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2013 Annual Review
At the Turning of the Tide...
From the Eye of the Storm
Our 2013 Annual Review is testimony to the huge efforts made by the volunteer barristers and staff of the Bar Pro
Bono Unit. With the help of more than 100 expert reviewers, our remarkable staff team of 10, supported by interns,
deploy barristers from a pool that now exceeds 3300 in number.
That team effort comes in the context of immense changes in the legal world. The Unit and the profession have
faced a storm of pressures. So too has the advice sector, a crucial point of referral access to the Unit. In 2013
applications to the Unit were 50% higher than a year before.
In the middle of this storm the Unit has sought to remain focussed. The Bar, through the Unit, has striven to work
diligently to maximise its pro bono contribution, in service of the public interest. Only so much can be achieved
however; it is clearer than ever that pro bono work can only play its part. It can be an adjunct to, but never a
substitute for, a proper publicly-funded system of legal aid.
The Unit remains proud that the overhead costs of the charity’s contribution to society are met by the profession
and those close to the profession. Particular thanks must go to the Bar Council, the Inns of Court, the Employment
Lawyers Association, a number of leading sets, and the large numbers of individual barristers who have supported
us through the innovative ‘£30 Initiative’.
We thank our staff, old and new, who have worked with real dedication, resilience and energy. We thank the clerks
at the Bar, who play such a vital role. We thank our neighbours
in the National Pro Bono Centre, which is proving
a considerable success. Sincere appreciation
is offered to the many referrers who worked
with us to get the help the Bar can provide
to where it is most needed. Alongside the
advice sector and the profession itself, these
referrers include judges, and they include
MPs who in 2013 referred one in five of our
applicants.
The storm is not over, but from its eye we see
many positive achievements. These speak of the
determination of the profession, and its Unit, not to leave
people in need of legal assistance without that assistance. We believe we have a record and a reputation in which
we can take pride. We encourage those who can help and who are not doing so yet to come forward and join us.
Credits
Front cover: Snow Storm - Steam-Boat off a Harbour’s Mouth, exhibited 1842, Joseph Mallord William Turner (1775-1851) ©Tate, London 2014
Design: Andy Cooke
The Bar Pro Bono Unit is a registered charity number, 1057620 and a company limited by guarantee, registered in England number 3237309. Bar
in the Community is a registered charity number 1089907 and a company limited by guarantee, registered in England number 4211688.
Wherever we go, no matter what
the weather, we always bring our
own case of sunshine…
Unit Counsel assisted the applicant
in the Court of Appeal in respect
of an application to have a General
Civil Restraint Order set aside. The
Court of Appeal held the decision
of the lower court was procedurally
unjust. Unit Counsel also obtained
a pro bono costs order.
Priya Solanki represented our
applicant in an immigration case
which was successful and they met
the criteria for leave to remain.
Unit Counsel provided advice in
conference and represented the
applicant for a five-day hearing in an
unfair dismissal case. The applicant
was extremely happy with the
outcome settlement of a higher sum
than that initially offered.
Unit Counsel provided assistance
in successfully avoiding a hefty
costs order.
Sacha Ackland obtained £31,000
for a Unit applicant in a personal
injury case.
Unit Counsel assisted in the High
Court arguing that an appeal for
trademark opposition be dismissed;
pro bono costs were ordered to the
sum of £1,500.
Unit Counsel successfully defended
a possession claim which was
dismissed on procedural grounds
and resulted in a pro bono costs
order of £1,000.
Counsel attended an appeal
representing the victim of a
supermarket attack as they wanted
to sue the supermarket for liability
of employee’s actions.
Daisy Hughes and Janice
Brennan provided advice and
representation in a complex
family case which had a fantastic
result with the court ruling in the
applicant’s favour.
Robin Knowles CBE QC
Chair
Rebecca Wilkie
Chief Executive
Nick Gallagher
Interim Chief Executive
Unit Process Every Cloud has a Silver Lining
Shyam Popat (Shazam)
Caseworker
Silver Lining: Placing
that case that can never
be placed, and eating a
chocolate sponge with
chocolate sauce for
dessert.
Kuki Taylor (Kukster)
Fundraising and
Communications Manager
Silver Lining: Understanding
we’re making a genuine
and positive difference
to individuals’ lives. Plus,
undoubtedly the Unit Family
– staff, interns, trustees and
panel members.
Sam Burrett (Samuel Whiskers)
Caseworker
Silver Lining: Richard’s awful
jokes and the Wall of Happiness
Nick Gallagher (Sven)
Interim Chief Executive
Silver Lining: Assisting
people who really need
help and a walk through
the centre of London.
