2013 Annual Review

At the Turning of the Tide...

From the Eye of the StormOur 2013 Annual Review is testimony to the huge efforts made by the volunteer barristers and staff of the Bar Pro Bono Unit. With the help of more than 100 expert reviewers, our remarkable staff team of 10, supported by interns, deploy barristers from a pool that now exceeds 3300 in number.

That team effort comes in the context of immense changes in the legal world. The Unit and the profession have faced a storm of pressures. So too has the advice sector, a crucial point of referral access to the Unit. In 2013 applications to the Unit were 50% higher than a year before.

In the middle of this storm the Unit has sought to remain focussed. The Bar, through the Unit, has striven to work diligently to maximise its pro bono contribution, in service of the public interest. Only so much can be achieved however; it is clearer than ever that pro bono work can only play its part. It can be an adjunct to, but never a substitute for, a proper publicly-funded system of legal aid.

The Unit remains proud that the overhead costs of the charity’s contribution to society are met by the profession and those close to the profession. Particular thanks must go to the Bar Council, the Inns of Court, the Employment Lawyers Association, a number of leading sets, and the large numbers of individual barristers who have supported us through the innovative ‘£30 Initiative’.

We thank our staff, old and new, who have worked with real dedication, resilience and energy. We thank the clerks at the Bar, who play such a vital role. We thank our neighbours in the National Pro Bono Centre, which is proving a considerable success. Sincere appreciation is offered to the many referrers who worked with us to get the help the Bar can provide to where it is most needed. Alongside the advice sector and the profession itself, these referrers include judges, and they include MPs who in 2013 referred one in five of our applicants.

The storm is not over, but from its eye we see many positive achievements. These speak of the determination of the profession, and its Unit, not to leave people in need of legal assistance without that assistance. We believe we have a record and a reputation in which we can take pride. We encourage those who can help and who are not doing so yet to come forward and join us.

CreditsFront cover: Snow Storm - Steam-Boat off a Harbour’s Mouth, exhibited 1842, Joseph Mallord William Turner (1775-1851) ©Tate, London 2014Design: Andy Cooke

The Bar Pro Bono Unit is a registered charity number, 1057620 and a company limited by guarantee, registered in England number 3237309. Bar in the Community is a registered charity number 1089907 and a company limited by guarantee, registered in England number 4211688.

Wherever we go, no matter what the weather, we always bring our own case of sunshine…

Unit Counsel assisted the applicant in the Court of Appeal in respect of an application to have a General Civil Restraint Order set aside. The Court of Appeal held the decision of the lower court was procedurally unjust. Unit Counsel also obtained a pro bono costs order.

Priya Solanki represented our applicant in an immigration case which was successful and they met the criteria for leave to remain.

Unit Counsel provided advice in conference and represented the applicant for a five-day hearing in an unfair dismissal case. The applicant was extremely happy with the outcome settlement of a higher sum than that initially offered.

Unit Counsel provided assistance in successfully avoiding a hefty costs order.

Sacha Ackland obtained £31,000 for a Unit applicant in a personal injury case.

Unit Counsel assisted in the High Court arguing that an appeal for trademark opposition be dismissed; pro bono costs were ordered to the sum of £1,500.

Unit Counsel successfully defended a possession claim which was dismissed on procedural grounds and resulted in a pro bono costs order of £1,000.

Counsel attended an appeal representing the victim of a supermarket attack as they wanted to sue the supermarket for liability of employee’s actions.

Daisy Hughes and Janice Brennan provided advice and representation in a complex family case which had a fantastic result with the court ruling in the applicant’s favour.

Robin Knowles CBE QCChair

Rebecca WilkieChief Executive

Nick GallagherInterim Chief Executive

Unit Process Every Cloud has a Silver Lining

Shyam Popat (Shazam)CaseworkerSilver Lining: Placing that case that can never be placed, and eating a chocolate sponge with chocolate sauce for dessert.

Kuki Taylor (Kukster)Fundraising and Communications ManagerSilver Lining: Understanding we’re making a genuine and positive difference to individuals’ lives. Plus, undoubtedly the Unit Family – staff, interns, trustees and panel members.

