in relation to contentious probate, statutory wills, administration of estate with warring personal representatives and claims under the Inheritance (Provision for Family & Dependants) Act 1975. The seminar was well attended by 30 solicitors who had an informative and entertaining afternoon, earning 3 CPD points. The afternoon was superbly organised by Julie Reeves of BDLS. Derek Marshall came along to provide a helping hand with his latest experiences in this field. If you wish to discuss any training or seminar options, please contact Sophie Lanzoni at College Chambers (slanzoni@college-chambers.co.uk).

Chambers enter Coffin Mew Quiz

College Chambers are again looking forward to testing their knowledge when attending the Coffin Mew Quiz Night, on the 26th February 2014. I am sure there will be a bit of competition as there will be two chambers tables who I am sure will be competing against one another!

College Chambers are proud sponsors of the Bournemouth & District Law Society Dinner 2014

College Chambers are delighted to announce that that we are the proud joint sponsor’s of the Bournemouth and District Law Society Dinner being held at the Royal Bath Hotel, Bournemouth on the 11th April 2014 . For Further details please see attached both the February edition of the Bournemouth and District Law Society Newsletter and Bournemouth and District Law Society annual dinner flyer.

Matthew Curtis to jointly speak at Employment Lawyers Association (ELA) Training Day – Wednesday 26th February 2014

Matthew Curtis (2006) is to jointly speak at the Employment Lawyers Association (ELA) Training Day – Wednesday 26th February 2014 at ST Mary’s Stadium Southampton. Matthews talk will focus on Changes in Family Friendly rights . If you would like further information about Matthews’s talk either contact Clare Merritt of Paris Smith on claire.merritt@parissmith.co.uk, alternatively please do not hesitate to contact us in chambers, either on 023 8023 0338 or clerks@college-chambers.co.uk 

Matthew Curtis

Happy New Year from all at College Chambers

College Chambers would like to wish all our clients a happy and prosperous new year. On a separate note we would like to thank all those who joined us for our Annual Christmas party in Chambers on 12th December and for making a thoroughly enjoyable evening .

College Chambers attend and sponsor the 82nd Chartered of Legal Executive Annual Dinner Dinner

College Chambers were delighted to attend and be proud joint sponsor’s of the Chartered of Legal Executive Annual Dinner held at the Royal Bath Hotel, Bournemouth on the 13th December 2013. A big thank you should go to the organisers for thoroughly enjoyable and successful evening.

Anthony Hand jointly speaks at Dorset Family Justice Board Training Seminar

Anthony Hand (1989) will be jointly speaking at the Dorset Family Justice Board Training Seminar on 25 July 2013 at Talbot Campus of Bournemouth University. The Seminar will focus on f the Pilot Public Law Outline which is being introduced on 1 July 2013 and which very significantly effects the way in which Public Law cases will be dealt with in the future particularly the "26 week limit" and requirements regarding experts. If you would like further information then you should contact Ruth Dodson of Dorset Operational Support Team at Bournemouth County Court as all RSPV's should be received by 16 July 2013.

Anthony Hand

Civil Conference review

On the 1st November 2013, Chambers hosted our civil conference 2013. Over 80 people attended from the private and public sectors. Attendees were exposed to a number of areas of civil law, picking up top tips and catching up on the latest developments in their field.

Derek Marshall (1980) – CPR Overview and Update

Deputy Head of Chambers, Derek Marshall, opened the day with an update on the Civil Procedural Rules, providing his view on the new changes and how they will play out in practical terms. The audience shared their views on the issues pertaining to the new CPR 3.9 (relief from sanctions), discussing how the rule would be applied in practice, emphasising the likelihood that different Judges would utilise their powers in different ways. Mr Marshall also highlighted the new cost regimes and how parties may incur significant costs in preparing the new costs budgets! This was the view held around the room, with concerns that these budgets may add to the costs total rather than reduce it.

Carol Davies (1995) – Probate & Grieving Survivors

Carol Davies who specialises, amongst other areas, in wills and probate hosted a workshop focusing on key areas of contention in this area. Spotting incapacity was first on the agenda, with Ms Davies highlighting that in a recent study nearly 98% of solicitors who participated missed a mental disorder diagnosis when presented with video interview evidence of people with mental health problems. The study recognised that too often solicitors can confuse social graces with mental incapacity. It should be noted that not everyone who has a mental health problem or even a diagnosis of dementia will lack capacity. Ms Davies highlighted that use of statutory wills can be a useful tool when someone lacks capacity. Ms Davies also focused on key provisions from the Inheritance (Provisions for Family and Dependants) Act 1975, including trying not to delay a claim past the 6 month time limit due to the difficulties in extending time and how to advise an elderly widow who has been left in difficulties when her spouse has died.

