Civil Litigation

Civil Litigation

What is civil litigation?

There can often be a very thin line between conduct which is criminal in nature or which amounts to commercial fraud only.

The correct advice and selecting the right remedy can make all the difference.

Some cases are best left to be prosecuted in criminal courts, where the offender faces the prospect of penal consequences.

In other cases, seeking remedies in a commercial or a civil court may be more expedient for you to recoup your losses. And then, there are cases where you may want to explore both possibilities simultaneously.

Types of Civil Litigation

Civil litigation can encompass a broad range of disputes that will directly enact a number of legal matters.

A civil litigator will therefore tend to specialise in a specific practice area.

Some of the most common types of civil litigation include:

disputes and laws that encompass landlords and tenants
environmental law
products liability
intellectual-property disputes
construction
medical malpractice
employment and labour issues
anti-trust laws
real estate
worker’s compensation, and
education law

Our Civil Litigation Barristers

At Libertas, we pride ourselves on having barristers who have vast experience in multiple domains.

We can advise you on selecting the correct remedy for your situation. We assist you with advice that lets you form an informed view.

Our members routinely provide pre-litigation advice that helps you form a comprehensive legal overview of your situation and the possibilities.

Contact Libertas Chambers today to discuss representation for any civil litigation matter.

Instruct LibertasTo discuss your case please contact our clerks by phone on +44 (0) 20 7036 0200 or email us at clerks@libertaschambers.com

Related Practise Areas

Account Freezing & Asset Forfeiture

The asset forfeiture team at Libertas Chambers are specialists in this fast developing field of criminal and civil practice. The Serious Fraud Office, the National Crime Agency and the Crown Prosecution Service are not slow to take advantage of recent amendments to the Proceeds of Crime Act 2002, to bypass traditional methods of prosecution and confiscation in situations where there is often little prospect of proving a criminal offence. The Criminal Finances Act 2017 has amended the Proceeds of Crime Act 2002 to allow authorised law enforcement agencies such as police or customs to seize, detain and forfeit “listed assets”, if they are recoverable property or intended for use in unlawful conduct. Listed assets can include precious metals, precious stones, watches, artistic works, face-value vouchers and postage stamps. Taken together, these Acts provide these agencies with an array of new powers all designed to make it easier to freeze and forfeit property alleged to have been obtained in the context of criminal conduct allegedly committed anywhere. An Ex Parte Approach The process is typically commenced by an ex parte approach by an investigator to a Magistrates Court for an order freezing a bank account for up to two years if there is merely a reasonable suspicion that the balance is recoverable. However, the standard of proof is higher to convert that freezing order into a forfeiture order because the Applicant must make the Court satisfied that the “property” was obtained through unlawful conduct or was intended for use in unlawful conduct. Because these orders are intended to be used by law enforcement to forfeit large sums of money without having to prosecute anyone and prove their guilt, a rapid, cohesive and effective defence response is highly desirable. At Libertas Chambers, our experienced asset forfeiture team work closely with their instructing solicitors to develop careful strategies in order to defeat these applications by using proactive and focused case preparation at all stages of the process.

There can often be a very thin line between conduct that is criminal in nature, or which amounts to commercial fraud only. The correct advice and selecting the right remedy can make all the difference. Some cases are best left to be prosecuted in criminal courts, where the offender faces the prospect of penal consequences. In other cases, seeking remedies in a commercial or a civil court may be more expedient for you to recoup your losses. And then there are cases where you may want to explore both possibilities simultaneously. At Libertas, we pride ourselves on having barristers who have vast experience in multiple domains. We are able to advise you on selecting the correct remedy for your situation. We assist you with advice that lets you form an informed view. Our members routinely provide pre-litigation advice that helps you form a comprehensive legal overview of your situation and the possibilities.

