How do we find/choose a barrister?

[villagegreencampaign]

I'm part of a group that is campaigning to save our local woodland that has been used freely for 50+ years but now land has been bought and access cut off.

It had got to public inquiry stage and although we've done everything ourselves up to now, we are aware that we have a better chance of succeeding if we appoint a barrister to do the questioning/cross examination of witnesses.

How do we go about finding the right one? Practically, we have to accept that money is an issue-we will have to fundraise-but also want to understand what paying more really means in terms of chances of success.

I hope someone here might be able to give some hints about how to narrow a search-it's a bit mind boggling at the moment.

Oh, and also, it would be amazing to know if we would be okay gathering witness statements ourselves or if we will regret not having specialist help there too.

I am inexperienced with no legal background, but prepared to do reams of reading if that is what's needed. Fully aware that it's possible that reams of reading, even if I am not daft, may be of no use at all without the background understanding of law to know precisely what is meant by what I'm reading.

For example, I have read all the reports on inquiries that the barrister acting as inspector has flagged on her website and have picked up patterns of what she drills down into, what evidence she wanted but was lacking, and how lots of the applications fell down. Thing is, that's as nothing if I don't know how that relates to our specific application.

There are 2 ways: 1. instruct a solicitor and they will instruct a barrister and 2. appoint a public access barrister (not all barristers can be appointed directly). Barristers are regulated by the Bar Standards Board and there is information on their website

Thank you! Any ideas on how to know which barrister to appoint? Do we look at their cases and success or is it more complicated than that?

Rowena Meager, give her a call, have a chat. www.no5.com/people/barristers/rowena-meager/planning-and-environment/

Ah...would very much love to...but she is the inspector for the inquiry!

Where are you based?

I'd suggest trying the following sets of chambers and seeing if there is anyone who can help you -

www.landmarkchambers.co.uk/
www.ftbchambers.co.uk/administration/instructing-us
www.39essex.com/practice-area/planning-environment-and-property-barristers/
www.no5.com/expertise/planning-and-environment/

Otherwsie have a look at the Chambers and Partners website and try and find local sets with some expertise in property planning and environmental law as they will usually cover village greens and public rights of way.

Thank you! Will check those out. Is there any particular way of choosing or is anyone whose cv/details show a specialist or expertise in planning/TVG as good as anyone else? I am imagining that it doesn't matter if they have generally represented objectors against TVG because they are now arguing our case, just as it wouldn't matter if Rowena Meager had generally represented land owners because she is obliged to be neutral? Kind of representing the law, not a party!

I too would look at Chambers or similar legal directory, and see who is recommended, or which barristers chambers have a lot of planning experience.

It's a good idea to save cost by doing your own legwork, statement gathering and so on. Quite often in practise, one finds that people acting for themselves concentrate on the things they feel most strongly about, but which are not the things that matter in legal terms. Maybe it would work for you to find a barrister, have a meeting to explain what you want to do, and then the barrister can tell you what you have to show and how. That way you have the guidance you may need before you do shedloads of work that could be unnecessary?

I'd phone the clerks at chambers you like the look of who will be helpful. They'll be able to recommend a couple of people based on specialism/ availability/ how much money you have available etc.

Thank you. This is all amazingly helpful. It's good to know that doing the legwork isn't a bad idea, because that is what we plan.

I'm guessing that we will need to take advice on making sure we take witness statements in the best possible way. I want to make sure that we are in no way influencing them inappropriate, but also know from reading inquiry reports that specific details being present or absent can be the difference between success or failure.

Are there sources of guidance on this? Or, if we manage to get some legal advice from one of the organisations we've contacted, it that a good thing to ask? Or, in actual fact, do we need barrister on board sooner rather than later so they can suggest what they need.

You are so very right about the things we care about not being the things that will decide it. No matter how cross the objector is, no matter how passionate we feel in the other direction, it comes down to a very precise set of legal tests being satisfied. Balance of probabilities, with the onus on us to prove.

Thank you kingsassassin. This sounds a bit daft, but how do We even begin to know what we might like the look of? Please don't feel obliged to tell me-I accept it might just be something we get a feel for, but given that this is about legal precision not feelings, I'm a bit out of my depth!

