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Hendersons - Barristers' Chambers

Adam Heppinstall

"A highly capable junior who demonstrates his skill across a broad range of areas."

Chambers UK


Call
1999

Adam Heppinstall is describe by Legal 500 as “Very much a silk in waiting with fantastic client and people skills” and someone who “responds well under pressure and is incredibly bright.” Chambers UK say that “He is extremely calm and knowledgeable and has excellent judgement. He is a terrific team player; he rolls his sleeves up and gets into the detail” and as “tactically astute” and “the ‘very bright’ Adam Heppinstall who provides ‘clear, sensible advice’ and brings ‘a spirited approach’ to his cases”.

He is currently instructed by one of the interested parties in the Grenfell Tower Public Inquiry, by GSK in the Seroxat pharmaceutical group action, by Shell in relation to Nigerian oil spill group actions, by the Government in relation to H1N1 vaccine damage cases, by Unilever in respect of post-election violence in Kenya, by a large group of Claimants in the VW emissions scandal litigation and by various private clients and government departments in respect of judicial reviews, public procurement, property disputes, fires, housing policy, professional discipline, contractual/commercial claims, FOIA/DPA, inquests, employment claims, Traffic Commissioner hearings, NIHL, ionising radiation, bullying, mesothelioma, TBI, WBV, NFCI and Q Fever.

 

Expertise


International Group Actions

Adam acts for a range of international group companies in five separate international group actions brought against British (and Dutch) public companies domiciled in London.

The mass tort claims arise out of the foreign operations of subsidiaries in Africa and India.

Proceedings are brought using the anchor defendant gateway coupled with an allegation of parent company liability.

The claims range from environmental to employer’s liability.

Each has involved challenging service out of the jurisdiction on a foreign subsidiary of a PLC domiciled in London, which has also been sued.

The challenges have included consideration of the merits of the “Chandler” duty of care pleaded against the parent company, and whether it is sustainable.

Representative cases

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  • The Bodo Group Action

    Acting for Shell in a mass international environmental group action (oil spills in the Niger Delta) proceeding in London.  The clean-up injunction proceedings were most recently stayed by Cockerill J [2018] EWHC 1377 (TCC)when she gave useful guidance on when a Court will stay a case to allow for a novel ADR process.  Judgments have also been given by Coulson J and Akenhead J

  • AAA and others v Unilever PLC and Unilever Tea Kenya Limited [2018] EWCA Civ 1352

    In the latest of a series of jurisdictional decisions, the Court of Appeal (Lady Justice Gloster, Lord Justice Sales and Lord Justice Newey)  in AAA and others v Unilever PLC and Unilever Tea Kenya Limited has decided that Unilever’s Kenyan subsidiary should not face claims in England and Wales based on injuries suffered by visitors to and on its tea plantation in Kenya (arising out of Post- Election Violence, at the hands of third parties, in 2007.)

    The assertion that England and Wales was the correct forum was based on a “anchor defendant claim” of parent company liability against Unilever PLC (domiciled in England and the Netherlands.)  The Court has found that the Claimants cannot make out a duty of care, on Caparo principles, against the parent company. The Court confirms that its decision in Chandler  v Cape PLC [2012] 1 WLR 3111 does not lay down a separate test of parent company liability, distinct from general tortious principles.  The Court sets out that there are broadly two possible types of parent company duty cases. The first is where the parent has (in substance) taken over the management of the relevant activity in the subsidiary (which can be joint with the subsidiary’s management) and the second is where the parent has given relevant advice to the subsidiary about how it should manage a particular risk.

    The Court found that this case fell into neither category.   Without a claim against the parent company, the claim against the Kenyan subsidiary cannot be heard in London and the intended group action, as a whole, fails.  The Claimants may seek permission to appeal to the Supreme Court.

  • The Bodo Group Action [2014] EWHC 958 (TCC) (Akenhead J)

    Acting for Shell’s Nigerian subsidiary in a mass international oil spill environmental group action. Led by Charles Gibson QC. Read more.

  • The Cape Group Action (2001)

    Multi-claimant action arising out of asbestos exposure in South Africa. Instructed by Cape.

Domestic Group Actions

Adam acts in a range of product liability, environmental and person injury group actions.

He is currently instructed by GSK in the Seroxat Group Action.