Commercial Litigation

Members of chambers have experience in representing and advising businesses including financial institutions, insurance companies, manufacturers and professional services firms in a wide range of commercial disputes both in the UK and overseas. One of our barristers was formerly a commercial litigation partner with a Magic Circle law firm. Our experience includes: banking insurance and reinsurance civil fraud and asset tracing personal and corporate insolvency directors’ and officers’ liability professional negligence employment discrimination and sexual harassment insurance and reinsurance product liability environmental claims employment

Judicial Review

Many decisions are made by a number of public bodies during a suspect’s or defendant’s journey through the Criminal Justice system. These will include Police decisions made during a person’s arrest and detention; CPS decisions whether and what offence to charge, Legal Aid Agency decisions about whether to grant a Representation Order, Judicial Decisions to grant arrest warrants, freezing orders, or search warrants for example. In addition, a person’s treatment in custody post sentence is littered with decisions that are capable of challenge through the Courts. Equally, decisions made by regulatory bodies and tribunals are also capable of successful challenge. Public Law applications are increasing in their number and complexity, and members of chambers have experience of challenging decisions that are made by Courts, the Crown Prosecution Service and HM Prison Service. Members of Chambers have also been instructed to draft applications for permission, pursuant to Part 54 of the Civil Procedure Rules (CPR), in accordance with the CPR Practice Directions. The relevant form (N461) and skeleton arguments can also be settled by Counsel at Libertas Chambers. Applications for funding can also be drafted in complex cases. Members of Chambers will also advance oral argument in support of permission for leave and at substantive hearings before the High Court and The Court of Appeal.

When representing individuals and companies before the First Tier Tribunal and Upper Tier Tribunal, we are able to draw upon our many years of expertise in defending in many of the most serious and complex HMRC criminal tax prosecutions Our expertise involves dealing with VAT, CIS and Duty proceedings. It is often the case now that HMRC choose to go down the route of proceedings before the FTT rather than the criminal courts. Our many years of success in uncovering disclosure failures by HMRC in MTIC cases gives us a tremendous advantage when a robust defence is required. We are skilled at dealing with cases which in some instances have hundreds of thousands of documents. We play key roles in multi-disciplinary teams with solicitors, forensic accountants and other experts. Our background of robust and skilful criminal advocacy can give clients the edge when there are serious factual challenges to be made before the FTT. Equally, we understand the commercial reality of some of these proceedings and are adept at helping to negotiate settlements when that is in the best interest of our client.

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Felicity was instructed by the Australian Centre for International Justice and led Daye Gang of the Victorian Bar You can read the JFM press release here justiceformyanmar.org/press-r…

About 5 months ago from LibertasChambers's Twitter via Publer.io

The memo set out international law and guidance places due diligence obligations on the Singapore Exchange and possible liability on the Monetary Authority of Singapore and the Singapore Government for companies doing business with the Myanmar military.

About 5 months ago from LibertasChambers's Twitter via Publer.io

Justice for Myanmar issued a press release today on the latest moves in the Golden City investment scheme linked to the Myanmar military and the ETC divestment.

About 5 months ago from LibertasChambers's Twitter via Publer.io

Dr Felicity Gerry's Legal investment memo has $80million SG impact on Golden City scheme in Myanmar The legal investment memo by Dr Felicity Gerry KC has led to ETC divestment. Read more in the thread. pic.twitter.com/AuLZex7GMm

About 5 months ago from LibertasChambers's Twitter via Publer.io

Dr Felicity Gerry KC has assisted in drafting and supported a petition for a conditional pardon for 2 IPP prisoners. The petition was served on the Minister of Justice Alex Chalk MP by Dean Kingham of Rees Thomas Watson solicitors. Read more here... libertaschambers.com/media-hu… pic.twitter.com/SSACttsdTu

About 5 months ago from LibertasChambers's Twitter via Publer.io

On Friday 7 July, Dr Felicity Gerry KC mitigated on behalf of Jarrad Spence Robinson at a sentencing hearing which led to a life sentence with a minimum term of 32 years for murder by stabbing and ENCRO Chat drug dealing. You can read more here mylondon.news/news/north-lon… pic.twitter.com/lTswG3Bmh9

About 5 months ago from LibertasChambers's Twitter via Publer.io

Watch the playback via our YouTube Channel, or by the below link: libertaschambers.com/media-hu… #CriminalDefence #Webinar #Barristers #Law

About 5 months ago from LibertasChambers's Twitter via Publer.io

In our latest webinar, Dr Felicity Gerry KC and Marie Spenwyn discuss the delivery of defence openings / summary of issues, how defence statements can be framed to support a defence opening, and what is the bare minimum for opening defence issues which is fair.

