Costs

Sian has a diverse costs practice which includes costs issues arising out a wide range of both public and private law cases.

She has experience of acting for both paying and receiving parties at first instance and on appeal in the High Court, the SCCO, the County Court, the First Tier-Tribunal (Tax Chamber) and the Upper Tribunal (IAC).   Sian also regularly acts in an advisory capacity across a broad spectrum of areas of costs law.   Sian’s clients range from individuals on a direct access basis to Government Departments and HMRC.

Sian’s recent experience includes: detailed assessments (including issues as to the recovery of success fees); assessments of solicitor and client costs under the Solicitors Act 1974; assessments of costs payable by legally aided parties; recoverability of costs in cases involving allegations of professional misconduct by lawyers; costs budgets and costs case management hearings; wasted costs orders; and non-party costs orders against directors.

Recent notable cases include:

• Douglas v. Ministry of Justice & Anor [2018] EWHC B2 (Costs).
• Technetix Limited v. HMRC [2015] UKFTT 0369 (TC).
• Finglands Coachways Ltd v. O’Hare [2014] EWHC 1513 (QB).

Inquests

Sian has significant experience of representing a wide range of interested persons at Pre-Inquest Reviews and Inquests (both with and without a jury).   Sian’s inquest experience includes deaths in prison custody, military deaths, deaths on the London Underground, and deaths arising out of road traffic accidents and at work.

Notable recent inquest experience includes:

• The Inquest into the death of Charnelle Williams, who died on 1 January 2018 after being hit by a London Underground train at East Acton station.  Sian represented the family.
• The Inquest into the death of Jamal Mahmoud, who died at HMP Pentonville, having been killed by another prisoner.   Sian represented the Ministry of Justice.
• The Inquest into the death of Private Gavin Williams who died in July 2006 after having been subjected to a physical punishment whilst serving with the 2nd Battalion of the Royal Welsh Regiment at Lucknow Barracks in Tidworth.  The inquest re-opened in November 2015 and Sian represented a significant witness giving evidence at the inquest.
• The Inquest into the London Bombings of 7 July 2005.  Sian was instructed as junior counsel (led by Keith Morton QC and Fiona Canby) on behalf of Transport for London.

Sian’s experience in coronial matters includes advising the Coroners, Burials, Cremation and Inquiries Policy Team within the Ministry of Justice.

Public law

Sian’s public law practice encompasses a broad spectrum of public law issues.

Sian is frequently instructed in cases involving human rights law.  Sian has particular experience of judicial review and civil damages claim in cases involving Articles 2, 5 8 and 14 ECHR.   Sian’s recent human rights experience includes:

–          Drafting written submissions in an Inquest as to whether or not Article 2 ECHR was engaged in respect of a death that occurred in the 1970s.

–          A proposed judicial review claim by a high profile convicted TACT prisoner in respect of his proposed licence conditions.

–          A judicial review claim by a prisoner challenging the Ministry of Justice’s refusal to grant him early release on compassionate grounds.

–          A judicial review claim challenging the legality of the newly implemented requirement on defendants in proceedings in a criminal court to state their nationality, pursuant to s. 86A(1) of the Courts Act 2003 (which came into force on 13 November 2017).

–          Cases involving allegations of human rights breaches and discrimination (particularly disability discrimination).

–          Advising a local authority in respect of a proposed application for judicial review, in which the Claimant challenged the legality of the Local Authority’s placement of her daughter for adoption.   It was alleged that the placement process has been procedurally unfair, and thus unlawful.

–          Sian is frequently involved in cases challenging the legality of primary and secondary legislation.

Since her appointment to the Attorney General’s Civil Panel of Counsel in March 2015, Sian has developed a busy and diverse immigration practice.  Sian regularly appears in the High Court and Upper Tribunal (Immigration and Asylum Chamber) in both oral permission hearings and substantive judicial review hearings.  Sian has also appeared in the Court of Appeal.   Sian has particular experience in unlawful detention cases and cases involving human trafficking.

Sian also specialises in prison law, and has been involved in both judicial review cases and private law damages claims.

Public Inquiries
Sian has experience of acting for core participants in public inquiries.   During 2019 and 2020 Sian represented two core participants before the Independent Inquiry into Child Sexual Abuse (‘IICSA’).  Sian represented the Home Office in IICSA’s investigation into Child Sexual Exploitation by Organised Networks.   Sian also represented the Cabinet Office in IICSA’s investigation into institutional responses to allegations of child sexual abuse involving the late Lord Janner of Braunstone QC.

Public International law

Sian is developing a practice in international criminal and international public law.   Sian has spoken at numerous events, including at the United Nations, on international human rights law.

Personal injury

Since completion of her pupillage in 2009, Sian has acted for claimants and defendants in the High Court and County Court and in an advisory capacity across all areas of personal injury law.  Sian’s personal injury practice also encompasses product liability cases and cases involving the Criminal Injuries Compensation Scheme.

Insurance 

Alongside her personal injury practice, Sian has developed an insurance practice, with particular experience of: Coverage and indemnity disputes; dual insurance; motor insurance fraud; and liability issues arising under the Road Traffic Act 1988 and The European Communities (Rights against Insurers) Regulations 2002.

Sian’s recent experience also includes coverage and indemnity issues in relation to household insurance and issues under the Third Parties (Rights Against Insurers) Act 1930.

Civil/Commercial

Sian has considerable recent experience of acting for clients across a broad range of civil and commercial law case including:

• drafting a commercial hire agreement;
•  false imprisonment and assault claims (where Sian acted for and advised a large multinational company against whom the claims were brought);
•  breaches of contract and warranties;
• consumer credit;
• conversion claims;
• director’s liability disputes, including issues of breach of fiduciary duties and injunctive relief;
• cases involving the piercing of the corporate veil;
• franchise agreements; and
• property damage cases, including claims against builders in negligence and breach of contract; and supply and sale of goods disputes.