Carol's practice has always been a mix of civil and family law with willingness to learn new areas of law, creating a wealth of knowledge over the years.
Carol qualified in 2007 as a mediator with the ADR Group and in 2018, she became a Fellow of the Chartered Institute of Arbitrators, training as an arbitrator in domestic civil and commercial disputes. Carol is also a member of the Associations of Contentious Trust and Probate Specialists.
Carol has had particular interests throughout her practice in probate and property disputes and dealing with family finances whether as part of inheritance or as part of breakdown of relationships. Her specialism is now focused on inheritance and probate disputes and ownership of property disputes.
Carol's approach to all her work is to prepare fully and in detail. She has the patience and determination to assist parties to resolve their disputes by alternative dispute resolution. Her advices and opinion are thorough and practical. Carol's court experience of many years means that she conducts her clients' cases effectively, robustly and sensibly.
Carol was called to the Bar in 1995 having initially had a career in banking and insurance. She undertook her pupillage in Leicester with Steven Gasztowicz K.C and started her practicing career in the Midlands before relocating to Southampton in 2002 to join College Chambers.
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Carol has developed a strong practice in wills and probate disputes over 27 years. She has dealt with contested probate claims, cases as to the construction or interpretation of wills and disputes involving personal representatives, trustees and beneficiaries as to the administration of estates and trusts. She has longstanding experience with cases under the Inheritance (Provision for Family and Dependants) Act 1975: her many years of practicing in matrimonial financial and cohabitation disputes has provided in depth knowledge and expertise in terms of spousal and cohabitant claims.
Carol has had a longstanding civil law practice dealing with a variety of disputes involving property and land, professional negligence, consumer, contractual and commercial disputes. This has given her a wealth of knowledge, understanding and experience in various areas of law, issues and disputes.
Carol now focusses on property disputes involving disputes of ownership dealt with by the Trusts of Land and Appointment of Trustees 1996.
Carol has a high level of skills to deal with complex and historical facts, evidential and legal issues. She can tackle disputes with a practical approach with the aim of enabling clients to restart their lives and property ownership.
Carol has dealt with Court of Protection cases since 2008. She has significant experience in dealing with cases involving care and residential home costs. Her focus is now on cases involving property and affairs including disputes in relation to deputies and attorneys. She can provide clear and effective advice on matters involving lasting powers of attorney and deputy applications and orders. Carol appears in the local courts in respect of such cases as well as the Court of Protection in London.
Carols skills include attention to detail, with thorough preparation of the facts and the law, crafting comprehensive summaries, draft orders and schedules for court hearings, mediations and conferences. The provision of such skills requires timely instructions, information and documentation from the clients which will be sought on her behalf by her clerks.
Carol gives clear, firm, practical and sensible advice, delivered in a sensitive and effective manner, tailoring the approach for each client and their particular needs.
Carol appreciates and understands the clients fears, emotions and how their desires and expectations are affected accordingly. Carol ultimately seeks to assist her clients to manage their expectations, see the bigger picture and to find their way to a solution which will enable them to move on and put the disputes behind them.
Carols approach is conciliatory and with an emphasis to work reasonably with all parties involved in a dispute to reach a conclusion that meets her clients best interests. Her approach is holistic, integrating the law, finances and personal factors. A sense of humour, compassion and patience are core elements of Carols personality, which can help clients find some ease at times of high stress and upset.
Having trained as an accredited mediator by ADR Group in 2007, Carol is registered with the Bar Council as a mediator. She is also a member of the Civil Mediation Council. Carol is qualified and experienced to mediate civil, chancery and commercial matters. Mediations can take place at College Chambers, but Carol is always willing to travel to other venues for parties' convenience or to deal with mediations remotely. Carol ensures that parties are fully engaged in taking part in their mediation to solve the problems they face.
Carol is an arbitrator having trained with the Chartered Institute of Arbitrators in Domestic Arbitration. She successfully became a Fellow of the Institute in 2018. Carol can be appointed as an arbitrator to deal a variety of disputes, consumer, contractual and commercial. She encourages businesses and consumers to engage a local arbitrator like her who is cost effective, approachable and who can provide quick and thorough conclusions to their disputes.