About 5 months ago from LibertasChambers's Twitter via Publer.io

Rule 25.9, taken together with the overriding objective allows for a fair and concise rehearsal of the issues raised in the defence statement or alternatively for the jury to be given the defence statement.

About 5 months ago from LibertasChambers's Twitter via Publer.io

𝗗𝗶𝗱 𝘆𝗼𝘂 𝗺𝗶𝘀𝘀 𝗼𝘂𝗿 𝗿𝗲𝗰𝗲𝗻𝘁 𝘄𝗲𝗯𝗶𝗻𝗮𝗿? A practice is growing of asking Defence Counsel to open 1 or 2 sentences after the prosecution opening in serious cases which may not be in accordance with the Criminal Procedure Rules. 🧵 libertaschambers.com/media-hu…

About 5 months ago from LibertasChambers's Twitter via Publer.io

Latest News

Inquest Leads To University Suicide Prevention Report With Libertas Barrister Libertas Member Chaynee Hodgetts has contributed to a Policy Report for members of the “For the 100” campaign, suggesting stronger strategic safeguards need to be implemented across Higher Education Institutions (HEIs), to seek to prevent avoidable University student deaths by suicide. This work follows on from Ms Hodgetts representing the Foulkes family (who also contributed to the Report). The family lost their daughter, Mared Thomas Foulkes, by suicide, after she received an automatically generated issue of an inaccurate “degree fail” exam transcript on her Pharmacy degree course at Cardiff University. Ms Hodgetts became involved with the case, having initially learned, in a Christmas card from a mutual contact, of the family’s struggle to persuade the Coroner that the University should be made an Interested Party (IP) at the inquest – and that the Coroner was not, at that early stage, persuaded as to the potential relevance of the University result received by Mared. Upon becoming instructed on the case, through Mr Ian Winrow of Winrow Solicitors, Ms Hodgetts undertook a full review of the evidence, sought further disclosure, and made written representations in advance of the Pre-Inquest Review (PIR) that Cardiff University should be an Interested Party (IP) at the inquest, because the automatically computer-issued (and factually incorrect) fail result appeared to be directly linked to events involving Mared on the day she died. Tragically, she never knew that the computer-generated result was wrong, and that she had in fact passed. Following Ms Hodgetts’ submissions at the Pre-Inquest Review (PIR), the Coroner ordered Cardiff University must become an Interested Party at the inquest, held in 2021. After several days of evidence at inquest, still represented by Ms Hodgetts, the family learned more – with the Coroner returning a Conclusion of suicide, and directed the University had to improve its exam results policy and provide better pastoral care. Ms Hodgetts’ further representations at inquest, that a Regulation 28 Preventing Future Deaths Report was necessary, were acted upon by the Coroner. The Coroner, in the resultant Regulation 28 Preventing Future Deaths Report, ruled: “Mared Thomas Foulkes, aged 21, died beneath the Britannia Bridge on 8 July 2020. Mared was a student at the School of Pharmacy and Pharmaceutical Sciences at Cardiff University studying for a M Pharm. She had received examination results the morning she died indicating that she had ‘not successfully completed this year/stage of her programme of study’. It was revealed after her death that she had successfully completed the year (once the ratification process had occurred)… During the course of the inquest the evidence revealed matters giving rise to concern. In my opinion there is a risk that future deaths will occur unless action is taken… The sharing of examination results and how examinations are marked is complex, confusing, and at times capable of appearing misleading.” The Coroner ruled that Cardiff University were statutorily required to review their policies for the issuing and ratification of exam results, and the provision of proper pastoral support around the time of results day, and made specific recommendations. The University later provided a statutory response to the Coroner, and apologised publicly to the Foulkes family. Mared’s family have since joined the “For the 100” campaign, along with other families seeking improved suicide prevention measures for students in UK Universities. The latest media reporting on the new Policy Report [A. Griffiths, E. Roberts, M. Flynn and C. Hodgetts (with I. Foulkes and G. Foulkes), “The Case for Better Student Suicide Prevention in Higher Education: Some Observations from Wales” (August 2024, Policy Paper)] can be found here: https://www.itv.com/news/wales/2024-11-11/my-daughter-took-her-own-life-seven-hours-after-getting-university-result https://www.dailymail.co.uk/news/article-14068143/student-killed-failed-exam-university-tragedy.html Selected previous media reports on the PIR and inquest can be found here: https://www.bbc.co.uk/news/uk-wales-59080475 https://www.dailymail.co.uk/news/article-9892155/Student-21-dead-learning-failed-Cardiff-University-exam.html https://www.dailymail.co.uk/news/article-10142029/Student-fell-death-bridge-getting-email-WRONGLY-telling-failed-exams.html https://www.dailymail.co.uk/news/article-10211899/Coroner-says-Cardiff-University-change-results-policy-student-killed-mix-up.html The Coroner’s Regulation 28 “Preventing Future Deaths” report, made in respect of Cardiff University, can be found here: https://www.judiciary.uk/wp-content/uploads/2021/11/Mared-Foulkes-Prevention-of-future-deaths-report-2021-0378_Published.pdf The “For the 100’” campaign is a group of parents and families calling for better duty of care for students from Universities, with the “100” signifying the annual number of student deaths by suicide in Universities: https://www.forthe100.org.uk/