One question is, does it matter if the bulk of their work has been for objectors/developers? I suppose I imagine that's likely, given the funds they have available versus community groups, but of course o might be wrong!!

Last question - can we instruct a barrister from the same chambers as the inspector?

Yes you can. They are duty bound to keep separate.

Cornerstone Chambers has expertise in this field. It is quite specialist and I would start with them.

None of these Chambers come cheap! Landmark and FTB are top notch. Can you really afford this? Have you got the CPRE and The Ramblers on board? They have people that attend inquiries.

Ah...would very much love to...but she is the inspector for the inquiry!

typical

Do barristers do pro bono work? Is that a way forward for you?

Bubbles no, after a chat to a lovely clerk today I don't think we can. He recommended a very experienced QC in his chambers and it became clear that we would need to open a chain of bakeries rather than a cake sale to fund raise...

I hope we can at least afford to get some advice even if representation at the actual inquiry is beyond us. The inspector made it clear that she would ask questions if either side hadn't clarified what she needed to know. I am still very green and of course I know we would be so much better off with a barrister doing the questioning, but we may not be able to.

Mum diva absolutely, some do, but I think it might be a reach to ask anyone for six days of the enquiry plus prep. We might well find someone who will essentially advise and tell us what best to do to prepare, even if not being there on the day.

We'll see. I've applied to a charity that specialises in legal advice for environmental issues and has helped with village green applications.

Try getting in touch with LawWorks - they refer pro bono work to solicitors and barristers.

Thanks fairground. Off to look them up!

Do speak to the other organisations I mentioned.

I have actually attended two public inquiries about my own land. The first was when we wished to divert a footpath within our garden. Away from the house to the outer edge of the garden. The local authority disagreed with this proposal (we had pp to extend the house and the FP was in the way so had to be moved) and forced a PI because they wanted the path diverted so it was adjacent to the extension but still in the middle of the plot.

To be honest, we found the inspector was very reasonable towards us and listened to our views carefully. DH is confident and was clear about why we wanted the path moved and how walkers could still use the path. We were treated as non-experts. (DH is an expert at inquiries now on civil engineering issues!) The LA got more of a grilling. The inspector came to the house and had a look around and asked the LA why they wanted the path diverted through the middle of the garden (we have a big garden). I saw the look of incredulity on his face. Judgement arrived 3 weeks later in our favour.

As lay people, it’s likely an inspector will be kind to you. From DHs experience these days, do not lie. Inspectors see straight through this. Do not make up usage of the woodland if you cannot prove it. Get evidence of use. Get evidence that the use was not challenged. How did people access the wood?

About 8 years later, we bought some land and a wood adjacent to our garden and found the previous owner had suffered local people cutting down his fences and wire to get access to the land. We then proposed to close the path in the garden and make a new one through our wood. It’s got great views.

We then had a PI to close the previously diverted path. We proposed a new path through the wood which would be the missing link in a ring of paths around the village. The Ramblers argued that they could already use the proposed woodland path because they had been doing so for over 20 years. However as this was via broken fences and cut wire, the inspector didn’t allow that argument. He agreed to get rid of the path in the garden. We did create the new path with kissing gates so everyone was happy. However it’s important that you do not argue from an indefensible position. Think carefully about what evidence you have and what you might settle for. Would a footpath (even a circular one) be a better solution?

This will obviously come down to your rights to use someone else’s land as opposed to the rights of the landowner to control access to his land. Whether your rights have built up over time is what is important and whether the previous landowner ever challenged the use of the Woods. In our case it had been challenged. It was not a right of way.

Lastly, DDs boyfriend is a property barrister at a top Chambers (I have not mentioned them) but I know what they charge, even at junior level! Cornerstone has the expertise on this though. Good luck.

Absolutely, Bubbles. Having spoken to a number of chambers this week, and understanding the task ahead in raising funds, I'm minded to think that we might be better focusing what money we have on paying for advice, even just a little, from an experienced barrister that has done lots of Town and Village Green application work.

We are sure we have a case, but with the fine detail of the law on this particular thing, we can't be sure which way it will go. It'll be easier to gauge once we see what witness statements the opposer has. At the moment, we are in the dark as to what support he has for his opposition to our application.

I'm glad your case was viewed with common sense by the inspector. I think ours will be too.