Sam Burrett (Samuel Whiskers)CaseworkerSilver Lining: Richard’s awful jokes and the Wall of Happiness

Nick Gallagher (Sven)Interim Chief ExecutiveSilver Lining: Assisting people who really need help and a walk through the centre of London.

Rachel Feilden (Rach)Bar in the Community ManagerSilver Lining: Fantastic colleagues.

Alana Crayden (Baggio)Administrative AssistantSilver Lining: Positive motivation and the loyalty to one another and our work.

Rebecca Wilkie (Barney)Chief ExecutiveSilver Lining: The funds raised from the first year of the £30 Initiative which enabled us to update all our IT and recruit an administrative assistant.

Rebecca Heald (Rebecca)CaseworkerSilver Lining: Knowing the work the Unit does is essential.

Richard Booth (Smooth)CaseworkerSilver Lining: Reading (the activity, not the city) and Court of Appeal cases.

Joanne Kane (Daisy)CaseworkerSilver Lining: Seeing the generosity of the Bar every day. Also flowers and chocolates.

We match-make members of the public, who need help but are unable to obtain legal aid and cannot afford to pay, with barristers who are willing to donate their time and expertise in deserving cases. The Unit ensures that in each case, the barrister providing assistance is of the same level of expertise and experience as would be expected in a paying case.

Every application is subject to the same rigorous procedure of checking, reviewing, communicating with the applicant, allocating to a barrister where appropriate and closing down once the work is complete.

Applicant approaches Unit via a referrer

Application logged & papers checked

Missing info or improper referral

Back to Applicant to seek necessary information

Application considered ready for review – sent to reviewing barrister

Pool of reviewers

Application rejected on review. Applicant given reasons

Application accepted on review. Applicant informed

Sea of Volunteers

Unit searches for a volunteer barrister to complete work

Volunteer barrister comes

forward and is sent the papers

Volunteer considers the

papers

Volunteer cannot assist and returns papers. Unit resumes search

Volunteer can assist. Applicant told

Work carried out by volunteer barrister

Applicant requires further assistance

File sent back to reviewing barrister to consider further work

The Shipping ForecastIn 2013 the Unit visited Citizens Advice Bureaux, law centres, MPs’ constituency offices, and advice agencies across England and Wales in preparation for the reforms to legal aid. The Unit asked these referral agency colleagues about their experiences since the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

Rebecca Scott, Senior Solicitor and Legal Advice Manager at the Royal Courts of Justice CAB

“We have had an influx of clients who would formerly have been eligible for legal aid (particularly in the area of family law). We would describe this influx as a crisis level. Our family appointments for the following week are usually gone within an hour or two of our telephone booking line opening on Monday morning and there are many clients in family cases we sadly have to turn away due to demand with no other free frontline agency to refer to. Clients that might have had legal help earlier under legal aid and have their problems resolved at an early stage are now coming to us with problems that have become complex and protracted and in a more distressed state. At the same time we have experienced funding cuts and have had to reduce the staff team which means fewer staff see more clients with all the tensions and problems this brings for clients and for staff.

We refer a large amount of cases to the Unit every year. The Unit service completes our service as it provides the substantive advice and representation whereas we provide the procedural advice. This mirrors the private practice working relationship between solicitor and client. This enables an almost complete range of service to be provided free of charge to the client. The staff team are very friendly and approachable.

We would be extremely curtailed in what we could do if the Unit did not exist. The Unit barristers are extremely

skilled and specialists in their areas of law. To obtain this advice free of charge is a massive help to clients who cannot afford to get this advice elsewhere.”

Gemma Smith, Manager, and Greg Bramwell, Deputy Team Leader, Child Law Advice Line, Coram Children’s Legal Centre

“Firstly, our Child Law Advice and our Migrant Children’s Project Advice Line have both seen a marked increase in calls from members of the public who would previously have been able to access legal aid to fund legal advice and assistance. The areas of law which are particularly affected in respect of our services are child and family law where under LASPO generally parents who require advice about child arrangements (contact and residence) are no longer able to access legal aid. Secondly, generally immigration matters are now out of scope so we have seen an increase in calls from people who are trying to access legal advice on behalf of young people who are in the UK but have not regularised their immigration status.