Libertas Chambers

Libertas Chambers Members Defend in Operation Reprefer Grahame James leads Sarah Day in Cardiff Crown Court, representing a defendant charged with multiple conspiracies to breach immigration laws in the EU. Grahame and Sarah are instructed by Mark Davies at Goldstones. Read more about the case here: https://www.bbc.co.uk/news/articles/cvgl79l2ep1o.amp

Libertas Chambers

Serious Charges against Military Veteran – Case Dropped Chaynee Hodgetts, instructed by Ashley Smith of Ashley Smith Solicitors, secured Not Guilty verdicts, with the Prosecution offering no evidence against a military veteran charged with serious allegations, including controlling or coercive behaviour, stalking involving serious alarm or distress, theft (x 2); criminal damage, and intimidation. After considering Ms Hodgetts’ written application to dismiss all charges, accompanied by Defence solicitors’ written representations, the Prosecution offered no evidence on all charges on this six count indictment – before the application to dismiss was even heard in court. Furthermore, the Prosecution did not pursue any application for a Restraining Order on acquittal (so none was imposed) – and a Defence Costs Order was granted. The Complainant was in full support of this outcome to the case. This case involved representing a military veteran living with PTSD and mental health matters, who was being assisted by the Royal British Legion and other support services.

Libertas Chambers

Latest Insights

Marie Spenwyn contributes to August edition of Counsel magazine Marie Spenwyn contributed an article to the August edition of Counsel magazine, co-written with Lynda Gibbs KC (Hon). In the article, they explain the process to, and significance of, a course developed for the Inns of Court College of Advocacy (ICCA) for those representing children in the criminal justice system. The ICCA working group set out to draw together myriad resources to better equip practitioners to fulfil their regulatory duties and to continue its push for advocacy for children to be a specialist area of practice. Marie has been a member of the working party for a number of years working on the development of, and now delivery of the training course. Read the article through the link to the edition below – you can find the article on pages 20 and 21 of the publication. https://www.counselmagazine.co.uk/articles/advocacy-for-children-in-conflict-with-the-law In other news, Marie Spenwyn is one of the newly elected Masters of the Bench of Gray’s Inn. More information can be found at the Gray’s Inn website: https://www.graysinn.org.uk/news/new-masters-of-the-bench-trinity-election-2024/

Libertas Chambers

Sending Christine Keeler to prison was a National disgrace By Dr Felicity Gerry KC I am delighted to see our campaign for the posthumous exoneration of Christine Keeler being covered for 4 days in The Mirror. The campaign is being brought by her son Seymour Platt who was left the task of telling her real story in her will. At the height of the “Profumo Scandal” Christine was the victim of a violent assault by a man called Lucky Gordon. He was prosecuted but sacked his lawyers and represented himself. In cross examination of her, he admitted assaulting her. She told the police she had not mentioned two other witnesses because they asked her not to. On the suggestion that she had lied about about who was present, Gordon’s conviction was quashed by the Court of Appeal (the court unusually expressing their belief that Christine was telling the truth). Nonetheless she was prosecuted for perjury and PCJ. She pleaded guilty and was sent to prison. She was under terrible pressure. For example, news reports account members of the public throwing eggs at her outside the Old Bailey in Stephen Ward’s trial where she was also wrongly accused of being a sex worker. Ward took his life before verdicts on whether it could be shown he was not living on her “immoral” earnings. These events framed Christine Keeler appallingly for the rest of her life, as Seymour Platt has explained in the Mirror. The law on the charges Christine faced (despite being a victim) only applies if there is a “material lie”. That Christine did not state that two other men were present when she was violently assaulted was totally irrelevant, especially as a proper investigation would have revealed they saw the attack and because her attacker admitted in court he assaulted her The Criminal Cases Review Commission is now quite properly investigating the case. The implications of the comments her silk Jeremy Hutchinson QC made at the time made it obvious she pleaded guilty when she was not, and she was shamed, unlike others whose reputation has been restored. There is a real risk that she was wrongly convicted. Sending her to prison was dreadful and she rightly deserves a posthumous exoneration. It would also go a long way to reframing a case that is the epitome of slut shaming, fitting with modern CPS guidance on violence against women and girls