Derek Marshall (1980) – Arbitration, Mediation and other forms of ADR

Those who wanted to show off their acting talents were well placed in Derek Marshall’s ADR workshop. After hearing top tips for successful mediation, participants were asked to both join in and attempt mediation on behalf of their client and act as the client themselves! This gave attendees an opportunity to see how mediation can be an emotive time for clients and learn new skills for those who had not participated in mediation before.

Sian Gough (2003) – Cohabitation and Co-Ownership : an Update

Sian Gough outlined the developments in law for cohabitees, an area of law which has not quite caught up with the practical realities of modern life. Ms Gough outlined the circumstances in which a trust can be established and the various types of trusts. As well as covering the more common family situations, Ms Gough also discussed business partnerships formed between cohabitees, pointing out the potential areas of dispute and how to resolve matters.

David Pugh (2008) & Stephen Downham of Hughes Ellard – Landlord & Tenant Update

David Pugh was joined by Stephen Downham, Director at Hughes Ellard Ltd in presenting a Landlord and Tenant update. Mr Pugh gave an in depth and informed workshop on developments in residential landlord and tenant claims, kicking off with a discussion around possession proceedings and the recent case of Superstrike Ltd v Rodrigues [2013] EWCA Civ 669. Stephen provided an update on leases, their terms and the effect on value.

Daniel Piddington (2008) & Gavin Savage of Begbies Traynor – Insolvency Update

Daniel Piddington joined forces with Gavin Savage, a licensed insolvency practitioner of Begbies Taylor in presenting an Insolvency update. Mr Piddington focused on piercing the corporate veil having particular regard to the decision in Prest v Petrodel Resources Ltd [2013] UKSC 34. Mr Piddington broke down the detailed judgment of the Supreme Court to emphasise the remaining categories of cases where the Courts may still consider it appropriate to pierce the corporate veil. Mr Savage focused upon partnership insolvencies, looking at the “perfect storm” situation where there is a downturn in turnover, reduction in profits and the impact on available cash for drawings.

We had excellent feedback from the conference…
“very good, a lot of practical examples and generated a lot of discussion”
“very enjoyable and well thought out”

For more information about our conferences in 2014, or any of the presentations above, or to find out more about the featured practitioners please contact slanzoni@college-chambers.co.uk

Chambers misses podium position by two points at Hampshire Resolution Annual Quiz

A big thank you to Hampshire Resolution’ for a thoroughly enjoyable Quiz night, Chambers entered one team that missed out on a podium position by only two points.

Derek Marshall reviews papers on Radio Solent

On Saturday 9th November Derek Marshall appeared on Radio Solent review the papers – to hear him again listening this Saturday.

Derek Marshall

Trethowans’ Charity quiz – a Success!

College Chambers would like to thank Trethowans’ for a thoroughly enjoyable Quiz night . We hope that the evening raised lots of money for its chosen charities of Help for Heroes and the Joe Glover Trust – for further details about the charities valuable work please see the link www.helpforheroes.org.ukand www.thejoeglovertrust.org

Chambers Wins Thomas Eggar quiz

College Chambers would like to thank Thomas Eggar’ for a thoroughly fun evening which was enjoyed by all and Chambers were delighted to support the event for such a dedicated cause helping to raise£586 for this worthwhile charity. Chambers were delighted to come first at the Thomas Eggar LLP quiz night in aid of The Princes Trust hosted by their Trainee Solicitors.. For more information about the Princes Trust click here

Thomas Eggars Million Makers fundraising continues until the end of December, they have another quiz in Brighton and fun runs in London and Crawley on 23rd November. Follow their progress on the Thomas Eggar Trainees facebook page or follow @ThomasEggarLLP on Twitter. And if anyone is feeling even more generous between now and the end of the year, further donations will be gratefully received via the Just Giving page! (http://www.justgiving.com/ThomasEggarLLP-MillionMakers2013).

Anthony Hand appears in Court of Appeal

The recent decision in Re W (a child) EWCA Civ 1177 is another judgment from the President, Sir James Munby, in the Court of Appeal following on from the decision in Re B-S Children (2013) EWCA Civ 1146. Anthony Hand represented the local authority in the Re W case, a decision concerning when should parents be given the right to oppose the making of adoption orders? Re W expands the thinking provided in Re B-S, and invites judges in particular to consider whether a parents' case has "solidity" as part of the overall discretionary exercise in this area.

Anthony Hand

Derek Marshall interviewed on Radio Solent

On Thursday 31st October Derek Marshall appeared on Radio Solent speaking about the controversial decision to let cameras into the Court of appeal. To hear the interview, please click on the attached link.

