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New Family Arbitration Service

clerks@30parkplace.co.uk (Editor) — Mon, 30 Apr 2012 00:00:00 GMT

Rhys Taylor launches www.familyarbitrator.com in conjunction with 2 members at 1 Hare Court. The site has lots of resources to assist practitioners to get to grips with the new IFLA Family Arbitration Scheme.

Thirty Park Place welcomes seven new tenants

clerks@30parkplace.co.uk (Editor) — Mon, 23 Apr 2012 00:00:00 GMT

We are delighted to announce that from 23rd April the following have joined chambers:

Mr. Meirion Davies (1975)
Mr. Stephen Jeary (1987)
Mr. Stephen Thomas (1993) All formerly of Temple Chambers.
Miss. Juliet Gibbon (1994)
Mr Colin Douglas (1998)
Miss. Claire Pickthall (1999)
Miss Lowri Wynn Morgan (2010) Formerly of Angel Chambers.

Joe Al-Khayat settles ongoing dispute through mediation

clerks@30parkplace.co.uk (Editor) — Thu, 29 Mar 2012 00:00:00 GMT

Joe Al-Khayat has successfully mediated an inheritance act dispute which had been ongoing for over 2 years. The dispute estimated to be worth around £20,000 was due to be set down for trial next year. Joe Al-Khayat commented, “it was a challenging but very rewarding day for all concerned. I am sure the settlement will come as a relief to both parties who will now be able to put this long standing litigation behind them”.

Under 5's Club Launches!

clerks@30parkplace.co.uk (Editor) — Tue, 20 Mar 2012 00:00:00 GMT

The Under 5's club launch party took place earlier this month at the KuKu club with cocktails, comedians and casinos! The group were delighted with the high attendance and the evening was enjoyed by all.

The objective of the club is to develop closer working links with Solicitors, Trainees and Paralegals of similar experience. Networking opportunities will be provided through a number of functions, ranging from evening receptions to CPD accredited events.

The Under 5's group welcome suggestions for future CPD point topics in order to ensure they are beneficial and interesting for clients.

Please contact Abby for further information abby@30parkplace.co.uk

David Hughes submission to Assembly

clerks@30parkplace.co.uk (Editor) — Mon, 19 Mar 2012 00:00:00 GMT

Replies to Assembly committee's call for evidence on a Welsh Jurisdiction published. Including a response from Thirty Park Place's David Hughes.

Responses can be viewed here

Mark Allen 'The New Rules Regarding Adverse Inferences'.

clerks@30parkplace.co.uk (Editor) — Mon, 12 Mar 2012 00:00:00 GMT

Add your text here

Under 5's club launches this week

clerks@30parkplace.co.uk (Editor) — Mon, 5 Mar 2012 00:00:00 GMT

The ‘Under 5’s Club’ launches this week with a cocktail, comedians and casino party!

The group comprises junior Barristers at Thirty Park Place Chambers who have been in practice for under 5 years. The objective of the club is to develop closer working links with Solicitors, Trainees and Paralegals of similar experience. We will be providing networking opportunities through a number of functions, ranging from evening receptions to CPD accredited events.

Please contact abby@30parkplace.co.uk for more details.

New Silk for Wales' largest chambers

clerks@30parkplace.co.uk (Editor) — Wed, 29 Feb 2012 00:00:00 GMT

Members of Thirty Park Place are delighted to announce the appointment of criminal barrister Michael Mather-Lees as Queen’s Counsel. He is one of 88 successful applicants and the only one appointed in Wales.

Head of Chambers Jonathan Furness QC said, ‘The appointment of Michael Mather-Lees is long overdue and richly deserved. His appointment to Queen's Counsel will strengthen the formidable criminal team at Thirty Park Place. We expect him to make a smooth and successful transition into silk’.

Professor Dame Joan Higgins, Chair of the QC Selection Panel, said ‘I am very pleased at the announcement of the 88 new silks and I send each one of them my warmest congratulations. The quality of applicants was again extremely high’.