Carol has undertaken direct access work for many years. She provides this service in the areas of law as set out above. She is very careful to assess potential cases to ensure that direct access route is appropriate for each client. Carol will communicate with any potential client initially via a 15-minute free telephone call or short meeting to assess the matter and client for the purposes of utilising the direct access scheme. Carols aim is to assist the direct access clients as much as possible from the first main meeting or advice, to ensure that they achieve the best outcome from the disputes or issues. Practical advice is given along with guidance as to the procedure, the factual issues, the law, the evidence and likely outcomes. Carol ensures that matters are addressed in plain English, with sensitive frankness and realistic guidance.
A copy of Carol's privacy policy can be found here.
Carol is regulated by the Bar Standards Board, holds professional indemnity insurance with Bar Mutual and is VAT registered.
LLB (Hons) University of Glamorgan and Université de Paris XIII
Civil Dispute Mediator since February 2007
MCIArb
Member of The Honourable Society of The Middle Temple
Fellow of the Chartered Institute of Arbitrators
The Chancery Bar Association
The Court of Protection Bar Association
Associate Mediator with the Civil Mediation Council (CMC)
Member of ACTAPS
Member of the Chartered Institute of Arbitrators
On 3 April 2019, the Court of Appeal considered case of the Herbert v HH Law Limited [2019] EWCA Civ 527 in which two main issues were addressed: Firstly, there was an issue as to what is the proper meaning and application of CPR rule 46.9 ...
On 3 April 2019, the Court of Appeal considered case of the Herbert v HH Law Limited [2019] EWCA Civ 527 in which two main issues were addressed:
Firstly, there was an issue as to what is the proper meaning and application of CPR rule 46.9(3) where a success fee under a CFA had been fixed at 100% subject of course to a cap of 25% of damages, but without any assessment of litigation risk. The question before the Court of Appeal was whether the client had expressly or impliedly "approved" the success fee of 100% so as to give rise to the presumptions in CPR rule 46.9(3)(a) and (b) that the success fee was reasonably incurred and reasonable in amount.
⢠Secondly, whether or not the cost of after the event insurance (ATE) was properly to be treated as a solicitor's disbursement liable to assessment under section 70 of the Solicitors Act 1974.
As to the first issue, the Court of Appeal determined that approval in CPR rule 46.9(3) (a) and (b) meant approval given by the client following a full and fair explanation from the solicitor. Key points made by the Court were as follows:
⢠It is for the solicitor to show that informed consent had been provided by the client.
⢠A client simply signing the CFA was not evidence of a client giving informed consent. It was open to the client to argue afterwards that the documentation was inaccurate, misleading or insufficiently comprehensive regarding the success fee.
⢠When setting a success fee at 100% without taking account of the litigation risk of the particular case, the client should be informed that such a success fee is standard due to the solicitor's business model and set without specific assessment of the client's claim.
⢠Whilst the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) abolished the right of recovery of a success fee and CPR provisions making litigation risk a relevant factor when entering into funding arrangements had been revoked, the wording of the current CPR rule 46.9(4) means that litigation risk remains a relevant factor when a solicitor determines the success fee under a CFA.
The lessons to be taken from this judgment are:
⢠Ensure that the retainer letter to the client refers clearly to the basis of the success fee and how it is determined and why it is at a standard 100%.
⢠Ensure that the CFA is full, complete and accurate.
⢠Ensure that any general information documents provided to the client provide full, clear and sufficient information about the success fee.
⢠Confirm to the client that upon signing the CFA, this will be evidence of the client's informed consent attempt to do so through discussions directly with the client.
⢠Record the oral explanation in an attendance note and confirm in writing in a follow up letter to the client.
As further issue in this case, the Court of Appeal considered the treatment of ATE insurance premiums in relation to costs. The Court confirmed that it is wrong to regard ATE premiums as solicitors' disbursements. In particular, the Court held that a payment qualified as a solicitor's disbursement if: -
- ATE premiums did not fall within the definitions of "disbursement" or "professional disbursement" in the Solicitors Regulation Authority Handbook.
Carol Davies is a barrister at College Chambers a dynamic set of specialist barristers leading the way in the South of England. If you think Carol can offer you assistance, please contact us.
Carol Davies
Please note any article published on this website is not intended as legal advice and is to be considered to represent the opinions of the author at the time of publishing only. If you require legal advice, you are encouraged to contact a solicitor, complete the Direct Access Questionnaire or complete our Contact Us form.
OKCarol has a very good knack of cutting to the real issues in a case and avoids wasting time on a pointless argument.