Derek Marshall

Another Successful charity Quiz : Abel bodied solicitors and friends cruise to victory at College Chambers annual quiz

The eagerly awaited College Chambers annual quiz was again hosted at P.O.S.H. Indian restaurant in Southampton on 19th October. With almost 150 people in attendance competing in 24 teams the stage was set for another evening of great food, great quizzing and great fund raising all of which was superbly marshalled by quiz master extraordinaire, Gary Self.

This years event saw College Chambers raising funds for the Motor Neurone Disease Association and the Rose Road Association.

The Motor Neurone Disease Association funds and promotes research and also provides valuable support to everybody living with MND to ensure they receive the best care, achieve the highest possible quality of life and to die with dignity. For more information please please visit http://www.mndassociation.org

The Rose Road Association have been working with children and young people with complex health needs from across Hampshire and the surrounding counties since 1952. For more information please visit http://www.roseroad.org.uk.

The quiz started with the customary picture rounds although this year there was a twist, whereby contestants had the choice of attempting to identify either TV chefs or, for the more erudite quizzer, Prime Ministers. Without naming names only 3 out of the 24 teams elected to name prime ministers!

So after 100 questions, interspersed between a 3 course curry buffet, and several trips to the bar, Abel’s Solicitors and friends, aka “6 go off to a quiz”, cruised into first place with an impressive score of 88.5; in second place was “How Lowe can you go” (with the answer clearly being second place!) of Lamb Brooks Solicitors with a very respectable score of 81 and in third place with a score of 78.5 was, the wrongly prophetic, “Currently in First Place” lead by Adam Langrish of College Chambers who narrowly squeezed “Team Robin Belbin" also of College Chambers into fourth place by just half a point. Footing the table but leading the plaudits for the work they do with children across Hampshire was the Road Road Association.

With a range of generously donated prizes ranging from bottles of champagne to wireless printers, digital cameras and a Kindle Fire, raffle tickets were quickly snapped up and after counting up the profits the quiz night raised £1802 which will be shared equally between our two charities.

We would like to thank everyone who supported the event whether by helping with the organisation or by donating raffle prizes or most importantly by coming along, taking part and having fun and helping us to raise funds and awareness for the Road Rose Association and Motor Neurone Disease Association. A great effort by everyone, thank you and we hope to see you all next year.

Chambers recognised in Legal 500

Chambers are delighted to announce that we have been recognised in The Legal 500 UK Awards 2013. The award recognises excellence and acknowledges expertise in the national and regional markets. College Chambers have been named not only as one of the recommended sets on the Western Circuit but have had four barristers individually acknowledged for their work in employment and family law. Barristers Matthew Curtis, already recognised by Legal 500 as a rising star in his field, and Gary Self were both recommended in the field of Employment law. Meanwhile Simon Lillington and Anthony Hand were singled out for their expertise as leading practitioners of Family law.

David Lang accepts an invitation to join Chambers

Chambers is delighted to announce that David Lang has accepted an invitation to join Chambers following successful completion of his pupillage. David will be joining the Employment, Property Personal Injury & Family teams, for further details please click on following link to review his profile.

David Lang

Amy Beddis commences her 2nd sixth

Chambers is delighted to announce that Amy Beddis will be commencing the second sixth of her pupillage on the 2nd October and will be available for all types of Civil , Employment and Family work for further details please click on the following link to review his profile.

Amy Beddis

Amy Beddis elected as Chambers liaison for South Hampshire Junior Lawyers Division

Chambers is proud to announce that Amy Beddis has been elected as the Chambers liaison for the South Hampshire Junior Lawyers Division. The JLD is a division of the Law Society and represents all student members of the Law Society enrolled through the SRA, trainees, and solicitors with up to five years' active PQE. The JLD is all about its community and their needs. For further information please e-mail juniorlawyers@lawsociety.org.uk or see their website at http://juniorlawyers.lawsociety.org.uk/

Amy Beddis

College Chambers are proud sponsors of the Junior Lawyers Division South Hampshire

College Chambers are delighted to announce that we are the proud joint sponsor’s of the South Hampshire Junior Lawyers division. The JLD is a division of the Law Society and represents all student members of the Law Society enrolled through the SRA, trainees, and solicitors with up to five years' active PQE. The JLD is all about its community and their needs. For further information please e-mail juniorlawyers@lawsociety.org.uk or see their website at http://juniorlawyers.lawsociety.org.uk/

College Chambers are proud sponsors of the Bournemouth & District Law Society Dinner

College Chambers are delighted to announce that that we are the proud joint sponsor’s of the Bournemouth and District Law Society Dinner being held at the Royal Bath Hotel, Bournemouth on the 22nd March 2013 . For Further details please see attached both the February edition of the Bournemouth and District Law Society Newsletter (Page 3) and Bournemouth and District Law Society annual dinner flyer.

