General common law

The term ‘general common law’ describes a practice covering a wide range of fields, with particular emphasis on contract and tort.

A common law barrister's work

Common law chambers generally cover most areas of law, with a few exceptions (such as very specialist chancery law work and general criminal law). However, many such sets do cover certain discrete areas of criminal work, such as health and safety law and trading standards prosecutions. This invariably leads to a busy, varied and interesting practice. The precise nature of the work will vary between chambers and between individuals but at the junior end it will typically include claims involving personal injury law, contractual disputes and property law (both landlord and tenant and mortgage possession claims). Many common law sets will also undertake a significant amount of commercial law work. As well as appearing in the courts, common law barristers are regularly instructed to appear in a variety of other hearings including public inquiries, inquests and disciplinary tribunals. There may also be opportunities to work as a junior on large, high-profile litigation if you are based in a set that has a number of QCs.

The interest and variety presented by common law work is a real bonus. The experience gained of different types of court and tribunal work cannot be matched by any other area of practice. It also provides a good foundation from which to make an informed decision as to which areas you particularly enjoy, should you wish to specialise to a greater extent at a later stage of your career. However, the variety can also lead to some drawbacks. You may be landed with a case at 5.00 pm for the following day in an area of law that you know little about: this invariably means that your preparation will stretch late into the night.

Recent developments in general common law

Alternative dispute resolution (and particularly mediation) continues to be an area of development for litigation practitioners. The courts are very keen to see parties attempting to resolve their disputes without the need for a trial and can penalise them in costs if they do not do so. This has opened up new opportunities, as barristers will often be asked to represent parties at mediations and, after appropriate training and experience, to act as the mediator or arbitrator.

Is general common law recession-proof?

In addition to core areas of law which are unaffected by any economic downturn (such as health and safety), the wide variety of work undertaken means that, even if some work diminishes (eg aspects of corporate or banking law), other areas naturally and easily fill the gap (such as employment, insolvency and regulatory). The common law sets therefore continue to thrive.

What skills do common law barristers need?

• Good judgment allied with the ability to work quickly and effectively.
• In big cases, the capacity to work well within a team of senior barristers and solicitors is essential.

Common law pupillages

You are bound to have a lot of court work during your second six months of pupillage. This will involve short applications and case management hearings as well as trials, initially on the small claims and fast tracks (ie cases with a value of up to £5,000 and £15,000 respectively). There will probably also be some paperwork, notably settling pleadings and providing written opinions.

Types of law practised

• Everything other than very specialist areas of chancery law.

Angus Withington was called to the Bar in 1995 and is a tenant at Henderson Chambers. Within his common law practice he specialises in employment, personal injury and commercial law.