Chancery law

Chancery barristers are involved in a diverse range of cases; they work across areas of practice such as real property, probate, trusts and settlements, charities, partnership, intellectual property, insolvency and companies.

Life at the chancery bar: chambers vs. court

There is no typical type of case at the chancery bar. While some barristers may have a predominantly paper-based practice and spend most of their time in chambers (such as those who are specialist advisers in non-contentious company matters, trusts, pensions, tax and intellectual property), others appear regularly before courts and tribunals and in arbitrations and mediations throughout England and Wales and internationally.

Real property and insolvency, for example, are relatively litigious areas of the chancery bar, so a barrister working in these areas will have a busy court diary of applications, trials and appeals. Some trials may go on for a number of weeks; last year I was involved in a seven-week trial on a constructive trust and proprietary estoppel dispute involving a landmark building in Manchester – this led to a three-day appeal in the Court of Appeal.

Setting a precedent

One of the big upsides of a chancery practice is the large variety of problems that we have to consider and find solutions for. Trials can be exciting (particularly when they involve issues such as civil fraud), and there is the occasional thrill from acting in cases that set new precedents of law. Work is usually privately funded and well remunerated. On the other hand, a work/life balance can be difficult to maintain because of the unpredictability of the workload.

Is chancery law recession-proof?

Work at the chancery bar has been reasonably recession-proof over the past few years, although the commercial appetite for long trials appears to have waned somewhat – litigating parties are now more inclined to settle cases rather than gamble on possible outcomes following an expensive trial.

Pupillage

The experience of a pupil in chancery chambers will depend on the type of work in which a particular chambers specialises. Pupils usually work normal office hours, during which they’ll be working on drafting statements of case, opinions and research notes, as well as attending hearings. As with all graduate jobs, there will be occasions when a pupil has to work late; usually when pressing research is needed for a hearing or an urgent opinion. Having said that, regular hours are certainly more likely at the chancery Bar than at, for example, the criminal bar or family bar.

It is customary for pupils to spend their second six undertaking their own cases while continuing to assist their pupil supervisor. However, there is a growing trend at chancery chambers not to send pupils to court on their own accord. If you’re hoping to do your own advocacy in your second six, watch out for this.

Key skills for a chancery law barrister:

• Intellect – the areas of law are complicated.
• A strong aptitude for communicating complicated legal arguments simply and persuasively.
• Good cross-examination skills.
• Commercial acumen and common sense.
• The ability and willingness to put in a lot of hard work.

JUSTIN KITSON is a commercial chancery practitioner at SELBORNE CHAMBERS. He was called to the Bar in 2000 and studied mediaeval history at the University of St. Andrews.