College Chambers Jointly Sponsor The Chartered Institute of Legal Executives Bournemouth and District Branch 82nd Annual Dinner

College Chambers are delighted announce we are supporting The Chartered Institute of Legal Executives Bournemouth and District Branch 82nd Annual Dinner on the 13th December 2013. For more details please see www.badcilex.org.uk.

College Chambers Join Business Solent and appear in the Southern Daily Echo 25th September 2013

College Chambers have appeared in the Southern Daily Echo on Wednesday 25th September 2013. The article reported on Chambers becoming the first barristers chambers to join Business Solent . For a copy of the full article please click here.

College Chambers speaking at Young Resolution (West Sussex) Lecture at the Arundel Town Hall

Daniel Nother (1994) & Sian Gough (2003) together with Nicola Whitley of Swain & Co will be lecturing at the Arundel Town Hall on the cohabitation disputes & the Children and Families Bill 2013, for further details please do not hesitate to contact us in chambers or contact Peter Alison at Stevens Drake on 01293 596 935 or e-mail peter.alison@stevensdrake.com

Simon Lilington published on new online legal encyclopaedia, Westlaw UK Insight

College Chambers are pleased to announce that Simon Lillington (1980) joins the three other of chambers Barristers (Carol Davies (1996 ) Baljinder Bath (1995), & Matthew Curtis (2006)) in being published in the new Westlaw UK Insight online legal encyclopaedia, if you would like to view these articles please view each of the barristers profile and look under Publications.

Simon Lillington

Patrick Goodings appears in the Young Lawyer

Patrick Goodings appeared in the Young Lawyer on Wednesday (21th August) giving hints and tips for networking. For the whole article please click here.

Patrick Goodings

College Chambers appear in the Southern Daily Echo 6th August for work with Charities

College Chambers have appeared in the Southern Daily Echo on Tuesday 6th August 2013. The article reported on the tremendous success of Chambers Charity Ball and the progress of meeting our fundraising target. For a copy of the full article please click here.

College Chambers Launches New Quarterly E-bulletin.

Chambers are pleased to announce that every quarter we will be publishing our new e-bulletin, it will focus on topical changes and developments in the Law together with news from Chambers. If you would like to sign up to our new-e-bulletin or for more information about Chambers, our practice areas and the services that we can provide please do not hesitate to contact us on 023 8023 0338 or e-mail clerks@college-chambers.co.uk

Patrick Goodings appears in the Lawyer 2B

Patrick Goodings appeared in the Lawyer 2B on Wednesday (24th July) commenting on the region. For the whole article please click here

Patrick Goodings

College Chambers Barristers published on new online legal encyclopaedia, Westlaw UK Insight

College Chambers are pleased to announce that three of its Barristers (Carol Davies (1996 ) Baljinder Bath (1995), & Matthew Curtis (2006)) have been published in the new Westlaw UK Insight online legal encyclopaedia, if you would like to view these articles please view each of the barristers profile and look under the Publications.

Carol Davies appears in the Legal Week

Carol Davies appeared in the Legal Week on Friday (5th July) commenting on the possible flood of credit crisis negligence claims .For the whole article please click here.

Another Successful Charity Ball

We are delighted to announce that this year’s Charity Masquerade Ball, which took place on 11 May 2013, was a huge success, despite the current economic climate.

Our glamorous guests embraced the spirit of the night by donning an array of beautiful masks. There were many contenders for the coveted best mask prize including many eye-catching Venetian masks, some of which were hand made, and one particularly artistic guest who spent several hours hand painting her face with to create an unusual bespoke mask. The winner however was Dave Watts, whose comedy elephant mask raised smiles all night long!

Our thanks go to all who attended and supported the event, helping us raise £12,000 for the benefit of The Stroke Association and the Lullaby Trust (formerly known as the Foundation for the Study of Infant Deaths). Photographs of the night can be found on the Venture Photography Southampton Facebook page.

The top auction lot of the night was one day’s sailing for 12 people aboard Northern Child, which raised £1,200, with the total raised for the live and silent auction combined being £6,440. Thanks to the wonderful support of local businesses, the chosen charities and all members of College Chambers close to one hundred prizes were won in the raffle raising an additional £1,880.

The fantastic total raised by the event means that College Chambers have now raised £97,000 for various different charities since 2005 via their charity balls, cricket matches and quiz evenings. It is very much hoped that the £100,000 threshold will be crossed at the College Chambers Charity Quiz Night on Saturday 19 October 2013. Tables for that event are available now, book early to avoid disappointment.

Chambers now appear in the Chambers UK 2014 as Leaders in field

College Chambers is pleased to announce that Gary Self (1991) has been recommended in the Chambers UK 2014 edition as ‘a leader in the field‘ of Employment Law.  Chambers congratulates Gary on his recognition.

College Chambers speaking at Resolution Lecture at the Portsmouth Marriott tonight.

