Recent news
Sarah Clarke KC chaired the judging panel for the final of the Sir Mota Singh Mooting Competition on 28 March 2025
Sarah Clarke KC chaired the judging panel for the final of the Sir Mota Singh Mooting Competition on 28 March 2025. This prestigious event is organised by the Sikhs in Law Association in honour of Sir Mota Singh the first Sikh judge in England and Wales. He broke barriers and paved the way for countless judges from diverse backgrounds. As part of his great legacy, this moot’s purpose is to promote diversity and inclusion by enabling law students from diverse backgrounds to shine and to gain invaluable advocacy experience and by raising awareness of Sikhism and issues affecting the Sikh community.
To celebrate International Womens’ Day, the panel consisted of five female judges and Sarah was honoured to share the judging panel with HHJ Usha Karu, HHJ Anupama Thompson, Narita Bahra KC and Maryam Syed KC.
Anthony Haycroft successfully defends dentist before a Dental Professionals Hearing Committee in March 2025 in a two week Fitness to Practise hearing
Anthony Haycroft successfully defended a dentist before a Dental Professionals Hearing Committee in March 2025 in a two week Fitness to Practise hearing. No preliminary legal argument was necessary as Counsel agreed all relevant redactions to the bundle in advance of the hearing. The dentist was accused of 33 charges with up to 5 sub-charges per charge covering dishonest NHS claims for payment, inadequate treatment planning, diagnostic assessments, radiographic practice, poor clinical treatment and inadequate record keeping. The defence case was that there were inadequate record keeping but there were a substantial number of records missing. This was proven and after a week of discussion between the parties and experts the GDC withdrew all charges save those relating to record keeping (12). The parties then also agreed what evidence should go before the Committee and what further redactions should be made.
The defence argued unsuccessfully that the failings, individually all only below standard, should not be aggregated together to make “serious misconduct” and the cases of Schodlok v GMC [2015] EWCA Civ 769 and Ahmedsowida v GMC [2021] EWHC 3466, were argued and both experts questioned on the issue.
In any event no current impairment was found as the Committee accepted that all issues were fully remediated and full insight shown as demonstrated by an extensive bundle and oral evidence.
Anthony Haycroft was instructed by Lee Biddle and Nicola Blower of Clyde & Co, themselves instructed by Thomas McCaffrey of Dental Protection. Rina Hill of 23 Essex Street presented the case for the GDC.
Elliot Gold in successful appeal on CPR 11 and objection to jurisdiction
Elliot Gold appeared successfully against leading and junior counsel in persuading a court, on appeal, that CPR 11 has no application where the court has no jurisdiction to hear a claim at all, as opposed to where it has jurisdiction contingent on the agreement of the parties to submit to it.
The claimant issued a discrimination claim in the county court against a business that refused his application to enrol on a psychotherapy course. The defendant filed a defence before applying to strike-out the claim on the basis that only the employment tribunal had jurisdiction to hear it. At first instance, the court struck-out the claim. On appeal, the claimant said that the defendant had waived the issue of jurisdiction by failing to make an application under CPR 11 to dispute it, and relied on the Court of Appeal’s decision in Hoddinott v Persimmon Homes (Wessex) Limited [2007] EWCA Civ 1203.
In a detailed judgment on this point, the court held that CPR 11 did not apply where the court had a total want of jurisdiction:
29. I agree with Mr Gold’s analysis. The historical background to this rule is important in my assessment. It is clear that the Rule arose from an amalgam of issues relating to forum non conveniens and RSC Order 12.8. The focus was on irregularities that would mean a defect of jurisdiction could be waived. Whilst Shah was obiter it was cited and approved in R (Williams). I accept that Hoddinott was not cited but that does not take away from what in my view is the correct approach. It cannot be that a party can waive the issue of jurisdiction where the County Court has no such jurisdiction. This court is an inferior court. Parliament has conferred jurisdiction on the County Court in respect of some but not all parts of the Equality Act. The defendant cannot be said to have submitted to the jurisdiction of the court if the court has no such jurisdiction at all. The procedural rules of CPR 11 cannot give the claimant a jurisdiction that does not as a matter of law exist. If as a matter of statute, this court cannot hear a claim, I do not understand CPR 11 to be conferring jurisdiction on the parties. CPR 11 is addressing situations where there are procedural matters that could mean the court in the particular circumstances has no jurisdiction as the claimant has failed to act in a certain manner; however, aside from the procedural matters, the court has jurisdiction. I do not read Hoddinott as purporting to give the court jurisdiction to hear a cause of action that the court would not otherwise have as a matter of statute. If the defendant was within Part 5 of the Act, then there was no jurisdiction in the County Court to hear the claim. The claim must fail as the defendant was not within Part 3 or 6.