He will be sworn in on Friday 30th March at the official ceremony in London before the Lord Chancellor.

Qualified Family Arbitrator Rhys Taylor publishes article for 'Family Law Week'

clerks@30parkplace.co.uk (Editor) — Mon, 27 Feb 2012 00:00:00 GMT

Chambers is delighted to announce that Rhys Taylor has qualified as a family arbitrator pursuant to a new scheme which was launched by the Institute of Family Arbitrators on the 22 February 2012. Rhys will be available to conduct arbitrations concerning Financial Remedies applications, Trusts of Land and Appointment of Trustees Act 1996 applications and Inheritance (Provision for Family and Dependants Act 1975) disputes. Rhys has today published an article on Family Law Week which can be accessed below. This scheme will benefit parties who seek a binding decision without having to issue full blown court proceedings. Thirty Park Place has first rate arbitration facilities and meeting rooms.

'Family Arbitration. A soft launch or hard landing'? Family Law Week 27th February 2012

David Hughes publishes article for Spanish media on Scottish Independence

clerks@30parkplace.co.uk (Editor) — Fri, 24 Feb 2012 00:00:00 GMT

Spanish website "Que aprendemos Hoy" (we learn today) published an article by David Hughes on the subject of Scottish independence. In the article David explains the current debate and the legal issue of who has competence to call a referendum on the question. He also explains to Spanish speakers the structure of the United Kingdom, and also clarifies the appropriate Spanish words to use when discussing British affairs.

Spanish Media Article 'Que Aprendemos Hoy'

Carl Harrison prosecutes in high profile benefit fraud case

clerks@30parkplace.co.uk (Editor) — Mon, 20 Feb 2012 00:00:00 GMT

BBC News Article

Carl Harrison has prosecuted another high profile benefit fraud case which has received large scale national media interest and has been commented upon by DWP Minister for Welfare Reform, Lord Freud. Helen Ryan was jailed for receiving more than £96,000 in benefits whilst having considerable amount of savings, which at their peak reached £184,000. These savings and the bank accounts in which they were held were concealed from the Department for Work and Pensions.

This is the latest in a string of high profile benefit frauds prosecuted by Carl Harrison, such as a Regina v. Steven Paskin, a Football Associate of Wales referee who was in receipt of Disability Living Allowance and was covertly filmed refereeing a football match and Regina v. Jeffrey Cole and Shashi Bacheta, which made the national news and featured on Trevor McDonald’s ITV series “Fiddles, Cheats and Scams”. The defendants claimed various benefits; whilst claiming those benefits they sailed on Cole’s yacht the “Kismet” to the Canary Islands and Shashi Bacheta completed a scuba diving courses in Mombasa whilst in receipt of Disability Living Allowance.

Christian Howells+Rebecca Stickler in Court of Appeal Case

clerks@30parkplace.co.uk (Editor) — Mon, 6 Feb 2012 00:00:00 GMT

UG(Nepal) [2012] EWCA Civ 58

This case concerned two issues. Firstly, UG (Christian Howells led by Richard Drabble QC) successfully appealed the Upper Tribunal determination that a gurkha’s adult dependent daughter who applied seven months after her father had settled in the UK was no longer part of the family unit, solely by reference to the seven month separation, especially when the policy pre-supposed that separation.

Secondly, in all three appeals of UG, NT & RM, YP (Christian Howells and Rebecca Stickler led by Richard Drabble QC) the Court of Appeal concluded that the policy set out in the Diplomatic Service Procedures, Entry Clearance, Vol 1, General Instructions para.29.14 was discretionary and it was not the case that entry clearance would be granted simply upon satisfaction of the first, plus one other, of the factors enumerated in the bullet points in that paragraph.

Lynette White Case

clerks@30parkplace.co.uk (Editor) — Thu, 12 Jan 2012 00:00:00 GMT

The criminal team at Thirty Park Place are recovering from their victory in the Lynette White police corruption trial which collapsed in Swansea in ignominious circumstances last month. Malcolm Bishop QC led Huw Evans and Peter Murphy QC led Marian Lewis; other juniors involved from chambers were Michael Mather-Lees and Tracey Lloyd-Nesling.