Daniel Nother (1994) together with other eminent speakers will be lecturing at the Portsmouth Marriott Hotel on the new family bill, for further details please do not hesitate to contact us in chambers.

Chambers warns of consequence’s over Legal Aid Proposals in regional paper

On Saturday 8th June, Derek Marshall was published in the Daily Echo warning of the consequences of the government plans to reform legal aid - to read the article please click here

Shentons’ Charity quiz – a Success!

College Chambers would like to thank Shentons’ for a thoroughly enjoyable Quiz night on Wednesday evening. Chambers entered two teams with one inevitability doing better than the other. We hope that the evening raised lots of money for its chosen charity for Hampshire Air Ambulance – for further details about the charities valuable work please see the link www.hiow-airambulance.org.uk

College Chambers becomes first barristers’ chambers to become a Champion of Business Solent

College Chambers is delighted to become the first barristers’ chambers to join Business Solent as a Champion. Senior clerk Wayne Effeny said, ‘We are very proud and excited. College Chambers has worked with many law firms and other businesses over the years, offering the benefit of our extensive experience and knowledge at competitive rates. Membership of Business Solent is an excellent way to strengthen and develop links with local businesses and to help promote the region and its services.’

For further details about chambers and its Services it provides please follow the link www.businesssolent.com

Chambers Teams come in Top 10 at Hampshire Law Societies quiz

College Chambers would like to thank the Hampshire Law Society for a thoroughly enjoyable Quiz night yesterday evening. Chambers entered two teams, both that were placed in the top 10. We hope that the evening raised lots of money for its chosen Charity Law Care – for further details about the charities valuable work please see the link (http://www.lawcare.org.uk/).

Chambers enter Law Society Quiz

College Chambers are looking forward to attending the Hampshire Law Society ‘s Annual Charity Quiz night, on the 25th April 2013. Hopefully everyone can join in and dig deep for the raffle as it is in aid of Law Care (http://www.lawcare.org.uk/).

Chambers enter Shentons Charity Quiz

College Chambers are again looking forward to testing their knowledge when attending the Shentons Charity Quiz Night, on the 15th May 2013 in aid of Hampshire Air Ambulance. I am sure there will be a bit of competition as there will be three chambers tables who I am sure will be competing against one another!

College Chambers appear in the Southern Daily Echo for work with Charities

College Chambers have appeared in the Southern Daily Echo on Tuesday 26th March 2013. The article urged local business’s to lend their support by donating prizes for Chambers Charity Ball to help meet there fundraising target. For a copy of the full article please click here.

College Chambers attend and sponsor the Bournemouth & District Law Society Dinner

College Chambers were delighted to attend and be proud joint sponsor’s of the Bournemouth and District Law Society Dinner held at the Royal Bath Hotel, Bournemouth on the 22nd March 2013. A big thank you should go to the organisers for thoroughly enjoyable and successful evening . Please feel free to view that attached photos of the evening.

College Chambers becomes first barristers’ chambers to become a Champion of Business Solent.

College Chambers is delighted to become the first barristers’ chambers to join Business Solent as a Champion. Senior clerk Wayne Effeny said, ‘We are very proud and excited. College Chambers has worked with many law firms and other businesses over the years, offering the benefit of our extensive experience and knowledge at competitive rates. Membership of Business Solent is an excellent way to strengthen and develop links with local businesses and to help promote the region and its services.’

For further details about chambers and its Services it provides please follow the link www.businesssolent.com

Ian Newport has been reported in the Court of Appeal

The Appellant Mother sought to appeal the decision of HHJ Marston not to allow her to reopen allegations of serious sex abuse by the Respondent Father. The allegations had been listed for a fact-finding hearing in 2009 before HHJ Black and compromised by way of an agreed preamble. The children lived with the Appellant Mother until her state of health was such that their residence was transferred to the Respondent Father in late 2011.

The Appellant argued that her decision in 2009 was due to the "tyrannical" conduct of her then counsel (not Miss Earley). The Appellant also challenged the fact that an indication was sought (by consent) from the trial judge in 2009. HHJ Marston upheld the decision of HHJ Black and did not criticise her conduct of the case in any way. HHJ Marston found that the case had moved on considerably since 2009 and that the children now were very clear in their desire to live with the Respondent Father.

The Court of Appeal dismissed the appeal and found that HHJ Marston's decision was plainly right.

Counsel for the Appellant: Sarah Earley
Counsel for the Respondent: Ian Newport

Another Successful Charity Quiz

Just a quick thank you to all of you who attended our charity quiz on Saturday 20th October. We are very pleased to have raised £1500 for the Southampton Alzheimer's Society. The trophy goes to a new team this year - from Shenton's solicitors "Magik Sam and the Miracle Gang". Gary Self our quizmaster was on his usual good form and took great delight in presenting his room mate with the wooden spoon, clearly she is better at organising the quiz than answering the questions! Our next big event is the Charity Ball in May 2013 where we hope to go over the £100k in fundraising. Full details to be sent in due course.