30. I am satisfied that Mr Gold’s analysis is correct. The procedural rules take second place to statute. If the court as an inferior court of record is not entitled to hear a cause of action as it does not fall within its remit, the defendant cannot submit to the jurisdiction of the court. The whole claim is outwith the court. Where there is a procedural issue which means that, if established, the court has no jurisdiction to consider the claim, that is very different to situations where there is no underlying jurisdiction. For these reasons the DJ reached the correct decision. This is a rolled-up hearing. I give permission to appeal but dismiss the appeal on this ground.
The judgment can be downloaded here.
Five members of chambers in judicial review challenge to police officer vetting system
Judgment was handed down on 11 February 2025 by the Administrative Court in the case of R (Di Maria) v Commissioner of Police of the Metropolis and Ors.
The Claimant is a Police Sergeant whose vetting was reviewed and withdrawn following concerns about his behaviour that had not resulted in any misconduct findings against him. He was referred to ‘gross incompetence’ proceedings under the Police (Performance) Regulations 2020 on the basis that without vetting clearance he was unable to perform his role as a police officer. Those proceedings were paused pending the Claimant’s claim for judicial review.
The Claimant’s case was considered as part of Metropolitan Police’s Operations Onyx and Assure which were designed to review the position of officers who have faced adverse information (particularly relating to sexual offending and domestic violence) and to improve compliance with national vetting standards, in response to the Baroness Casey, Dame Elish Angiolini and His Majesty’s Chief Inspectorate of Constabulary’s highly critical reports.
The Claimant brought what was described as a test case challenging the use of ‘conduct’ concerns in reviews of police vetting and the dismissal of officers for loss of vetting under the Performance Regulations. He argued that the College of Policing’s Vetting Code of Practice and APP Vetting, which stated that this was permissible, were unlawful.
Allowing the claim, Lang J found that:
- The Commissioner had the power to impose a minimum vetting requirement for police officers pursuant to his powers of direction and control, which the Claimant had disputed.
- The Commissioner did not have the power to dismiss a police officer for lack of vetting clearance; this was not provided for in any of statutory bases upon which a police officer could be dismissed.
- A police officer may not be found “grossly incompetent” or otherwise dismissed pursuant to the Police (Performance) Regulations 2020 consequent upon the withdrawal of their vetting clearance. The Commissioner had submitted (and the College of Policing’s publications state) that this provided a statutory basis upon which a police officer could be dismissed for lack of vetting clearance.
- Where a police officer has been investigated pursuant to the Police (Conduct) Regulations 2020 and found to have “no case to answer” a subsequent vetting review may not find that there are reasonable grounds to suspect that the same conduct occurred, save in exceptional circumstances.
- The Claimant’s Article 6 rights were breached by the failure to consider and determine whether he should be afforded the opportunity to call witnesses or cross-examine complainants, and by not giving him the opportunity to be legally represented, in a vetting review process where the outcome was the removal of his minimum vetting clearance which makes it very likely that he will be dismissed and included in the Police Barred List.
The Judge did not go on to consider the Claimant’s rationality challenge to the decision to withdraw his vetting clearance.
The Commissioner will be seeking leave to appeal to the Court of Appeal.
It is anticipated that the Home Secretary will create Regulations to allow for the dismissal of officers who cannot maintain minimum vetting clearance.
The case has attracted significant media interest.
John Beggs KC, James Berry and Katherine Hampshire acted for the Commissioner.
Gerry Boyle KC and Aaron Rathmell acted for the College of Policing.
James Berry featured as Times Lawyer of the Week and by Legal Business as one of 10 new silks to note
James Berry was featured by The Times as ‘Lawyer of the Week’ on 23 January 2025.