At an earlier hearing Lloyd Williams QC, leading Sarah Waters, succeeded in getting his client’s case discontinued. Speaking afterwards Malcolm Bishop QC said ‘The challenge in the case was to deal with the mountain of prejudice which had built up over the years against police officers as a result of allegations of misconduct against the ‘Cardiff Three’. Our aim was to show that there was no such misconduct, that the officers behaved responsibly and diligently. We were able to take apart the prosecution case day by day and week by week and exposed serious disclosure irregularities such that the prosecution had no option but to throw in their hand. The cost of the investigation varies but is estimated by some at around £30million. What a waste of tax payers money! This case is a superb example of what teamwork by all the lawyers over many months of meticulous preparation can achieve’.

New Tenants

clerks@30parkplace.co.uk (Editor) — Wed, 4 Jan 2012 00:00:00 GMT

Thirty Park Place is delighted to announce that Mr Rhys Taylor and Mr Max Davies (both formerly of Temple Chambers) have accepted invitations to join us from Monday 3rd January.

Rhys was called to the Bar in 1996 and undertakes all areas of family work. He is highly regarded for his Family Finance expertise as recognised in the recent publications of Chambers and Partners and the Legal 500. Rhys is also a qualified Collaborative Lawyer.

Max was called in 2005 and has a busy family and civil practice. He has a particular interest in Family Finance as well as Personal Injury and Employment.

Head of Chambers Jonathan Furness QC said “We are delighted that two such experienced and well respected practitioners as Rhys Taylor and Max Davies have chosen to join Chambers. Their presence in Chambers strengthens an already formidable team which is unrivalled in Wales and now numbers twenty eight including five silks. We hope to continue our growth in order to provide the best possible service to our professional and private clients”.

This Christmas we are making a donation to Ty Hafan

clerks@30parkplace.co.uk (Editor) — Thu, 15 Dec 2011 00:00:00 GMT

This Christmas chambers have elected not to send Christmas cards and will instead donate the print costs to children's hospice Ty Hafan.

Thirty Park Place wishes everyone a Merry Christmas and a Happy 2012!

Christian Howells in successful immigration appeal to Court of Appeal

clerks@30parkplace.co.uk (Editor) — Wed, 30 Nov 2011 00:00:00 GMT

Thirty Park Place's Christian Howells has been successful in an immigration appeal to the Court of Appeal

AR (Nepal) [2011] EWCA Civ 1439, 18th of Ocotber 2011, before Rix LJ, Sullivan LJ and Lewison LJ.

This was an appeal from the decision of DIJ A A Wilson sitting in the Upper Tribunal (IAC) that an appellant could not rely upon the decision of AS (Afghanistan) [2009] EWCA CIV 1076 to raise an additional ground in response to a ‘one-stop notice’, where that additional ground relied on circumstances that arose after the date of decision. The particular additional ground relied upon was that the Appellants had accrued 10 years lawful residence for the purpose of paragraph 276B of the Immigration Rules, a couple of months after the date of the decision that was being appealed against. That post-decision evidence was adduced pursuant to s85(4) of the Nationality, Immigration & Asylum Act 2002. DIJ A A Wilson placed reliance, in error, on the decision of EA (Section 85(4) explained) Nigeria [2007] UKAIT 00013 at paragraph 7, for the proposition that the Appellant can only succeed by showing that the original application would be successful at the date of the hearing. That was clearly wrong in light of the Court’s decision in AS (Afghanistan).

The Court ordered that the Appellants were to be granted Indefinite Leave to Remain pursuant to paragraph 276B, unless the Respondent raised a legitimate objection to that grant within 28 days. The reason for this was that it seemed that there was only one rational outcome on the application, and to date, the Respondent had not provided any evidence that any of the exclusions applied. The Respondent did not raise an objection and the Appellants have been granted Indefinite Leave to Remain.