He acts for the Department for Health in a vaccine damage group action (the swine flu vaccine, Pandemrix) which is at the pre-action stage.

He is also instructed in a group of military/combat immunity Noise Induced Hearing Loss (NIHL) and Q Fever claims by the MOD.

He was junior counsel for the MOD in the Nuclear Test Veterans Group Action, where judgment for the MOD was given by the Supreme Court in the limitation preliminary issue (which also raised novel causation arguments) having already been heard by the High Court and Court of Appeal.

Led by Oliver Campbell QC, he acts for a large group of Claimants in the VW, Audi, Seat and Skoda Emissions Group Action.

He is used to handling complex medical/technical expert evidence and large scale disclosure, particularly involving commercially sensitive or classified evidence.

Representative cases

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  • Eaglesham v Ministry of Defence [2016] EWHC 3011 QB (Andrews J)

    Decision on striking out for failure to comply with Unless Order. Read more.

  • Durrheim & Others v MOD [2014] EWHC 1960 (QB) (Patterson J)

    Application to transfer a number of NIHL personal injury claims to the High Court. Led by Leigh-Ann Mulcahy QC. Read more.

  • Nuclear Test Veterans Litigation - [2013] 1 AC 78 Supreme Court, Court of Appeal, QBD

    Group action arising out of the British atomic and nuclear tests in the Pacific and Australia in the 1950s. Leading judgment of Supreme Court on limitation, causation and group actions. Read more.

  • Bass/Taylor v MOD [2018] EWHC 1297 (QB)

    Master Davison has given guidance on the approach to be taken to an application to the High Court to “transfer in” a County Court claim (section 41 County Court Act 1984) after an application to the County Court to transfer up to the High Court (section 42 County Court Act 1984) has already been refused by a District Judge (para 14.)  The Master did not treat the second application as an abuse of the process but dismissed it as a “mere replication of the application” which the District Judge had already refused, a decision the Master found to be “within her judicial discretion and which she was entitled to make” (para 14).  The Master notes the rarity of successful application to transfer in (para 16.)  He comments upon the need for comity between the QB Masters and the District Judges of the County Court at Central London, now co-located in the RCJ.  He also considers the meaning and effect of CPR Rule 30.3(3) and confirms that nothing in the Justice and Security Act 2013 effects the County Court’s jurisdiction to consider Public Interest Immunity (PII) Certificates.

    The Claimants seek personal injury compensation for Q Fever, a zoonotic disease allegedly contracted during their military service in Afghanistan.

Product Liability

Recommended by Chambers and Partners (2019, “A silk in waiting who has an amazing ability to pick things up quickly.”)  and the Legal 500 (2019, “A go-to senior junior”) in this area of law, he has advised and appeared in various product liability cases, including in relation to vaccines (he is advising the UK Government in respect of several vaccine damage cases), drugs, medical devices (including metal on metal hips and pacemakers) and electrical equipment (televisions/white goods).  He is instructed by GSK in the Seroxat Litigation/Group Action which is due for trial before Lambert J in the second quarter of 2019.

He is experienced at working with medical experts, particularly in the fields of psychiatry, ionising radiation, industrial disease and epidemiology.  He is a Senior Associate of the Royal Society of Medicine and an Associate of the Faculty of Forensic & Legal Medicine of the Royal College of Physicians of London, as well as a member of the Medico-Legal Society.

He appeared for the Department of Work and Pensions in the first ever vaccine damage payment appeal (relating to the administration of Pandemrix) to reach the second and third appellant tiers, having been heard by both the Upper Tribunal and the Court of Appeal (Etherton MR presiding).

He has acted for both the MHRA (counterfeit drug enforcement) and the Food Standards Agency (especially in meat hygiene cases – a recent JR relating to EU Law on animal slaughter heard by the Court of Appeal is pending before the Supreme Court, Adam is led by Professor Sir Alan Dashwood QC).

Environment, Health & Safety, Personal Injury

Adam is recommended by the Legal 500 in this area (2019, ‘Bullish counsel: hardworking, incisive, and gives clients enormous confidence.’)

He has appeared in some landmark international environmental cases, including acting for Shell in the Bodo Nigerian Oil Spill Group Litigation and in the VW NOx Emissions Group Action.