James was also featured in Legal Business magazine’s list of 10 ‘names to note’ of the 105 silks to be appointed on 24 March 2025.
Rachel Spearing represents Sloan Helicopters Limited in Leicester City King Power Stadium Inquest.
The inquest investigating the deaths of five people including the Chairman of Leicester City Football Club Vichai Srivaddhanaprabha has concluded it was an accident.
Rachel Spearing, instructed by Patrick Slomski, Aviation & Aerospace Team Partner at Penningtons Manches Cooper LLP, represented Sloan Helicopters Limited. The Jury found the helicopter “had all its appropriate airworthiness and maintenance certificates” and followed the directed findings of the Air Accident Investigation Branch (AAIB) with causation being due to the A169 helicopter’s tail rotor bearing seizing, which in turn caused the crash.
See coverage here.
The Senior Coroner continues to review prevention of future death issues raised by the AAIB currently under review by the Civil Aviation Authority and EASA.
David Lawson and Katherine Hampshire successfully defend local authority against Human Rights and judicial review claims related to Care Act 2014 accommodation
David Lawson and Katherine Hampshire represented the local authority in two linked judicial review claims concerning accommodation and services under the Care Act 2014. The claims were heard over seven days from September to November 2024 by Mr Justice Fordham.
The Claimant lived in Home Office Bail accommodation with a local authority care package. The judgment considers:
(i) whether a local authority may take Home Office Bail accommodation into account when assessing and responding to care and support needs under the Care Act 2014;
(ii) the correct approach to assessing whether an individual has an accommodation-related need for care and services that might oblige a local authority to provide housing under the Care Act 2014;
(iii) whether ‘physical things’ such as an accommodation layout or shower rails can comprise an accommodation related care need.
The judgment reviews case law under the National Assistance Act 1948, the Care Act 2014 as well as its statutory guidance and supporting regulations. The judgment finds that bail accommodation is legally “residual” (like asylum accommodation) and analyses how this conclusion can be applied to the Care Act 2014. It rejects the idea that physical things can be a need for care and support.
The judgements in BLZ2 [2025] EWHC 154 (Admin) is available here and BLZ1 [2025] EWHC 153 (Admin) is available here.
Rachel Spearing shortlisted for the Female Trailblazer of the Year award by the Clio Modern Law Awards 2025
We are delighted to announce that Rachel Spearing has been shortlisted for the Female Trailblazer of the Year award by the Clio Modern Law Awards 2025.
Established in 2013, the Clio Modern Law Awards is a prestigious event that celebrates excellence and innovation within the legal industry. This event brings the legal sector together to celebrate the triumphs of all legal professionals within the UK, particularly those who are making invaluable contributions to a number of areas right across the sector.
Thank you to our clients for their support and congratulations to all others shortlisted.
View more about Rachel and her practice here.
See the full list of those shortlisted here.
Three Serjeants’ Inn Barristers to be appointed King’s Counsel in March
We are delighted to announce the forthcoming appointments of George Thomas, Rachel Spearing and James Berry as King’s Counsel. They will be sworn in during a ceremony expected to take place at Westminster Hall in March.
Congratulations from all of us at Serjeants’ Inn to George, Rachel and James and many thanks to all those who participated in the application process as referees.
Matthew Holdcroft and Cecily White succeed in the Court of Appeal case of Woodcock and CJ & PJ
This morning, the Court of Appeal overturned Mr Justice Ritchie’s judgment in Woodcock and upheld Mr Justice Martin Spencer’s judgment in HD and others.
Matthew Holdcroft and Cecily White, led by Andrew Warnock KC of Deka Chambers, represented the successful Chief Constables in both cases which concerned liability of the police for the criminal actions of a third party and alleged police failure to investigate.
This is a very significant judgment. In brief:
- A generalised risk of future ill-treatment within Article 3 does not trigger the investigatory duty.
- A duty (under Article 3) cannot exist before it was owed.
- Foreseeability of harm is not sufficient to give rise to a duty (even a narrow one on these facts).
- A claimant that relies on an alleged assumption of responsibility will usually require a specific representation or promise to take a particular action.
