There are plenty of Queensland lawyers who spend a good portion of their twenties in London. But there are very few who make the move in the middle of their career. I mean, why would you if you enjoy your life here?
Well, in my case, it was an unexpected (but very welcome) engagement to a lovely girl who lived in the United Kingdom. That story is amusing, but lengthy, so it is probably enough for me to say that one of us had to move and that person ended up being me.
Having now spent some time practicing as a barrister in London, I thought my experiences might be of some interest to anyone considering having a go in civil litigation in England and Wales.
First of all, you may need a work visa. I know this sounds obvious but if you are rushing over there then it might not be the first thing you think about. If you are under 35 then you can apply for a Youth Mobility Scheme visa, which will entitle you to live and work in the United Kingdom for two years (with the possibility of a year’s extension) provided you apply at least six months before you arrive. If you are no longer in the spring of youth then, unless you have a right to work in the UK (eg you hold a British passport), you will have to apply for an Ancestry Visa or a Skilled Worker visa. You cannot apply for a Skilled Worker visa while you are in the UK and you will need a sponsor. If you are going to work for a law firm then they will sponsor you but if you are going to the Bar then the Bar Council will be your sponsor.
You do not need to be admitted to the Roll of Solicitors of England and Wales to work as a lawyer there. It is perfectly acceptable to work as a legal practitioner provided you indicate in your correspondence (and on the firm’s website) that are you qualified in another jurisdiction (ie you must state “Foreign Qualified: Australia” or “Country Qualified: Australia” under your name). However, you will need to be admitted in England if you want to work as a partner of a firm or practice at the Bar.
Civil litigation in England and Wales is largely conducted in the County Court and the High Court of Justice. There are different courts within the High Court such as the Administrative Court and the Insolvency & Companies Court. Litigation in the County Court is a little unusual for a Queenslander. For starters, a County Court judge is either a district judge or a circuit judge, the latter being more senior. You call a circuit judge “Your Honour” but you call a district judge “Judge” even though you are in the County Court in both instances. Unhelpfully, if you are appearing in the County Court, the law list will not expressly tell you whether your judge is a district or circuit judge. But if the judge is described as “His/Her Honour” then you know they are a circuit judge. You don’t have to call anyone “My Lord” or “My Lady” until you get to the High Court.
For a barrister, the rules around what one wears to court can be very confusing. There are different rules depending on which part of the country, which court, which judge and/or which type of matter you are appearing in. I kept asking my chambers colleagues what I had to wear but no one could ever seem to give me a straight answer. In the end, I just decided to take my robes with me wherever I went, which could be quite annoying if you were appearing in the County Court in Ystrad Mynach (it’s in South Wales).
England and Wales are, of course, relatively small countries being approximately the combined size of South-East Queensland. This means that it is not unusual to have matters in courts all over the country depending on your type of practice. It is often quicker to travel by train than by car in the United Kingdom so early morning journeys to get to a courthouse in Manchester or Birmingham are common. Unfortunately, strikes are quite common too…but you usually know about these in advance.
The Covid-19 lockdowns were a lot stricter and longer in the United Kingdom than they were in Queensland. As a result, the use of new technology by the legal profession seems to have been more readily embraced. Working from home using Microsoft Teams or Zoom is much more common. All correspondence (including briefs to counsel) is electronic. The use of paper in courtrooms has basically been eliminated and what we call an e-trial is the norm.
As Australian civil procedure has its roots in English civil procedure, it will be unsurprising to learn that the Uniform Civil Procedure Rules 1999 (Qld) are somewhat similar in operation to the Civil Procedure Rules 1998 (UK). There are, however, real differences.
After a defence to the claim is filed, the court allocates the matter to one of three “case management tracks”: the small claims track, the fast track or the multi-track. Generally speaking, the small claims track is for claims less than £10,000, the fast track is for claims between £10,000 and £25,000 and the multi-track is for claims greater than £25,000, although this is not set in stone. For example, a claim worth less than £25,000 can be moved to the multi-track if it is relatively complex. The amount of recoverable costs is affected by the matter’s case management track so disputes about the appropriate track are common. (Since writing this, I have discovered that a fourth track has recently been introduced: the intermediate track, which is for claims between £25,000 and £100,000 that are less complex than those allocated to the multi-track but more complex than those allocated to the fast track).
For multi-track claims, the court will hold a Costs and Case Management Conference (CCMC), the ultimate purpose of which is for the court to give directions to prepare the case for trial. Prior to the CCMC, the parties are required to prepare a costs budget. A costs budget is an estimate of the proportionate and reasonable costs that a party intends to incur in the proceedings. They are usually prepared in consultation with a costs expert. At the CCMC, the court states the extent to which the parties’ budgets are approved. At the end of the litigation, the recoverable costs of the winning party are assessed in accordance with the approved budget, and the court will not depart from the approved budget unless satisfied that there is good reason to do so.
As an outsider, it appeared to me that although innovations such as case management tracks and costs budgets were intended to make English litigation more efficient their effect was the opposite. My overall impression was that English litigation was unnecessarily complex, which made it expensive. This was not helped by the fact that barristers are briefed for basically every type of hearing or mention no matter how small or inconsequential. Solicitors have no right of audience before English courts unless they have completed a “higher rights” course and, even then, they must seek leave to appear.
In light of this, it was surprising to find that mediation was nowhere near as prevalent in England and Wales as it is in Australia. Although the courts have taken steps to encourage mediation, it is unusual and, by all accounts, it is often seen as a sign of weakness if a party suggests it. If mediation ever really catches on as it has here then the lawyers who embrace it first are going to make a lot of money.
It should be said (just in case I sound too negative) that the lawyers and judges I encountered were all very competent, polite and professional. London is the world’s legal hub for a reason and the legal profession is well remunerated. As a lawyer, it was also an interesting experience to be called to the Bar in the 900-year-old Temple Church and to walk down the Strand into the Royal Courts of Justice.
Although in the end the lure of family, friends and sunny weather proved too strong for my now-wife and I, I would recommend working in civil litigation in England and Wales for anyone looking for a new challenge. Australian lawyers are well regarded and the London legal market is vast – give it a crack!