Adam has advised several companies in criminal prosecutions and civil claims arising out of health and safety related matters.

He has specific expertise in asbestos personal injury claims (particularly in respect of the British Coal legacy cases) as well as those arising in the public sector (especially police, prison, fire and waterways). He has spent many years being instructed by insurers, working on road traffic, employer’s liability and public liability claims. He has appeared for several companies and individuals (and families of victims) before Coroners where health and safety issues have been raised. He is currently instructed by the MOD in claims for NIHL, Q Fever, NFCI and traumatic brain injury.

He is experienced at working with medical experts, particularly in the fields of psychiatry, ionising radiation, industrial disease and epidemiology.  He is a Senior Associate of the Royal Society of Medicine and an Associate of the Faculty of Forensic & Legal Medicine of the Royal College of Physicians of London, as well as a member of the Medico-Legal Society.

He has fire-related experience: He was instructed in civil claims arising out of the Marlie Farm Firework Fire, the Leyland Fire and a large residential fire in the Canary Wharf area. He is currently representing an interested party in the Grenfell Tower Fire Public Inquiry. He also has worked on claims arising out of the burning down of a luxury yacht. He has prosecuted for Fire and Rescue authorities as well as representing them in civil/employment claims and in coroners’ inquests. He has advised DCLG on matters concerning the Fire Service College.

Adam has been instructed by the Environment Agency to assist in numerous environmental claims, prosecutions and statutory appeals. He has pollution, water contamination and waste expertise and has acted in several private, public and statutory nuisance claims/prosecutions for companies, private clients and public bodies.

He also regularly acts for Highways England, particularly in health and safety and allied matters.

He has experience of property damage claims, including recoveries for flood damage for the Environment Agency and damage to the motorway estate caused during road traffic accidents, as well as for insurers subrogating on behalf of their insured.

He also has considerable expertise relating to explosions and to exposure to ionising radiation.

Representative cases

grid list
  • Eaglesham v Ministry of Defence [2016] EWHC 3011 QB. (Andrews J)

    Decision on striking out for failure to comply with Unless Order. Read more.

  • Durrheim & Others v MOD [2014] EWHC 1960 (QB) (Patterson J)

    Application to transfer a number of NIHL personal injury claims to the High Court. Led by Leigh-Ann Mulcahy QC. Read more.

  • Blythe v MOD Court of Appeal (Lord Toulson JSC, , Floyd & Christopher Clarke LJJ) LTL 26/11/2013 EXTEMPORE

    Whether time can be extended under a consent order, to seek further damages in a provisional damages pleural plaques case. Led by Patrick Limb QC. Read more.

  • The Marlie Farm Firework Explosion Litigation [2013] EWHC 2331 (QB) (Irwin J)

    Civil claims of fire personnel arising out of negligence of employing fire authority in dealing with large fireworks explosion. Led by Lawrence West QC. Read more.

  • Nuclear Test Veterans Litigation - [2013] 1 AC 78 Supreme Court, Court of Appeal, QBD

    Group action arising out of the British atomic and nuclear tests in the Pacific and Australia in the 1950s. Leading judgment of Supreme Court on limitation, causation and group actions. Read more.

  • Simon v Secretary of State for Communities & Local Government & Another, QBD

    Assessment of damages in a mesothelioma case. Instructed by the Defendants.

Commercial

Adam has considerable experience of all types of commercial disputes. He has advised on franchise agreements, finance leasing arrangements, agency agreements and all forms of consumer credit. He has represented companies in health and safety and local government regulatory prosecutions. He has acted in construction adjudications and Institution of Civil Engineering Arbitrations as well as in other forms of arbitration and mediation, including property, employment and commercial Din Torahs before the London Beth Din. He has been seconded to the legal departments of the Financial Services Authority, Railtrack and Nestlé (UK) Ltd. He assisted the Home Secretary in the E-Borders arbitration, particularly in relation to difficult disclosure issues.

Representative cases

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  • Abbey Forwarding Insolvency Case

    Instructed by the Liquidator in the Inquiry as to damages on HMRC’s cross-undertaking (on the Provisional Liquidation Order). Read more.

  • LCIA Arbitration

    European Government pursuing IT contractor. Major commercial arbitration.