- A claim based on an assumption of responsibility will generally also require reliance (not in the case of e.g. a vulnerable child) on the representation to be proved.
The judgment will help clarify the merits of both negligence and Article 3 claims, and resolves what many considered an anomaly created by Ritchie J.
Please click here for a copy of the judgment.
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Awards
Professional Discipline Finalist
ANTHONY HAYCROFT
Best Service Innovation
FINALIST
2016
BRIDGET DOLAN QC
Professional Discipline Set of the Year
WINNER
Finalist
JOHN BEGGS QC
Junior Pro Bono Barrister of the Year
Jake Rylatt
NOMINATED
Female Trailblazer of the Year
Rachel Spearing
SHORTLISTED
Public Services and Charities Junior of the Year
James Berry
WINNER
Court of Protection Junior of the Year
Rhys Hadden
WINNER
Public Services and Charities Set of the Year
NOMINATED
Public Law Set of the Year
NOMINATED
Professional Disciplinary Set of the Year
NOMINATED
Court of Protection Set of the Year
NOMINATED
Clinical Negligence Set of the Year
NOMINATED
Set of the Year
NOMINATED
Best Chambers for Legal Tech
LONGLISTED
Best Chambers Supportiveness
LONGLISTED
Best Chambers for Quality of Work
LONGLISTED
Nageena Khalique KC
Advocate of the Year
WINNER
Set for Social Mobility Initiative of the Year
SHORTLISTED
Set for Race Equality Initiative of the Year
SHORTLISTED
Sarah Clarke KC
Business Crime Defence
LISTED
John Beggs KC
Professional Discipline Silk of the Year
SHORTLISTED
Bridget Dolan KC
Inquests and Public Inquiries Silk of the Year
SHORTLISTED
Simon Cridland
Professional Discipline Junior of the Year
WINNER
Clinical Negligence Set of the Year
SHORTLISTED
Inquests and Public Inquiries Set of the Year
SHORTLISTED
Professional Discipline Set of the Year
WINNER
Michael Mylonas KC
Court of Protection and Community Care Silk of the Year
SHORTLISTED
John de Bono KC
Clinical Negligence Silk of the Year
WINNER
Katie Gollop KC
Court of Protection and Community Care Silk of the Year
WINNER
Bridget Dolan KC
Court of Protection and Community Care Silk of the Year
SHORTLISTED
Sarah Clarke KC
Financial Services and Insurance Silk of the Year
SHORTLISTED
Claire Watson KC
Clinical Negligence Silk of the Year
SHORTLISTED
Anthony Haycroft
Professional Disciplinary and Regulatory Junior of the year
SHORTLISTED
Heidi Knight
Clinical Negligence Junior of the Year
SHORTLISTED
Eloise Power
Clinical Negligence Junior of the Year
SHORTLISTED
James Berry
Public Services and Charities Junior of the Year
SHORTLISTED
Rhys Hadden
Court of Protection and Community Care Junior of the Year
SHORTLISTED
Cecily White
Professional Disciplinary and Regulatory Junior of the Year
SHORTLISTED
Catherine Calder
Chambers Leader of the Year
WINNER
Lee Johnson
Senior Clerk of the Year
SHORTLISTED
Clinical negligence set of the year
SHORTLISTED
Court of Protection and Community Care Set of the Year
SHORTLISTED
Professional Disciplinary and Regulatory Law Set of the Year
WINNER
Public Law Set of the Year
SHORTLISTED
Public Services and Charities Set of the Year
SHORTLISTED
Marketing Team of the Year
SHORTLISTED
Front of House Team of the Year
SHORTLISTED
Sarah Clarke KC
Responsible Leader
SHORTLISTED
Mark Harries KC
Pro Bono KC of the Year
WINNER
Olivia Kirkbride
Young Pro Bono Barrister of the Year
SHORTLISTED
Tom O'Connor
Pro Bono Chambers' Professional of the Year
WINNER
Pro Bono Chambers of the Year
SHORTLISTED
Andrew Hockton