Rachel Feilden (Rach)
Bar in the Community
Manager
Silver Lining: Fantastic
colleagues.
Alana Crayden (Baggio)
Administrative Assistant
Silver Lining: Positive
motivation and the
loyalty to one another
and our work.
Rebecca Wilkie (Barney)
Chief Executive
Silver Lining: The funds
raised from the first year
of the £30 Initiative which
enabled us to update
all our IT and recruit an
administrative assistant.
Rebecca Heald (Rebecca)
Caseworker
Silver Lining: Knowing
the work the Unit does is
essential.
Richard Booth (Smooth)
Caseworker
Silver Lining: Reading
(the activity, not the city)
and Court of Appeal
cases.
Joanne Kane (Daisy)
Caseworker
Silver Lining: Seeing
the generosity of the
Bar every day. Also
flowers and chocolates.
We match-make members of the public, who need help but are unable to obtain legal aid and cannot
afford to pay, with barristers who are willing to donate their time and expertise in deserving cases. The
Unit ensures that in each case, the barrister providing assistance is of the same level of expertise and
experience as would be expected in a paying case.
Every application is subject to the same rigorous procedure of checking, reviewing, communicating with
the applicant, allocating to a barrister where appropriate and closing down once the work is complete.
Applicant approaches
Unit via a referrer
Application logged & papers checked
Missing info or
improper referral
Back to Applicant to seek
necessary information
Application
considered ready
for review – sent to
reviewing barrister
Pool of reviewers
Application rejected on review.
Applicant given reasons
Application accepted on review.
Applicant informed
Sea of Volunteers
Unit searches for a
volunteer barrister
to complete work
Volunteer
barrister comes
forward and is
sent the papers
Volunteer
considers the
papers
Volunteer
cannot assist
and returns
papers. Unit
resumes
search
Volunteer can assist.
Applicant told
Work carried out by
volunteer barrister
Applicant requires
further assistance
File sent back to
reviewing barrister
to consider further
work
The Shipping Forecast
In 2013 the Unit visited Citizens Advice Bureaux,
law centres, MPs’ constituency offices, and advice
agencies across England and Wales in preparation
for the reforms to legal aid. The Unit asked these
referral agency colleagues about their experiences
since the introduction of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012 (LASPO).
Rebecca Scott, Senior Solicitor and Legal Advice
Manager at the Royal Courts of Justice CAB
“We have had an influx of clients who would formerly
have been eligible for legal aid (particularly in the area
of family law). We would describe this influx as a crisis
level. Our family appointments for the following week
are usually gone within an hour or two of our telephone
booking line opening on Monday morning and there
are many clients in family cases we sadly have to turn
away due to demand with no other free frontline agency
to refer to. Clients that might have had legal help earlier
under legal aid and have their problems resolved at an
early stage are now coming to us with problems that
have become complex and protracted and in a more
distressed state. At the same time we have experienced
funding cuts and have had to reduce the staff team
which means fewer staff see more clients with all the
tensions and problems this brings for clients and for
staff.
We refer a large amount of cases to the Unit every year.
The Unit service completes our service as it provides
the substantive advice and representation whereas we
provide the procedural advice. This mirrors the private
practice working relationship between solicitor and
client. This enables an almost complete range of service
to be provided free of charge to the client. The staff
team are very friendly and approachable.
We would be extremely curtailed in what we could do if
the Unit did not exist. The Unit barristers are extremely
skilled and specialists in their areas of law. To obtain
this advice free of charge is a massive help to clients
who cannot afford to get this advice elsewhere.”
Gemma Smith, Manager, and Greg Bramwell, Deputy
Team Leader, Child Law Advice Line, Coram Children’s
Legal Centre
“Firstly, our Child Law Advice and our Migrant
Children’s Project Advice Line have both seen a marked
increase in calls from members of the public who would
previously have been able to access legal aid to fund
legal advice and assistance. The areas of law which
are particularly affected in respect of our services are
child and family law where under LASPO generally
parents who require advice about child arrangements
(contact and residence) are no longer able to access
legal aid. Secondly, generally immigration matters are
now out of scope so we have seen an increase in calls
from people who are trying to access legal advice on
behalf of young people who are in the UK but have not
regularised their immigration status.