Property

He acts for numerous commercial and residential landlords in respect of a range of issues including tenant insolvency, lease renewal, service charges, disrepair and anti-social behaviour proceedings.

He has represented an array of large property owning bodies including a major rail infrastructure company, the Environment Agency, Transport for London and the MOD. He also acts for householders, farmers and tenants. He has particular expertise dealing with rights of way, freehold covenants, conveyancing mistakes, land drainage, statutory nuisance, flood defence, service charges and other property and environmental law matters. He also acts for cohabitees in TLATA cases. He has appeared before the LR Adjudicator, LVT, RAC and the RPT (now combined in the new Property Chamber of the FTT).

He has advised several local authorities in respect of their housing policies, regeneration projects, public procurement exercises, bids for central government grants and FOI/DPA procedures. He has detailed knowledge of the Housing Act 2004, including the tenancy deposit scheme, housing standards and houses in multiple occupation.

He has acted for and advised the Residential Property Tribunal Service and the London Development Agency relating to compulsory purchase issues arising out of the London Olympics 2012.

Public Sector

Adam has been appointed Junior Counsel to the Crown (since 2004, and to A Panel since 2014) and in that capacity he has advised and represented most Government Departments, agencies and related bodies, (including the Registrar of the Supreme Court and members of the senior judiciary.) His work for central and local government and other public and third sector bodies spans all of other areas of expertise.

He has substantial public law experience, before the Administrative Court and the First and Upper Tier Tribunals.

His extensive experience includes acting for the Environment Agency, the Home and Foreign Secretaries in respect of national security and counter-terrorism matters, public inquiries (including appearing at the Shipman Inquiry), NOMS/HM Prison Service, UK Border Force/ Agency, and matters relating to local transport (e.g. North East Combined Authority Quality Contract Scheme).

He has acted extensively for the MOD, in civil personal injury claims, judicial reviews, war pensions/AFCS tribunals (including the leading case of JM v Secretary of State) and in the Court of Appeal/Supreme Court. He has spent many years representing the MOD in both the civil claims and the war pensions’ appeals arising out of the Nuclear Tests in the 1950s.

His regulatory and public law appeal experience before the FTT, UT and Court of Appeal is extensive.  He has appeared in most Chambers of the FTT, including the GRC as well as the AAC of the UT.  He has been successful in several JRs before both the Admin Court and the Court of Appeal and currently has JR appeals (both raising complex issues of EU Law) pending in the Court of Appeal and the Supreme Court, where he represents the HSE and the FSA respectively.

He has public procurement expertise and has acted both for companies challenging awards and public bodies defending them. He has advised many local authorities on a wide range of issues relating to their powers, procedures and policies.

He has particular FOIA and DPA expertise, dealing with the Information Commissioner and has conducted several FOIA appeals before the First-tier Tribunal.

He has Traffic Commissioner experience and has appeared before the Upper Tribunal (Transport) on appeals from the Commissioners.

Representative cases

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  • Catch 22 Bus Ltd [2017] UKUT 470 (AAC)

    The Upper Tribunal has dismissed the appeal of a Public Service Vehicle Operator which had its licence revoked by a Deputy Traffic Commissioner following its Director being alleged to have harassed the Senior Traffic Commissioner.  Adam Heppinstall was led by First Treasury Counsel, James Eadie QC.  The case is a leading authority on the what matters can be taken into account when deciding whether an operator or director of an operator is of good repute.  The Upper Tribunal decided that a Traffic Commissioner must have regard to “all the relevant evidence” and that this may include evidence of conduct which is not unlawful.

  • R (on the application of Chiltern Farm Chemicals Ltd) v Health and Safety Executive [2017] EWHC 2491 (Admin).

    Adam Heppinstall and Jonathan Lewis successfully represented the Health and Safety Executive (the HSE) in a judicial review challenge to a decision that the HSE was entitled to take into account proprietary research data belonging to one manufacturer (constituting testing of veterbrates) in deciding whether any applicant manufacturers of slug pellets should have regulatory authorisation.

  • R (on the application of Association of Independent Meat Suppliers & Another) v Food Standards Agency [2017] EWCA 431 (Jackson, Rafferty and Kitchen LJJ)

    Court of Appeal upholding judgment in judicial review heard by Mr Justice Simon relating to whether there ought to be a right of appeal when an Official Veterinarian refuses to apply a health mark to a meat carcase in a slaughterhouse. First instance judgment reported at [2016] 1 CMLR 5 and [2015] PTSR 1383. Led by Professor Sir Alan Dashwood QC. Read more.