Libertas Chambers

Chambers Article: Rule 25.9(2)(c): Defence Statements and ‘openings’ Traditionally in England and Wales the defence may give an opening address at the start of the defence case, but only where evidence is to be called other than from the accused person. In many cases this means that the issues are not identified clearly until a late stage and in long cases there can be an advantage to the prosecution to dominate the trial issues. In a recent webinar we discussed this topic of delivery of defence openings / summary of issues and how defence statements can be framed to support a defence opening. This article is a summary of the key provisions discussed. Click below to read in full. Download Article now To stay up to date with insight articles, webinars and chamber news why not subscribe to Libertas Lens (our periodic newsletter) – Click here to register

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Latest Events

Dr Felicity Gerry KC will be at the International Bar Association Conference in Paris from 29 Oct to 3 Nov Dr Felicity Gerry KC will be at the International Bar Association Conference in Paris from 29 Oct to 3 Nov – She is the Asia Pacific Member of the Criminal Law Committee – if you are attending, she would be delighted to meet you Conference details here #IBA2023 https://www.ibanet.org/conference-details/CONF2244. Felicity is currently awaiting verdicts in the Al Hassan trial at the ICC and drafted the memorandum that led to the $82m divestment of the Golden City Investment Scheme in Myanmar. She was recently listed as one of the top 5 international lawyers you would want on your side – details here https://lawandcrime.com/partner-content/meet-the-top-5-international-lawyers-you-want-on-your-side/amp/

Libertas Chambers

Celebrating South Asian Heritage Month NOTE: This event has now been cancelled. Libertas Chambers members celebrate South Asian Heritage Month (SAHM) with a wide-ranging panel discussion on legal issues and careers to honour, recognize, and appreciate South Asian history and culture, as well as to comprehend the rich cultural legacy of countries within South Asia. This webinar presented by our members celebrates the accomplishments and legacy of individuals with origins in the South Asian countries. Presented by our members with South Asian heritage who have expertise in corporate and criminal law on issues concerning South Asian business, countries and heritage in celebration of South Asian heritage month. We are proud to have several practitioners of South Asian origin, which make up 20% of our staff and a collective command of 8 different regional languages. To ensure you don’t miss out on future events please register for our newsletter by clicking here.

Libertas Chambers

Webinar Video – Defence Statements and Openings: Rule 25.9 and being fair and concise We recently held a webinar on Defence Statements and Openings: Rule 25.9 and being fair and concise. A practice is growing of asking Defence Counsel to open 1 or 2 sentences after the prosecution opening in serious cases which may not be in accordance with the Criminal Procedure Rules. Rule 25.9, taken together with the overriding objective allows for a fair and concise rehearsal of the issues raised in the defence statement or alternatively for the jury to be given the defence statement. This webinar discusses the delivery of defence openings / summary of issues, how defence statements can be framed to support a defence opening, and what is the bare minimum for opening defence issues which is fair. Presented by Dr Felicity Gerry KC and Marie Spenwyn Felicity and Marie have significant experience defending in the most serious of criminal matters including homicide, terrorism and war crimes. Both are co-authors of The Sexual Offences Handbook (3rd Ed forthcoming). They are well versed in taking procedural challenges and taking the best strategic approaches for clients. To ensure you don’t miss out on future events please register for our newsletter by clicking here.

Libertas Chambers