We have had a caller who was extremely unwell and
your organisation was able to help us support him
in getting his information together for a short notice
hearing, and provide the support he desperately
required. The service that I work on (Child Law
Advice Line) is unable to provide representation. We
get callers from all over England who are looking for
support and have complex cases who are not entitled
to funding or cannot pay privately, and therefore we
cannot refer in-house. The BPBU provides an invaluable
service to these callers who would otherwise be left to
fend for themselves in unknown legal environments.
We are therefore able to offer the potential services
of the BPBU to our callers so that the legal challenges
they face could be drastically reduced.”
Nick Whittingham, Chief Executive, Kirklees Law Centre
“We no longer do any immigration work. We have experienced a reduction in capacity/resource for discrimination,
employment and welfare benefits work and increased contracts for asylum work.
Generally, we can assist clients with advice and can represent where the resource required is not too great. However,
we would struggle to represent clients in complex cases which might run over several days because we cannot spare
the resource.”
I used to get those e-mails
from the Bar Pro Bono Unit
and scoff. What barrister
in their right mind would
spend 3 days in court and
get paid nothing? What
clerk in their right mind
would want their barristers
doing it? Then came the
LASPO cuts. The chambers I
clerk is a specialist family law set and we saw the devastating
effects of the cuts up close.
This changed my perception of the idea of pro bono work.
When LASPO came in there were people who overnight were
no longer eligible for legal aid. People with genuine complex
legal problems, mostly involving children, were expected
to go to court and argue their own case. This would often
mean having to face an abusive former partner in court
who may well have been able to afford representation. This
struck a chord with me and with my barristers and we have
been actively promoting the work the Unit does both within
chambers and externally.
Family referrals to the Unit have soared in recent years and
there is no chance of this trend changing in the short or
medium term. It is vital that all barristers do whatever they
can to assist the Unit in helping some of the most vulnerable
people in our society. The words of the Bar are”do right,
fear no one”. To sign up to the Bar Pro Bono Unit is most
definitely to do right.
Scott Baldwin
Senior Clerk
St Mary’s Chambers
Steering the Ship Life Preservers
Every application we receive is reviewed
by a senior barrister in order to decide
whether it is appropriate for the Unit to
try to find help.
The reviewers’ input acts as a crucial filter
to ensure that finite volunteer resources
are allocated fairly and effectively. They
donate their time tirelessly to ensure
the Unit provides access to
the Bar for those most in
need.
We asked our
reviewers why they
support the Unit.
Here are a few of
the responses:
“I believe in pro bono”.
“I wanted to support an
organisation that does
crucial work”.
Chambers have been aware of the Unit since it
was first set up. Publicity through the Unit, its staff,
and the Bar Council, has helped reinforce that. All
barristers want to be able to help those who have
no resources to pay for legal assistance. Now that
legal aid is even more restricted the need for the
Unit is even more necessary.
Chambers benefits from being involved with the
Unit by dealing with some interesting cases which
provide useful experience.
But if Government funding continues to be reduced
barristers will be put under great pressure making
the Bar Pro Bono Unit
work more difficult.
The Unit is vital to
the provision of legal
services to the Bar and
the public at large and
should be supported.
Janet Jackson
Senior Clerk
New Park Court Chambers
The enthusiasm and hard work of the
caseworkers never ceases to amaze me. In
incredibly difficult times with the savage cut
backs to our legal aid system they continue
to represent everything good about the
Bar Pro Bono Unit by working all hours to
try their very best to enable people not
able to afford representation to have a
chance for justice sadly denied them
by the State. They are the behind
the scenes heroes that we must not
forget and I am pleased to be able
to acknowledge their hard work and
dedication.
Chris Broom
Senior Clerk, Gray’s Inn Tax Chambers
“I was struck by the deserving
need of so many of the
applicants”.
“It is a way to contribute to an
area of real social need”.