OKCarol is a highly skilled and experienced woman and I greatly respect her attention to detail and her hard work on my behalf. I would certainly recommend her to friends or family needing good legal representation in a similar situation. Carol is a focused and tenacious woman with the completer/finisher skills and memory needed for a successful day in court. At no time did I feel that she was not fully in control.
OKI have instructed Carol on a wide range of matters for a number of years, primarily in family and cohabitant property disputes.
Her knowledge in these areas is inimitable, as is her enthusiasm for the subject. Written advice is not only thorough but timely, and is always followed up with a friendly enquiry on how the case is progressing. Being able to send written advice to a lay client without having to re-write it into understandable English is always a bonus, and this is reflected in Carol's grasp of how a client will read her advice.
In conference she is empathetic and listens to what a client wants and in court she commands attention with her thorough knowledge and understanding of the case papers.
Given a choice, Carol is one of my go-to favourites when needing a specialist in her field.
OKCarol always exceeds my expectations when delivering a professional service; Her work is above and beyond that expected. Carol is very personable, she quickly develops a reassuring rapport with a client and explains the law and court processes in a clear and coherent manner. Her underlying skills lie in gently managing client expectations.
OKI have sought opinions from Ms Carol Davies Counsel of that Chambers and I cannot recommend her highly enough. She is extremely knowledgeable and in each case has presented her opinions/advice in a most comprehensive and learned manner which has helped my clients enormously. Her opinions are well written and one can tell that she has researched that particular area of law meticulously. The Clerks are always very helpful when I have spoken to them. I have absolutely no hesitation in recommending Ms Davies and College Chambers
OKI have instructed Carol over many years due in part to her considerable legal knowledge and her firm but fair approach. I would have no hesitation in recommending her to anyone and indeed do. Without fail she has provided prompt and reliable reporting and goes above and beyond in her duty to her client.
OKI tend to instruct Carol on contentious probate and inheritance act claims or disputes with trustees. She uses her abilities as an advocate and mediator to resolve cases and where possible reach sensible outcomes and avoiding the risks and costs of a trial. I would not hesitate in recommending Carol to colleagues and fellow professionals
OKCarol successfully negotiated a financial settlement at court for a client of mine who found himself involved in a seemingly intractable dispute with his wife. It was a case with limited assets and substantial debts. There were four children of the family, all of whom had complex health issues. Using great skill, tact and diplomacy, Carol managed to pull off a deal that allowed the client to remain in the family home with the children, whilst ensuring that appropriate steps were put in place to manage the various liabilities. She was exactly the right choice of advocate for a tricky case that was in desperate need for a down to earth approach.
OKCarol Davies and College Chambers highly recommended for mediation.
OKCarol's preparation and attention to detail is outstanding. I have never instructed [her] and been concerned that [she] had not spent hours reading the papers and being thoroughly prepared for the case in hand and to deal with any issues arising from [her] instructions. [Carol is] also very thorough in [her] explanations to clients and [she has] a very sensitive and pragmatic approach. [Carol] can always be relied upon to do a good job and look for a solution even in the most difficult cases.
OKYour relaxed but still focused approach was impressive, as was your persistence, notwithstanding by late afternoon a settlement still seemed unlikely. From my perspective, the mediation was a positive and ultimately successful experience.
OKCarol Davies is particularly experienced in such matters, with recent work dealing with the validity of wills, the severing of joint tenancies shortly before death, and multi-jurisdictional matters.
OKOn a daunting day for us, Carol made us feel very at ease, explaining every detail with patience and understanding. She carried out her responsibilities in a very quiet and professional manner and we would certainly recommend her services.
OKI have instructed Carol many times now. Aside from her obvious legal ability and intellect, I instruct Carol because she is absolutely fantastic with clients who always feel assured that not only do they have an advocate who can put their case forwards for them in the bests possible way but a human being who understands the problem and genuinely wants to help them solve it.
OKAfter some tough going and a somewhat difficult judge, Carol saved the day and achieved a final outcome that I think was very fair and reasonable... She is a gem.
OKPersonally I would describe Carol as approachable, reliable, astute and tenacious. She recognises the challenges faced by solicitors and is always hugely supportive. She builds a good rapport with clients and makes for excellent company.
OKI have instructed Carol Davies on range complex and high net worth cases. Her preparation, legal knowledge and eye for detail is second to none. A skilled and highly persuasive advocate she also has the rarer ability to explain complicated legal points to clients.
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