College Chambers Jointly Sponsor The Chartered Institute of Legal Executives Bournemouth and District Branch 81st Annual Dinner

College Chambers are delighted announce they are supporting The Chartered Institute of Legal Executives Bournemouth and District Branch 81st Annual Dinner on the 7th December 2012 for more details see www.badcilex.org.uk.

College Chambers welcomes back Antonietta from Maternity Leave

We are delighted to welcome back Antonietta Grasso (2004) from maternity Leave. Please Click Here for Antonietta profile.

College Chambers welcomes back Gemma from Maternity Leave

We are delighted to welcome back Gemma Bower (2006) from maternity Leave.
Please Click Here for Gemma's profile.

The College Chambers Annual 20/20 Charity Cricket Match in aid of Diabetes UK has been a success.

Isle of Wight XI - 120, College Chambers XI - 108 (all out)
The annual match, now in its fifth year, welcomed the only sunny day so far this summer. With the weather offering sunshine and blue skies, the Isle of Wight Solicitors took to the crease first and scored a very competitive 120 runs. College Chambers XI made a valiant attempt to chase the score down , but unfortunately this year the Isle of Wight bowlers dealt several blows to those batting. College Chambers finished their innings on a respectable 108 runs. The silverware will spend the next 12 months on the island before being contested for again next June.

College Chambers 1st Annual Cycle Ride proves a Success

Thank you for those who participated in College Chambers first charity cycle ride (In Association with Stroud School) . With over 80 riders turning out on the morning, College Chambers are very pleased to announce that we have raised over £1200 for the Stroud Schools Charities. For those who participated and have a competitive streak I have attached a spreadsheet with the timings of all riders.

Qualified Arbitrators for Family Financial Arbitrtaion

College Chambers are very proud to announce that Derek Marshall (1980) & Simon Lillington (1980) have both qualified as arbitrators and now are able to offer family financial arbitration.

Derek Marshall, Simon Lillington

RE C [2012], Court of Appeal 22 February 2012

Where a local authority, supported by the children's guardian, had decided to review its decision to place children into care following positive developments in their mother's performance as a mother, the Court of Appeal was prepared to use its powers to bless the decision and as far as possible prevent the remission of the case to a judge.

College Chambers recruits a new tenant

College Chambers are pleased to announce that Daniel Piddington has accepted an invitation to join Chambers following the successful completion of his pupillage. Daniel accepts instructions in Family Law (Public and Private), Employment, Personal Injury, Common Law and Crime, his full profile will be available soon.

Daniel Piddington

Chambers Awarded BAR MARK

College Chambers is delighted to announce that we have been accredited to BARMARK. BARMARK is the Bar Council's "kite mark" scheme and is managed by the British Standards Institute. Accreditation is based upon the Practice Management for the Bar Guidelines and Standard and the associated Quality Assurance Checklist.

Accreditation to BAR MARK is an assurance to solicitors and clients that chambers is run effectively and well. Accreditation is only awarded to chambers with the highest standards of practice and administration. We are one of only a few sets of chambers who hold this prestigious award.

Wayne Effeny, senior clerk, said "We strive to deliver an exceptional level of service living up to our motto "reputation through commitment". Being awarded BARMARK following an independent assessment confirms that we are achieving the highest possible standards. Every aspect of our structure has come under intense scrutiny as part of this assessment and we are particularly proud of this achievement".

Chambers now appear in the Legal 500

College Chambers is pleased to announce that three members of Chambers have been appear in the Legal 500. Gary Self is rated as a "top employment practitioner at the Southampton Bar ". Anthony Hand is mentioned for his 'busy child care practice' and Simon Lillington for his 'strong ancillary relief practice'. Chambers congratulates all three on their achievement.

Headway Charity Mixed Netball Tournament 2011

On the glorious evening of 13 July 2011, College Chambers took part in its first mixed netball tournament. The competition took place at Brookfield School in Locks Heath and was organised by the Coffin Mew Personal Injury and Clinical Negligence Team. Nine teams competed in what was a highly competitive but also very enjoyable evening. Surprisingly, College Chambers came fourth behind the eventual winners James Cowper LLP. RSM Tenon and Taylor Cocks came second and third respectively.
 
The fitness-challenged College Chambers team consisted of the Self family (Gary, Laura and Max), David Harby, Grant Carroll and wife Sarah-Jayne, Antonietta Grasso, and pupils Laura Baines and Daniel Piddington. Despite being left with aches and pains, much enjoyment was had by all. We are in no doubt that the College Chambers team now wants a taste of its own victory!
 
