Name: Philip Rainey QC Chambers: Tanfield Chambers Location: London University: University of Leicester Degree: Law
Pleasure and privilege Despite the challenges facing the profession, if you can clear the hurdles, this is a rewarding career. “Breaking down the issues and finding solutions is the real pleasure of the job, but I’ve done a few other fulfilling things,” says Philip. “I was a member of the Civil Procedure Rule Committee which makes the rules of court from 2001-8, an unpaid position which was a great way of giving something back to the profession while also being 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’ve had a couple of stand-out cases in the Supreme Court.” The greatest highlight, though, was being made a Queen’s Counsel: “Bluntly, I never thought I’d become a silk and I’m privileged to have got there.” His advice for aspiring barristers? Pursuing a career at the Bar should only be attempted if you’re committed. “If I could’ve guaranteed the success that I’ve enjoyed, I’d do it again, but if I’d understood the risk of what I was attempting, I’m not sure I’d have gone ahead,” he admits. “If you’ve ever been hill walking on a misty day, when the mist clears and you see you’ve been walking a narrow ridge with a big drop on either side, the feeling is similar. If you’re set on becoming a barrister, it’s important to seize the opportunities when they’re there.” Finally, intellectual curiosity and well- roundedness are qualities that most top advocates have in common. “You must 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 aren’t their subject, too. If you’re going to a pupillage interview and there’s been a big legal story in the press that morning, make sure you read it – the interviewer may well ask you about it.”
“Unfortunately I can’t avoid the politics. When I started, it was possible to access legal aid in a lot of land disputes; whereas now, unless it’s a possession claim against someone with a low income and it’s a rented flat, it’s difficult to access legal aid.” Sustained cuts over more than a decade have created worrying implications for access to justice, while depriving junior barristers of the cases that would help them develop their trial experience and earn enough to make the career viable. The covid-19 crisis The courts are also underfunded – a situation made more acute by the pandemic. “During lockdown, companies and organisations moved onto emergency budgets, so work was generally down, but lower-value property work was particularly badly hit. There are 138,000 possession claims issued in the county courts every year and to prevent courts from collapsing, a decision was made to stay (suspend) all property possession cases, regardless of what stage they were at. It created an enormous backlog.” But the top courts continued to operate and Philip led two remote hearings in the Court of Appeal and a short remote trial during lockdown, as well as hearings by phone. “Work still happened, but life was far from normal,” he says. “At Tanfield, we had one colleague working from France and another working successfully from Australia, despite his hearings taking place in the middle of the night.” Covid-19 prompted increased adaptation and innovation – Philip is keen to explore the possibility of setting up a media studio at chambers to improve the quality of Tanfield’s webinars and podcasts – but the barristers’ profession will still need to retain a physical presence. “Clients want to know where they can find you,” he explains. “People need to be able to trust their legal advisers and that’s difficult if everything is online.”
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