'Court of Protection' Christmas Lectures

clerks@30parkplace.co.uk (Editor) — Tue, 29 Nov 2011 00:00:00 GMT

Thirty are hosting Family Team Christmas Lectures at the Miskin Manor Hotel next month where guests will learn everything they need to know about 'Court of Protection'. Lectures will include a case law update considering all the hot topics, an overview of practice and procedure and a recent case study.

Please contact abby@30parkplace.co.uk for more information.

Employment Law Changes Oct 2011

clerks@30parkplace.co.uk (Editor) — Wed, 5 Oct 2011 00:00:00 GMT

Employment Law: what’s new in October 2011

New rules on Agency Workers

The Agency Worker Regulations 2010 came into force on 1 October 2011. The regulations will give agency workers the entitlement to the same or no less favourable treatment as comparable employees with respect to basic employment and working conditions, if and when they complete a qualifying period of 12 weeks in a particular job.

Default Retirement Age

As from 1 October 2011, there will no longer be a national default retirement age (DRA) of 65 except with regard to certain employees who have already been served with retirement notices on or before 5 April 2011. On 6 April 2011, the transitional provisions under the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 came into force. These Regulations implement the Government’s plan to abolish the DRA as from 1 October 2011 and any associated retirement procedure, including the right to request working beyond retirement.

Increase in the Minimum Wage

An increase in the minimum wage to £6.08 also takes effect from 1 October 2011.

Other important announcements:

On 3 October 2011, the Government confirmed two key employment law changes, with Chancellor George Osborne announcing that the qualifying period for unfair dismissal claims will increase from one year to two and that a fee system will be introduced for employees who bring tribunal claims.

The extension of the qualifying period will come into force on 6 April 2012.

From April 2013, employees must pay £250 to apply for a tribunal, and must pay a further £1,000 if a hearing is granted. The money will be refunded if they are successful, but is forfeited if they lose. The Government has said that "poor claimants" will not have to pay, although there is currently no detail as to how a claimant qualifies as "poor".

The Government maintains that these combined proposals should result in 2,000 fewer tribunals each year. However, it appears unlikely that raising the threshold from one to two years will have its intended effect of reducing the number of employment tribunal claims because employees are increasingly bringing claims linking unfair dismissal with discrimination claims which can be made from day one of employment.

Published article on procurement by Rhodri Williams QC

clerks@30parkplace.co.uk (Editor) — Mon, 8 Aug 2011 00:00:00 GMT

A feature article written by Rhodri on procurement was published in reponse to a letter written to the Western Mail.

'Policy ensures level playing field for suppliers of all sizes' by Rhodri Williams QC.

Chambers Summer Party 2011

clerks@30parkplace.co.uk (Editor) — Mon, 4 Jul 2011 00:00:00 GMT

Media Published Article ‘Smoother than Silk’

clerks@30parkplace.co.uk (Editor) — Mon, 20 Jun 2011 00:00:00 GMT

With all the hype and controversy surrounding the BBC1 series ‘Silk’ 30 Park Place decided to see how it compared to a real life chambers….the following article was published by the Western Mail in April 2011.

Just how true to life is quick and brash legal soap Silk? Barrister David Gordon Hughes from Wales’ largest chambers makes his judgement.

Earlier generations have had Rumpole, Crown Court or Kavanagh QC to given them an idea of life at the Bar.

Countless American series and novels have shown us legal life across the Atlantic. But if the BBC One series Silk inspires anyone to a career at the Bar, how would real-life chambers compare to the on-screen set?

The fictional Shoe Lane Chambers written by Peter Moffat appears to have only four members – Martha Costello and Clive Reader, both hoping to be included in the next round of Queen’s Counsel appointments, Noah, and Kate, who fits her practice around plotting to start a new set of chambers with an ambitious junior clerk.

Naming the set after a case we study in law school gets the writers off to a good start, credibility-wise – but let’s face it, legal fiction is more about fiction than it is about the law.