If there is any interest in a similar tournament being organised or a good cause being nominated, then do let us know and we will be happy to participate and/or organise a tournament.

College Chambers Annual Charity Twenty20 Cricket Match

As this newsletter goes to press, we are very excited about our annual Charity Twenty20 Cricket Match, to be held on 30 June 2011, between Chambers and solicitors from the Isle of Wight. We are looking forward to a barbecue, drinks, raffle, a cake sale and of course some highly unorthodox cricketing manoeuvres. Watch this space in the next newsletter for a ball-by-ball account and to find out who was Player of the Match.
 
The beneficiary is the Red & White Appeal, a £2.2 million campaign by Southampton NHS Trust to raise enough for a specialist day unit for patients with leukaemia and other forms of blood cancer. If you were not able to attend, don't panic - you can still support the Appeal by visiting our fundraising page at http://uk.virginmoneygiving.com/team/ collegechambers.
 
We will also be hosting a charity quiz night on 15 October 2011 in aid of the Neonatal Unit at Princess Anne Hospital. The quiz will take place at P.O.S.H., Queensway, Southampton. We hope that you will join us for an evening of good food, games, dancing and serious intellectual challenge!
 
We remain committed to raising money for charity and hope that you will be able to join us for our forthcoming events.
 
For more information in relation to any of our events please contact Sophie Lanzoni on (023) 8023 0338 or by email at slanzoni@college-chambers.co.uk.
 
College Chambers Ball Committee & Marketing

College Chambers Twilight 9 Golf Event

The 9th of June 2011 saw the second annual ‘College Chambers Twilight 9' golf event. The weather was not the best during the day, but fortunately it brightened up for the ‘shotgun' start at 6pm. There was a steady arrival of players from 5.30 onwards, where Wayne (senior Clerk) allocated the teams to ensure a fair mix of handicaps in each team.
 
The event consisted of teams of individuals playing stableford rules, whereby every team started at the same time on a different hole, with the points to be added up at the end.
 
The event was attended by members of the local Judiciary, together with individuals from many local law firms. Following the golf there was a meal and drinks, and of course the prize giving ceremony, where the top 3 teams received a bottle of wine per person, with additional prizes for the longest drive and closest to the pin.
 
The event was hailed a success, and we would like to take this opportunity to thank all those people who attended to make it such a fantastic evening. Planning is already underway for next year, where we hope to see many of the same faces again, and of course hope that many more will be able to attend.

College Chambers Charity Ball 2011

We are pleased to announce that our charity ball held on 14 May in aid of the Ellen MacArthur Cancer Trust (charity no. 1096491) and the Prostate Cancer Charity (charity no. 1005541) was a huge success. We would like to thank all those who supported this event by attending or donating prizes helping us to raise over £16,000 for these very worthwhile causes. A good night was had by all.
 
If you were unable to attend it is not too late to show your support by visiting our fundraising page at:
uk.virginmoneygiving.com/CollegeChambersCharities
 
We remain committed to raising money for charity and hope that you will be able to join us for our Charity Cricket Match on 30th June 2011 at Trojans Rugby Club or our Charity Quiz Night on 15 October 2011 at P.O.S.H Southampton.

College Chambers has recruited a new tenant

College Chambers are pleased to announce that David Pugh has joined Chambers after successfully completing pupillage. Before becoming a barrister, David worked in child protection. David's main areas of practice are Family Law (public and private), Crime and Personal Injury.

Charity Blue Ball

...in aid of The Prostate Cancer Charity and the Ellen MacArthur Cancer Trust
Saturday, 14 May 2011
 
This year's Charity Ball will be held at the Friends Provident St Mary's Stadium (home of Southampton Football Club).
 
The proceeds from this event will be divided between the Ellen MacArthur Cancer Trust and The Prostate Cancer Charity.
 
The Prostate Cancer Charity was founded in 1996 in response to the urgent need to invest more in prostate cancer research and to raise public and political awareness of a long-neglected disease. It was established with the broad remit of improving the care and welfare of those affected by prostate cancer. The Prostate Cancer Charity is now the UK's leading voluntary organisation working with people affected by prostate cancer.
 
The Ellen MacArthur Cancer Trust became a registered charity in late 2002, and was officially launched by Dame Ellen MacArthur on 2 January 2003. It takes young people aged between 8-24 sailing to help them regain their confidence, on their way to recovery from cancer, leukaemia and other serious illness. It now works with every young person's primary cancer care unit in the UK. These primary care units deal with around 95% of young people being treated for cancer in the UK.
 
Ticket price includes a drinks reception, a three course meal, live music and dancing until the early hours! Plus, live and silent auctions, a raffle, casino and table games.
 