  • Secretary of State for Defence v NM [2017] UKUT 223 (AAC)

    Decision of Upper Tribunal in relation to burden and standard of proof under article 40 SPO, War Pensions. Read more.

  • Secretary of State for Work and Pensions v G (VDP) [2017] EWCA Civ 61, [2017] 1 WLR 1956, (2017) 154 BMLR 100 & Times 2.3.17 (Etherton MR, Underhill & Davis LJJ)

    Court of Appeal’s first ever consideration of the operation of the Vaccine Damages Payment Scheme. The claimant sought a payment for Narcolepsy due to the administration of the Pandemrix vaccine and successfully contended for the proposition that the scheme should look to the future when deciding whether the claimant is severely disabled for the purposes of obtaining a statutory award under the scheme. Read more.

  • Akerman v London Borough of Richmond [2017] EWHC 84, [2017] ACD 36, [2017] PTSR 351 (Beatson LJ and Nicol J)

    Divisional Court refusing to set aside District Judge (Magistrates Courts) conviction for parking vessel on bank of River Thames. Human rights challenge to byelaws rejected. Read more.

Inquests

Adam has acted for families, government agencies, companies, doctors and other professionals across a wide range of inquests throughout the country. He has particular experience of article 2 jury inquests concerning health and safety issues, prisons and other detained persons. He has long acted for medical professionals facing criticism, as well as potential claimants in clinical negligence actions. He has expertise dealing with classified, confidential or otherwise sensitive issues and evidence before Coroners’ Courts.

Regulatory & Disciplinary Law

Adam has long experience working in the healthcare sector in which the Legal 500 describes him as being “particularly accomplished” and for which he is also recommended by Chambers and Partners. He cut his teeth in this area as junior to Roger Henderson QC representing the GMC before The Shipman Inquiry and was later led by Robert Seabrook QC at first instance and Roger Henderson QC on appeal in the case of General Medical Council v Professor Sir Roy Meadow.

He has represented a range of health professionals before Coroners and internal inquiries / investigations as well as their professional regulators and bodies. He has also acted for osteopaths and those in the diverse psychotherapy profession.

Outside of healthcare he acts for surveyors (RICS), accountants (ICAEW and ACCA), solicitors (SDT) and vets (RCVS) before their professional bodies.

He has regulatory experience, having appeared in most Chambers of the First-tier Tribunal and Upper Tribunal on a wide spectrum of matters from credit licensing, vaccine damage, war pensions to transport matters. He also acts for the Food Standards Agency in meat hygiene cases. He currently has commercial/regulatory JR appeals pending in the Court of Appeal and the Supreme Court, where he represents the HSE (marketing of slug pellets) and the FSA (food hygiene) respectively.

Representative cases

grid list
  • Catch 22 Bus Ltd [2017] UKUT 470 (AAC)

    The Upper Tribunal has dismissed the appeal of a Public Service Vehicle Operator which had its licence revoked by a Deputy Traffic Commissioner following its Director being alleged to have harassed the Senior Traffic Commissioner.  Adam Heppinstall was led by First Treasury Counsel, James Eadie QC.  The case is a leading authority on the what matters can be taken into account when deciding whether an operator or director of an operator is of good repute.  The Upper Tribunal decided that a Traffic Commissioner must have regard to “all the relevant evidence” and that this may include evidence of conduct which is not unlawful.

  • R (on the application of Chiltern Farm Chemicals Ltd) v Health and Safety Executive [2017] EWHC 2491 (Admin).

    Adam Heppinstall and Jonathan Lewis successfully represented the Health and Safety Executive (the HSE) in a judicial review challenge to a decision that the HSE was entitled to take into account proprietary research data belonging to one manufacturer (constituting testing of veterbrates) in deciding whether any applicant manufacturers of slug pellets should have regulatory authorisation.