That’s as true today as it was in the time of Rumpole.

I doubt that there are many chambers with 50% of members from minorities, but in that Shoe Lane Chambers is consistent with my own experience of the Bar, racial or religious background will not hold you back.

And the judges in Silk are far more realistic than the ludicrous John Deed, whom one half expects to emerge with his underpants outside his gown and whose popularity is only explicable by the attraction that Martin Shaw holds for women of a certain age.

Concerns about age always strike a chord with barristers.

So too pupil barrister Nick Slade’s concerns about debt. The training course that barristers must take after their degree (plus a one year conversion for non-law graduates) is very expensive. The Inns of Court give large amounts each year in scholarships, but the numbers wishing to become barristers mean that even that cannot be enough.

To have got as far as pupilage, Nick has done well, for able candidates far outnumber the places available. A pity then that he had to risk it all by nicking his wig and gown at the start of the series.

Pupilage is a stressful time, a bit like a year-long job interview. But we’ve all been through it, so it would take a hard heart to have no sympathy for their position.

At least in my own experience decisions on whether or not to offer them tenancies are not made by playing them off against each other.

They are assessed periodically through their year. We don’t, as Clive Reader did, ask them to cover up things that ought to be disclosed. And if anyone did, there are members of Chambers to whom a pupil could go with their concerns.

My own chambers has 50-something members. Our male silks will forgive me for saying that none of them is as good-looking or slim as Rupert Penry-Jones.

Kavanagh QC, played by the late John Thaw, was far more silk-looking. Rather than plotting secretly in bars, we are managed, un-dramatically, by a management committee, our finances watched over by a treasurer.

Our senior clerk does work hard and knows a lot of solicitors, but tends to stay sober on the job and I’ve never seen him manipulating anyone’s old hockey injury as a technique of persuasion.
When he or his colleagues give us a new case, availability, price and experience in the relevant field weigh far more heavily than whether or not the case might progress us to taking silk.

The process by which Clive and Martha hope to be made QCs changed for the appointments in 2006, and now involves a lengthy application form, an interview and a hefty fee.

TV requires lawyers to be either zealous campaigners for an ideal of “justice” or money-grabbing cynics. In reality, we tend to be neither.

I know no lawyer who is indifferent to justice, but we know that justice is best served by advising and arguing according to our professional judgement, not whether we find our clients or their cases to our taste.

Many of us do work for free. But whether for a paying client or acting pro bono, we guide our clients through the system and attempt to obtain the best outcome we can. An unflattering, but perhaps accurate comparison may be a bit like Captain Bligh in his launch.

So those who think that the Bar looks like an enjoyable career should not be put off by the back-stabbing and politicking that goes on in Silk. There’s plenty of hard work and plenty of drama, but Chambers and the Bar as a whole is a much more straight-dealing place than it can seem on TV.

So give it a go. Just don’t nick your gown on the way.

The last episode of Silk is on BBC One on Tuesday at 9pm. 30 Park Place, Cardiff is the largest chambers in Wales, with 59 barristers, including 10 QCs. David Gordon Hughes’ main areas of personal interest are Actions against the police, Information Law and Intellectual Property.

2011 Annual Lectures

clerks@30parkplace.co.uk (Editor) — Mon, 20 Jun 2011 00:00:00 GMT

“A well structured and informative lecture”,

“Excellent – informative and interesting” ,

“A most enjoyable lecture” ,

Members of Thirty Park Place run a programme of lectures and seminars both in house and at various venues on the areas of work covered. All seminars are of high standard and are complemented with comprehensive brochures. Thirty Park Place can also offer lectures on request covering various topics.

Our most recent evening of lectures took place at City Hall and were delivered by a strong line up of Thirty Park Place Barristers and experts in specialist fields.

The lectures covered a broad spectrum of subjects under the headings of Crime, Family and Child Care, Ancillary Relief, Protecting Civil Liberties and Human Rights, and Employment.