The charities' blue logos have inspired our theme this year and we invite you to wear something blue to the event. There will also be an 'Ascot style' best dressed person award on the night.
 
Tickets are selling fast so snap up yours at £45 each (or £450 for a table of 10). This event is not only for lawyers, so please invite your family, friends, and colleagues and get a table (or two) together, to help these well-deserved causes.
 
As we are aiming to raise as much money as possible for our chosen charities, we would also very much appreciate any assistance that you are able to offer us in obtaining auction/raffle prizes, or with sponsorship!
 
If you would like to support our charities by sponsoring our drinks' reception we will in return provide you with a table for 10 guests and feature your company in the promotional literature.
 
Please contact us and ask to speak to Sophie Lanzoni for further information, on (023) 8023 0338, or by email at slanzoni@college-chambers.co.uk.
 
To book tickets: Please send a cheque to us made payable to 'College Chambers' including your contact details and upon receipt you will receive a booking confirmation letter.
 
We look forward to seeing you there!

College Chambers reaches 30 tenants

College Chambers are pleased to announce that Jason Hughes has joined Chambers after successfully completing pupillage. Before becoming a barrister, Jason was a management executive with a global telecommunications company. Jason's main area of practice is family law and he accepts instructions in public and private matters.

Shortly after celebrating our 20th birthday, Chambers has reached another milestone. After welcoming Sian Gough, Sally Davidson, Simon Lillington, Stephen Cotton and Jason Hughes to Chambers, we became a set of 30 tenants. Robin Belben, Head of Chambers, said "Chambers has enjoyed a marked increase in work over recent years and we have aimed to recruit tenants of the highest calibre to deal with this increased workload. With this in mind, we have recruited local tenants who share our core beliefs. I am very proud of the fact that we have gone from a small set of 6 members to a dynamic and successful set of 30 in just 20 years".

Chambers are committed to developing business practices in accordance with legislative changes to better serve our diverse client base. We are also committed to developing our infrastructure and information technology to increase our efficiency. We have developed and adopted Apple-based solutions throughout Chambers with the aim of implementing a paperless office and rapid turnaround of our advisory work.

College Chambers has recruited 2 new tenants

College Chambers is pleased to announce that Sian Gough (2003) and Sally Davidson (2006) joined chambers in April 2010. Please see their profiles on our new website or eBrochure for more details. Alternatively, please contact the clerks for more details on (023) 80 230338

College Chambers wishes Wendy a Long and happy Retirment

Chambers would like to wish Wendy Hughes a long and happy retirement. Wendy has been our Accounts Administrator for over 18 years. We thank her for her hard work and dedication to Chambers throughout her time with us. Chambers will be welcoming Claire Evans as Wendy's replacement in September. Claire will be bringing her considerable financial experience to us and we look forward to working with her.

Charity Quiz and Curry Night In Aid of the Rowan Hospice

We are pleased to announce that following the success of the College Chambers quiz night in 2008 and 2009 that we are organising a further quiz this year.

This years College Chambers Charity Quiz Night will be held on the 16th October 2010 at P.O.S.H, Queensway, Southampton. Further details will be made available in due course. Please contact Mark Windebank on (023)80 230338 to book your team or to obtain further details.

Invitations will be sent out shortly, but all are welcome. We want this event to be informal and for everyone to have a wonderful night of food, drink, dancing and raising money for charity. Please feel free to bring your friends and family (over 18 only please).

College Chambers Golf Challenge

The inaugural College Chambers Twilight Golf Challenge was held on 15th July 2010 at Romsey Club. Teams consisted of local solicitors, judges and our own golfers competing in mixed teams. The eventual winners, Gary Self, David Roath and Peter Taylor, were victorious by one point.

College Chambers are pleased to welcome Sophie Lanzoni as 3rd Junior Clerk & Marketing Assistant

Sophie joined Chambers in May 2010. Prior to joining us, she gained considerable experience within banking and retail. Sophie has a dual role in the Clerks' Room - she assists the administration and practical clerking and is also assistant to the Marketing Committee in Chambers.

Charity Cricket Match

The third annual Charity Cricket Match took place on 24th June 2010 between the College Chambers XI and the Isle of Wight Law Society XI. Having lost in previous years, the Isle of Wight team arrived at Eastleigh with a sense of purpose. College Chambers won the toss and chose to bat first. Forced to field an untested team due to traffic and late judicial sittings, Chambers attacked the Isle of Wight bowling leading to an impressive score of 164-5 after 20 overs. The Isle of Wight responded with a high run rate which was contained by Chambers' bowling midway through the batting. The match was very close and was won by the Isle of Wight on the penultimate ball.

The event raised over £800 for charity. We are grateful to all who attended and provided sponsorship and prizes for the event. We congratulate the Isle of Wight on winning the match and look forward to getting our trophy back next year.