We have had a caller who was extremely unwell and your organisation was able to help us support him in getting his information together for a short notice hearing, and provide the support he desperately required. The service that I work on (Child Law Advice Line) is unable to provide representation. We get callers from all over England who are looking for support and have complex cases who are not entitled to funding or cannot pay privately, and therefore we cannot refer in-house. The BPBU provides an invaluable service to these callers who would otherwise be left to fend for themselves in unknown legal environments. We are therefore able to offer the potential services of the BPBU to our callers so that the legal challenges they face could be drastically reduced.”

Nick Whittingham, Chief Executive, Kirklees Law Centre“We no longer do any immigration work. We have experienced a reduction in capacity/resource for discrimination, employment and welfare benefits work and increased contracts for asylum work.

Generally, we can assist clients with advice and can represent where the resource required is not too great. However, we would struggle to represent clients in complex cases which might run over several days because we cannot spare the resource.”

I used to get those e-mails from the Bar Pro Bono Unit and scoff. What barrister in their right mind would spend 3 days in court and get paid nothing? What clerk in their right mind would want their barristers doing it? Then came the LASPO cuts. The chambers I clerk is a specialist family law set and we saw the devastating effects of the cuts up close.

This changed my perception of the idea of pro bono work. When LASPO came in there were people who overnight were no longer eligible for legal aid. People with genuine complex legal problems, mostly involving children, were expected to go to court and argue their own case. This would often mean having to face an abusive former partner in court who may well have been able to afford representation. This struck a chord with me and with my barristers and we have been actively promoting the work the Unit does both within chambers and externally.

Family referrals to the Unit have soared in recent years and there is no chance of this trend changing in the short or medium term. It is vital that all barristers do whatever they can to assist the Unit in helping some of the most vulnerable people in our society. The words of the Bar are”do right,

fear no one”. To sign up to the Bar Pro Bono Unit is most definitely to do right.

Scott Baldwin Senior Clerk St Mary’s Chambers

Steering the Ship Life PreserversEvery application we receive is reviewed by a senior barrister in order to decidewhether it is appropriate for the Unit to try to find help.

The reviewers’ input acts as a crucial filter to ensure that finite volunteer resources are allocated fairly and effectively. They donate their time tirelessly to ensure the Unit provides access to the Bar for those most in need.

We asked our reviewers why they support the Unit.

Here are a few of the responses:

“I believe in pro bono”.

“I wanted to support an organisation that does crucial work”.

Chambers have been aware of the Unit since it was first set up. Publicity through the Unit, its staff, and the Bar Council, has helped reinforce that. All barristers want to be able to help those who have no resources to pay for legal assistance. Now that legal aid is even more restricted the need for the Unit is even more necessary.

Chambers benefits from being involved with the Unit by dealing with some interesting cases which provide useful experience.

But if Government funding continues to be reduced barristers will be put under great pressure making the Bar Pro Bono Unit work more difficult.

The Unit is vital to the provision of legal services to the Bar and the public at large and should be supported.

Janet Jackson Senior Clerk New Park Court Chambers

The enthusiasm and hard work of the caseworkers never ceases to amaze me. In incredibly difficult times with the savage cut backs to our legal aid system they continue to represent everything good about the Bar Pro Bono Unit by working all hours to try their very best to enable people not able to afford representation to have a chance for justice sadly denied them by the State. They are the behind the scenes heroes that we must not forget and I am pleased to be able to acknowledge their hard work and dedication.

Chris Broom Senior Clerk, Gray’s Inn Tax Chambers

“I was struck by the deserving need of so many of the applicants”.

“It is a way to contribute to an area of real social need”.