Professional Discipline & Regulatory Law Junior of the Year
SHORTLISTED
Angus Moon KC
Clinical Negligence Silk of the Year
SHORTLISTED
Clinical Negligence Set of the Year
SHORTLISTED
Lifetime Achievement Award
Sir Robert Francis KC
Marketing & Front of House Team of the Year
SHORTLISTED
Catherine Calder
Chambers' CEO of the Year
SHORTLISTED
James Berry
Public Law Junior of the Year
SHORTLISTED
Heidi Knight
Clinical Negligence Junior of the Year
SHORTLISTED
Alan Jenkins
Professional Discipline & Regulatory Law Junior of the Year
SHORTLISTED
Sarah Clarke KC
Financial Services and Insurance Silk of the Year
SHORTLISTED
Christopher Johnston KC
Clinical Negligence Silk of the Year
WINNER
John Beggs KC
Professional Discipline & Regulatory Law Silk of the Year
SHORTLISTED
Public Law Set of the Year
SHORTLISTED
Professional Discipline & Regulatory Law Set of the Year
WINNER
Clinical Negligence Set of the Year
SHORTLISTED
Set of the Year
SHORTLISTED
Clinical Negligence Set of the Year
WINNER
Clinical Negligence Junior of the Year
Neil Davy
Professional Discipline Junior of the Year
Elliot Gold
Professional Discipline Set of the Year
SHORTLISTED
John de Bono QC
Clinical Negligence Silk of the Year
SHORTLISTED
Professional Discipline Junior of the Year
James Berry
Professional Discipline Set of the Year
SHORTLISTED
Claire Watson
Clinical Negligence Junior of the Year
SHORTLISTED
Clinical Negligence Set of the Year
WINNER
Clinical Negligence Silk of the Year
Christopher Johnston QC
Outstanding Contribution to Diversity & Inclusion Set of the Year
SHORTLISTED
Professional Discipline Set of the Year
SHORTLISTED
Gerry Boyle QC
Professional Discipline Silk of the Year
SHORTLISTED
David Morris
Professional Discipline Junior of the Year
SHORTLISTED
Elliot Gold
Leader of the future, Diversity & Inclusion
SHORTLISTED
Professional Discipline Silk of the Year
John Beggs QC
Chambers Innovation
WINNER
Chambers of the Year
WINNER
Award for Customer Focus
WINNER
Chambers of the Year
WINNER
Katie Gollop QC
Barrister of the Year
WINNER
Client Care Initiative of the Year
HIGHLY ACCLAIMED
Certificate of Recognition for Excellence in Well-being
HIGHLY ACCLAIMED
Michael Mylonas QC
Clinical Negligence Silk of the Year
SHORTLISTED
Angus Moon QC
Clinical Negligence Silk of the Year
SHORTLISTED
Professional Discipline Junior of the Year
ANTHONY HAYCROFT
Clinical Negligence Set of the Year
SHORTLISTED
Angus Moon QC
Clinical Negligence Silk of the Year
SHORTLISTED
Client Management Innovation
FINALIST
Chambers of the Year
WINNER
Litigation Team of the Year
FINALIST
Set of the Year
WINNER
Clinical Negligence Set of the Year
WINNER
Bridget Dolan
WINNER
Set of the Year
WINNER
2015
Set of the Year
WINNER
The Lawyer Awards 2015
Bronze place
GERRY BOYLE
2015
Client Service
HIGHLY ACCLAIMED
Bronze place
SET OF THE YEAR
2016
JOHN BEGGS QC
2016
Set of the Year
HIGHLY ACCLAIMED
2016
Rising Star
CECILY WHITE
Professional Discipline Junior of the Year
ANDREW HOCKTON
Best Strategic Resource
2015
FINALIST
Professional Discipline Finalist
ANTHONY HAYCROFT
Best Service Innovation
FINALIST
2016
BRIDGET DOLAN QC
Professional Discipline Set of the Year
WINNER
Finalist
JOHN BEGGS QC
Junior Pro Bono Barrister of the Year
Jake Rylatt
NOMINATED
Female Trailblazer of the Year
Rachel Spearing
SHORTLISTED
Public Services and Charities Junior of the Year
James Berry
WINNER
Court of Protection Junior of the Year
Rhys Hadden
WINNER
Public Services and Charities Set of the Year
NOMINATED