What inspired you to pursue a career in law, and what were some of the pivotal moments that led you to become a barrister and even- tually a King’s Counsel (KC)?
You sit as a judge in the First-Tier Tribunal system. For our readers unfamiliar with the judicial system, could you explain what the First-Tier Tribunal (FTT) is and how it fits within the broader UK courts and tribunals structure? What kinds of cases are typical heard in the FTT? The FTT is an amalgamation of different jurisdictions dealing with a range of issues including special educational needs, tax matters to war pensions and land registration disputes (to name but a few). It sits entirely outside of the Court system and is divided into Chambers (e.g. the Property Chamber), within which there are divisions such as the Land Registration Division, where I sit. As for that particular jurisdiction's history, originally it was exercised by the Solicitor to the Land Registry and, between 2004 and 2013, by the Adjudicator to the Land Registry. Rectification cases can be brought directly to the Tribunal (LRA 2002, s.108) but otherwise cases must be referred by the Land Registry. The caseload is enormously varied. Boundary disputes, fraudulent transfers, adverse possession, the acquisition of prescriptive rights – every application in relation to registered land which is disputed and where that dispute is not groundless is referred to the tribunal. Judgment is always reserved and the body of individuals sitting as judges have enormous experience. It is a specialist tribunal in every sense of the word.
I read law at university, really as a result of parental pressure – I would have much preferred to have indulged my love of history for three years and then taken stock! But my father had quite strong views to the contrary and so we compromised on a law degree. It was land law that I first fell in love with – the blend of history, precision and social considerations very much appealed to me. The realisation that not everything was "black letter law" and that advocacy played an essential part in a dispute dawned on me during my third year at university, whilst representing a university society in a disciplinary hearing, and from that point onwards, I was sold on a career at the Bar. I think the single most pivotal event in being able to take silk would have been my successful defence of the finance director of Bernie Madoff’s London company; by this stage, my practice had a very strong element of fiduciary duties/fiduciary breach and it was a high-profile case against prominent opponents before Popplewell J. It gave me enormous confidence and a belief that the next step was not entirely unrealistic.
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