Gavin Smith1 Hare Court

Ben CollinsOld Square Chambers

Claire ReffinOne Essex Court

Paul Keleher QC25 Bedford Row

Paul Infield36 Bedford Row

Patricia Hitchcock QCCloisters

Brie Stevens Hoare QCHardwicke

Francis WilkinsonField Court Chambers

Jonathan Karas QCFalcon Chambers Rebecca Richardson

Hardwicke

Victoria WakefieldBrick Court Chambers

Specialist35%

Generalist25%Cha

ncer

y 5%

Employment18%

Family17%

Scott BaldwinSt Mary’s Family Law Chambers

Singing in the Rain - Celebrating our SupportersCore Funding

The General Council of the Bar

The Honourable Society of Gray’s Inn

The Honourable Society of the Inner Temple

The Honourable Society of Lincoln’s Inn

The Honourable Society of the Middle Temple

Financial support

Chambers11KBW

12 King’s Bench Walk

3 Dr Johnson’s Buildings

4 Stone Buildings

42 Bedford Row

5RB

6 KBW College Hill (Chambers of David Fisher QC and David Perry QC)

Blackstone Chambers

Brick Court Chambers

Carmelite Chambers

Cloisters

Coram Chambers

Devereux

Fountain Court Chambers

Hardwicke

Keating Chambers

One Crown Office Row

One Essex Court (Chambers of Lord A S Grabiner QC)

Queen Elizabeth Building

Renaissance Chambers

South Square

Specialist Bar Associations

Chancery Bar Association

Employment Lawyers Association

Other organisations

The Access to Justice Foundation

Smith & Williamson

Former caseworkers

Tom Copeland

Hannah Stratton

Rhiannon Wilcock

Management Committee Members

Robin Knowles CBE, QC (Chairman)

Christine Kings (Treasurer)

Philip Brook Smith QC

Chris Broom

Ann Buxton

William Edis QC

Nick Hanning

Andrew Hillier QC

Rebecca Hilsenrath

Paul Newdick CBE, QC

Jane Rayson

Diane Sechi

Sharif Shivji

Michael Todd QC

Antony Zacaroli QC

In Kind Support

Anderson McKenzie Consulting Ltd for pro bono IT support

DX Network Services Ltdfor DX services

Hogan Lovellsfor provision of meeting room facilities

Not Just Stationeryfor printing services

Outer Temple Chambersfor finance training

Place Campbell Chartered Accountantsfor payroll and accountancy services

ThinkingWellfor staff training session

Weil, Gotshal & Mangesfor seconded staff

Weil, Gotshal, & Manges seconded volunteers

Kirsty Burrows

Ramen Costa

Clementine Dowley

Chris Evans

Matt Feehily

Nathalie West

Interns

Adele Akers

Victoria Dawber

Sarah Day

Amrit Dhanoa

Sophie Eastwood

Paul Froud

Victoria Gaisford

Elizabeth Garcia

Pauline Giroux

Alexandra Hearne

Rachel Hutchings

Anna Ilopoulou

Anushka Kangesu

Joss Knight

Michael Kokkinoftas

Matthew Maddison

Jacenta Mubiru

Chisanga Mwila

Vondez Phipps

Alexandra Pountney

James Krumrey Quinn

Alice Scott

Shruti Sharma

Annell Smith

Paige Tompkins

Alexander Whatley

Evan Whittal-Williams

Staying Afloat

Events

Individuals

Chambers

£30 Initiative

Employment Lawyers Association

Inns of Court

Bar Council

14%

11%

13%

17%

6%

19%

20%

Income

Thanks to the generous donations of individual barristers following the launch of the ‘£30 Initiative’ the Unit was able to recruit Alana Crayden, who joined us in October 2013 as an apprentice whilst studying for the CILEx level 3 Legal Apprenticeship. Alana is passionate about pursuing a career in

the legal world. She is also a motivated athlete, currently a European and national champion rower. She also plays hockey for Kent Ladies.

How did you find out about the apprenticeship scheme and the Unit?

I was researching legal apprenticeships and wanted to work in London. I came across a learning opportunity through BPP with work experience at the Unit. They wanted someone who was confident, energetic and with a bubbly character. I thought I fitted that description and the work fitted what I was interested in. Also it was in the pro bono legal field and I was interested to see how that worked.

Again in 2013, the Bar helped keep us afloat. This meant that we were able to maintain our independence by not asking for public funding.

We were delighted to have the ongoing support of the Bar Council, Inns of Court, chambers and our regular individual donors.

Excitingly, we also had a new lifeline in the form of the ‘£30 Initiative’. This additional funding allowed us to maintain an extra caseworker which has been vital as demand for assistance has mushroomed. We were also able to recruit an administrative assistant (see more on facing page).

What do you do at the Unit?