  • R (on the application of Association of Independent Meat Suppliers & Another) v Food Standards Agency [2017] EWCA 431 (Jackson, Rafferty and Kitchen LJJ)

    Court of Appeal upholding judgment in judicial review heard by Mr Justice Simon relating to whether there ought to be a right of appeal when an Official Veterinarian refuses to apply a health mark to a meat carcase in a slaughterhouse.  See alerter here. First instance judgment reported at [2016] 1 CMLR 5 and [2015] PTSR 1383.  Led by Professor Sir Alan Dashwood QC. Read more.

  • Reynolds v Secretary of State for Transport [2016] UKUT 159

    Important decision in relation to jurisdiction and powers of Traffic Commissioners. Read more.

  • Professor Sir Roy Meadow -v- General Medical Council - [2007] QB 462 Court of Appeal

    Disciplinary proceedings arising out of expert evidence in the murder trial of Sally Clark. Junior Counsel to the GMC (at first instance, in the High Court and the Court of Appeal). Read more.

  • The Shipman Inquiry (2003)

    Junior Counsel to the General Medical Council. Read more.

Employment

Adam has long-standing experience of employment law. He appeared for the local authority in Prater v Cornwall County Council and for the Secretary of State in Pressure Coolers v Secretary of State. He has experience of claims in the public sector, including education, prisons, police and MOD Service Complaints claims. TUPE, employment status, minimum wage are niche areas of expertise as well as discrimination, redundancy and unfair dismissal. He has expertise in insolvent employment situations, including guaranteed State payments and pre-pack administrations. He also deals with restrictive covenants, protection of copyright, pension appeals and other employment related issues. He has represented several financial institutions, especially in cases concerning the interaction between FSA regulation and employment law. He has advised the Department for Transport in respect of pay policy across the rail and light rail industry. He is the co-author of “Manual of Employment Appeals” Jordans, 2008.

Representative cases

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  • Iles v Lord Chancellor [2015] EWHC 1415 (Admin) (Lang J)

    Successfully resisting appeal, on behalf of the Lord Chancellor, from an Employment Tribunal decision to refuse to permit a former Justices’ Clerk to receive payment of both his redundancy type compensation under a “Crombie compensation scheme” as well as his retirement benefits. Read more.

  • Hemming v British Waterways UKEAT/0102/13/GE EAT

    Appeal relating to when ET should adjourn due to absence of claimant. Read more.

  • Pressure Coolers v Secretary of State [2012] ICR 51 - EAT

    Whether TUPE transferee liable for unfair dismissal compensation. Read more.

  • Prater v Cornwall County Council - [2006] ICR 731 Court of Appeal

    Employment status of casual teaching staff. Instructed by the County Council. Read more.

 

Instructing Adam Heppinstall

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Appointments
  • Deputy Chair, Greenwich Housing Society
  • Junior Counsel to the Crown (2004) (A Panel since 2014)
  • Judicial Assistant to the Court of Appeal, Michaelmas Term (2000)
Publications
  • Co-author of “Manual of Employment Appeals” Jordans, 2008.
  • Contributor to volume 37 of Halsbury’s Laws (Practice and Procedure) and author of various articles in Medical Law Review, Landlord & Tenant Review, The Conveyancer, New Law Journal, Solicitors Journal and The European Advocate.
Memberships
  • Member, ALBA
  • Member, COMBAR
  • Member, LCLCBA
  • Member, Association of Regulatory and Disciplinary Lawyers
  • Member, ELBA
  • Member, Employment Lawyers Association
  • Member, PBA
  • Member, UK Constitutional Law Association
  • Associate Fellow, Society of Advanced Legal Studies
  • Member, Medico-Legal Society
  • Senior Associate, Royal Society of Medicine
  • Associate, Faculty of Forensic & Legal Medicine, Royal College of Physicians of London
  • Associate, Chartered Institute of Personnel and Development
  • Member, The Chartered Institute of Arbitrators (MCIArb)
Education
  • First Class Law Degree, MA, Balliol College, University of Oxford
  • Middle Temple Astbury Scholar
Regulatory Information

All members of Chambers are registered with the Bar Standards Board of England and Wales. For our standard contractual terms click here.

Bar Council Number: 40177

VAT Registration Number: 756850986

Legal Status: Barrister

Professional Insurance: All members of Chambers have professional liability insurance provided by the Bar Mutual Indemnity Fund Ltd. Territorial coverage is world-wide and subject to the term of the Bar Mutual. Click here for details.

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