Name: Philip Rainey QC Chambers: Tanfield Chambers Location: London University: University of Leicester Degree: Law
when a local phone tower was burned down during the 5G junk science scare.”
that many of the more straightforward cases on which junior barristers build their practices in the early years are no longer making it through the justice system: “Unfortunately I can’t avoid the politics. When I started at the Bar it was possible to access legal aid in a lot of land disputes; whereas now, unless it is a possession claim against someone with a very low income and it is a rented flat – social housing, essentially – it is very difficult to access legal aid.” Sustained cuts over more than a decade have created worrying implications for access to justice and the rule of law, while depriving junior barristers of the cases that would help them to develop their trial experience and earn enough to make the career viable. The covid-19 crisis The courts are also underfunded – a situation that has been made more acute by the coronavirus pandemic. “During lockdown, companies and organisations moved onto emergency budgets, so work is generally down, but lower-value property work has been particularly badly hit,” Philip explains. “There are 138,000 possession claims issued in the county courts every year and in order to prevent courts from collapsing, a decision was made to stay (suspend) all property possession cases, regardless of what stage they were at in the process. It has created an enormous backlog, so it will be very difficult when the courts reopen.” But the top courts continued to operate and Philip has led two remote hearings in the Court of Appeal and a short remote trial during lockdown, as well as hearings by telephone. “Work is still happening, but life is far from normal,” he says. “At Tanfield, we have one colleague working from France and another working very successfully fromAustralia, despite his hearings taking place in the middle of the night.” The febrile uncertainty of the times has led to one notable setback: “One of our members lost his home internet connection
Covid-19 has prompted increased adaptation and innovation but the barristers’ profession will still need to retain a physical presence as restrictions ease. “Clients want to know where they can find you,” he explains. “People need to be able to trust their legal advisers and that is difficult if everything is online.” Pleasure and privilege Despite the challenges facing the profession, it is important to emphasise that if you can clear the hurdles, this is a hugely rewarding career. “Breaking down the issues and finding solutions is the real pleasure of the job, but I have done quite a few other fulfilling things as well,” says Philip. “I was a member of the Civil Procedure Rule Committee which makes the rules of court from 2001-2008, an unpaid position which was a great way of giving something back to the profession while also being very interesting. Just before the Supreme Court was formed, I appeared in two of the last cases in the House of Lords which were memorable because they were the end of an era. And in recent years, I have had a couple of stand-out cases in the Supreme Court.” The greatest highlight, though, was understandably being made a QC: “Bluntly, I never thought I would become a silk and I am very privileged to have got there.” His advice for budding barristers? “To be successful, you need to know about the legal issues of the day, even if they have nothing to do with your field,” he advises. “A good barrister will know their subject, but very good barristers tend to know a lot in areas that are not their subject, too. If you are going to a pupillage interview and there has been a big legal story in the press that morning, make sure you read it – the interviewer may well ask you about it.”
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