It’s been incredible. I work on the fundraising and admin sides of things. I also support caseworkers, which has really developed my skills. I’ve also been able to work on managing fundraising events such as the Law School Challenge. I go out to events to publicise what the Unit does and how it works. I’ve also done loads of research for the team. I’ve written copy for brochures and have completed a lot of data analysis and inputting. For work experience outside the Unit I’ve spent time with the clerking teams in two sets and have had exposure to loads of areas of law and the different legal professions.

Did you expect that this is the kind of thing you would be doing?

I came in with an open mind not being absolutely sure what to expect in my first job. I did expect to be challenged and the Unit has been really flexible in how it’s made use of my time and developed my skills. It’s worked well all-round.

How does what you are doing have an impact on the lives of people most in need of legal assistance?

I take some of the admin load off caseworkers which helps them focus more on dealing effectively with the increasing numbers of applications that the Unit is receiving. Of course money is important in keeping the Unit going and I’ve been involved in the fundraising side of things a lot. I’ve also been involved in awareness-raising for the Unit. All of this means that more people in need of help can access the Unit.

Where do you want your career to go from here?

I either want to get into clerking in chambers or carry on in legal administration, perhaps in a legal charity, whilst I build up my qualifications so that I can become a paralegal.

Unit Fundraising 2013 Friends in Law, in partnership with the Free •Representation Unit£30 Initiative• Law School Challenge, in partnership with LawWorks• QC Appeal, in partnership with the Free Representation •Unit London Legal Walk, in partnership with the Free •Representation Unit and London Legal Support TrustBar Conference raffle•Private Dinner at the National Café •Royal Courts of Justice Christmas stall•

Spotlight on Fundraising: All the Fun of the Fair

On Thursday 28th November 2013, the Unit hosted its first independent fundraising event, a private dinner at the National Café located in the magnificent National Gallery.

Sponsored by Smith & Williamson, the sold-out evening featured a three-course dinner by Head Chef Ryan Perratt, vintage funfair and retro sweets from Candy Circus, and many more surprising treats for our guests from the senior legal sector, plus actor Neil Stuke from BBC legal drama Silk. Shereener Browne (Garden Court) won the Golf Cup whilst Paul Horsfield (Hardwicke) and Richard Snowden QC (Erskine Chambers) were joint winners of the Darts Cup.

Proceeds from the private dinner went towards sustaining our five caseworker posts. In light of the challenges we face it is more important than ever that we continue to maintain our current level of staffing to adapt to the change as best we can.

Thank you to all who helped make the event a great success.

Neil Stuke with Bar Pro Bono Unit bear.

Volunteers.

Chris Broom, Neil Stuke and Sean Broom.

The cases came in, 2 by 2... Get on board!

Chancery Bar Litigant In Person Support Scheme •(CLIPS)Court of Appeal Scheme• Employment Appeal Representation Service Scheme •(EARS) Employment Appeal Tribunal Scheme •(EAT Scheme) Employment Lawyers Appeals Advice Scheme •(ELAAS) Employment Lawyers’ Association 100 Days Project •(ELA)Inns’ Disciplinary Scheme•Joint CILEX Bar Scheme (JIB)• Personal Insolvency Litigation Advice & •Representation Scheme (PILARS) QBD (Court 37) interim hearing duty advocacy •scheme Central Family Court interim hearing duty advocacy •scheme

It has been a year of wide-ranging and deeply felt change for all involved in the legal arena. The introduction of LASPO in April 2013 drastically altered the legal aid landscape, eroding overnight significant areas of public funding. The results are yet to be truly felt or understood, but already frontline agencies have been forced to shut down whilst chambers, previously reliant on publicly-funded work, have had to expand into new areas of practice or likewise face closure.

As the Bar’s charity, the Unit has seen these dramatic effects first hand, most clearly in the significant rise in the number of people resorting to our service, especially in areas of law such as family and welfare benefits. As a result, the Unit’s resources have been increasingly stretched. However, it is testament to the good will and endless endeavour of our supporters that we have been able to assist the numbers we have.

But we can always help more. The number of people who make it as far as the Unit is a drop in the ocean compared to the number of those who are in desperate need of legal assistance; and even those we do try to assist are sometimes left disappointed when we fail to find a volunteer.

Sarah Hannett, Matrix Chambers Bar Pro Bono Award Winner 2013

“I was thrilled and honoured to be awarded the 2013 Award! It has undoubtedly boosted the profile of the Matrix/City University School Exclusions Project.

The last six months have been a really exciting time for the Project. We have received external funding to allow us to pay for student representatives, to take cases outside of London and to improve our website. We also represented the parents of a child excluded from school in a case that made the national press and issued our first appeal against a disability discrimination decision in the Upper Tribunal.

The success of the Project, relying as it does on the talent and dedication of both the existing and future Bar, offers some optimism about the future of pro bono at the Bar. The Project does not and cannot replace the legal aid that was withdrawn from appeals against school exclusions. It does, however, go a modest way towards mitigating the hardships that the lack of public funding would otherwise cause.”

You could also get involved through Bar in the Community

Bar in the Community (BiC) is a project run by the Unit to encourage and facilitate voluntary opportunities for barristers, clerks, and chambers personnel other than the provision of pro bono legal advice, including not-for-profit organisation trusteeships, providing legal speakers, training, and literature reviewers where necessary.

BiC’s Mentoring Scheme for front line agencies

Over the two-year period of their partnership Emma Dixon (Blackstone Chambers) helped Emma Cotton (a front line social welfare law advice worker) navigate the Equality Act 2010, gave a training session to her advice team on disability discrimination law, and offered support and advice with regards to advocacy and tribunal preparation. Emma Cotton has now represented 25 clients at social security tribunals and has won 24 of these cases, and is now a tax and welfare rights adviser at Equity.

“Emma was a true inspiration when I needed it most. Her assistance to me has benefitted a large number of vulnerable people who needed advice. I do not think any of this would have been possible had it not been for Emma and the Developing Discrimination Advice Mentoring Scheme.”Emma Cotton, Mentee

“The experience has enriched my life; has led me to explore new areas of law; and has given me a chance to exercise different skills from those I use in my day-to-day practice. To those members of the legal profession considering doing something similar I would say: go for it! A little bit of your time can go a very, very long way.”Emma Dixon, Mentor

We couldn’t offer these services without the incredible willingness of the Bar to respond to requests for assistance, so on behalf of BiC and the many charities we support, thank you!

Over the last year the Unit has seen asignificant increase in the number of new cases it receives month on month. In 2012, we received a total of 1282 fresh applications for assistance over the course of the year. In 2013, we received 1673. The Unit has continued to sign up volunteer barristers to meet the new levels of demand. Our panel of volunteers, who are registered to undertake pro bono work through the Unit, grew to over 3300 barristers, including around 500 Queen’s Counsel.

We can only ever be an adjunct to a publicly-funded legal aid system.

That disappointment could be more easily avoided if the Unit was able to rely on an even larger pool of volunteers than the 3,300 or so who already assist us.

If ever there were a time to give up a little of your time to help those most in need, it is now. So step forward, get on board, and help us meet the challenge head-on!

Ways to get involved

Top Five Areas of Lawfor Applications in 2013

1. Family

2. Employment

3. Property

4. Contract

5. Immigration

We understand the issues of a changing worldWorking closely with barristers and chambers, we understand the particular factors affecting your personal and professional financial position. Our expertise in investment management and financial services, as well as tax, accounting and business services, means we are ideally placed to advise barristers and sets of chambers.

Smith & Williamson is proud to sponsor the

Offices: London, Belfast, Birmingham, Bristol, Dublin, Glasgow, Guildford, Jersey, Manchester, Salisbury, Southampton and Worcester.Smith & Williamson LLP Regulated by the Institute of Chartered Accountants in England and Wales for a range of investment business activities. A member of Nexia International.Smith & Williamson Investment Management LLP Authorised and regulated by the Financial Conduct Authority.Smith & Williamson Financial Services Limited Authorised and regulated by the Financial Conduct Authority.The Financial Conduct Authority does not regulate all the services referred to above.

The value of investments and the income derived from them may fall as well as rise. Investors may not get

back their original investment.

Bar Pro Bono Unit

A clear view

For further information:Nick Richards | nick.richards@smith.williamson.co.uk

www.smith.williamson.co.uk/barristers-and-chambers