Gavin Smith
1 Hare Court
Ben Collins
Old Square Chambers
Claire Reffin
One Essex Court
Paul Keleher QC
25 Bedford Row
Paul Infield
36 Bedford Row
Patricia Hitchcock QC
Cloisters
Brie Stevens Hoare QC
Hardwicke
Francis Wilkinson
Field Court Chambers
Jonathan Karas QC
Falcon Chambers Rebecca Richardson
Hardwicke
Victoria Wakefield
Brick Court Chambers
Specialist
35%
Generalist
25%
Chancery5%
Employment
18%
Family
17%
Scott Baldwin
St Mary’s Family Law Chambers
Singing in the Rain -
Celebrating our Supporters
Core Funding
The General Council of the Bar
The Honourable Society of
Gray’s Inn
The Honourable Society of
the Inner Temple
The Honourable Society of
Lincoln’s Inn
The Honourable Society of
the Middle Temple
Financial support
Chambers
11KBW
12 King’s Bench Walk
3 Dr Johnson’s Buildings
4 Stone Buildings
42 Bedford Row
5RB
6 KBW College Hill (Chambers of
David Fisher QC and David Perry QC)
Blackstone Chambers
Brick Court Chambers
Carmelite Chambers
Cloisters
Coram Chambers
Devereux
Fountain Court Chambers
Hardwicke
Keating Chambers
One Crown Office Row
One Essex Court (Chambers of Lord A
S Grabiner QC)
Queen Elizabeth Building
Renaissance Chambers
South Square
Specialist Bar Associations
Chancery Bar Association
Employment Lawyers Association
Other organisations
The Access to Justice Foundation
Smith & Williamson
Former caseworkers
Tom Copeland
Hannah Stratton
Rhiannon Wilcock
Management Committee Members
Robin Knowles CBE, QC (Chairman)
Christine Kings (Treasurer)
Philip Brook Smith QC
Chris Broom
Ann Buxton
William Edis QC
Nick Hanning
Andrew Hillier QC
Rebecca Hilsenrath
Paul Newdick CBE, QC
Jane Rayson
Diane Sechi
Sharif Shivji
Michael Todd QC
Antony Zacaroli QC
In Kind Support
Anderson McKenzie Consulting Ltd for
pro bono IT support
DX Network Services Ltd
for DX services
Hogan Lovells
for provision of meeting room facilities
Not Just Stationery
for printing services
Outer Temple Chambers
for finance training
Place Campbell Chartered
Accountants
for payroll and accountancy services
ThinkingWell
for staff training session
Weil, Gotshal & Manges
for seconded staff
Weil, Gotshal, & Manges seconded
volunteers
Kirsty Burrows
Ramen Costa
Clementine Dowley
Chris Evans
Matt Feehily
Nathalie West
Interns
Adele Akers
Victoria Dawber
Sarah Day
Amrit Dhanoa
Sophie Eastwood
Paul Froud
Victoria Gaisford
Elizabeth Garcia
Pauline Giroux
Alexandra Hearne
Rachel Hutchings
Anna Ilopoulou
Anushka Kangesu
Joss Knight
Michael Kokkinoftas
Matthew Maddison
Jacenta Mubiru
Chisanga Mwila
Vondez Phipps
Alexandra Pountney
James Krumrey Quinn
Alice Scott
Shruti Sharma
Annell Smith
Paige Tompkins
Alexander Whatley
Evan Whittal-Williams
Staying Afloat
Events
Individuals
Chambers
£30 Initiative
Employment Lawyers Association
Inns of Court
Bar Council
14%
11%
13%
17%
6%
19%
20%
Income
Thanks to the generous donations
of individual barristers following the
launch of the ‘£30 Initiative’ the Unit
was able to recruit Alana Crayden,
who joined us in October 2013 as an
apprentice whilst studying for the CILEx
level 3 Legal Apprenticeship. Alana is
passionate about pursuing a career in
the legal world. She is also a motivated athlete, currently
a European and national champion rower. She also plays
hockey for Kent Ladies.
How did you find out about the apprenticeship scheme
and the Unit?
I was researching legal apprenticeships and wanted to
work in London. I came across a learning opportunity
through BPP with work experience at the Unit. They
wanted someone who was confident, energetic and with
a bubbly character. I thought I fitted that description and
the work fitted what I was interested in. Also it was in the
pro bono legal field and I was interested to see how that
worked.
Again in 2013, the Bar
helped keep us afloat.
This meant that we
were able to maintain
our independence by
not asking for public
funding.
We were delighted
to have the ongoing
support of the Bar
Council, Inns of Court,
chambers and our
regular individual donors.
Excitingly, we also had a new lifeline in the form of the ‘£30
Initiative’. This additional funding allowed us to maintain
an extra caseworker which has been vital as demand for
assistance has mushroomed. We were also able to recruit
an administrative assistant (see more on facing page).
What do you do at the Unit?
It’s been incredible. I work on the fundraising and
admin sides of things. I also support caseworkers,
which has really developed my skills. I’ve also been
able to work on managing fundraising events such
as the Law School Challenge. I go out to events to
publicise what the Unit does and how it works. I’ve also
done loads of research for the team. I’ve written copy
for brochures and have completed a lot of data analysis
and inputting. For work experience outside the Unit
I’ve spent time with the clerking teams in two sets and
have had exposure to loads of areas of law and the
different legal professions.
Did you expect that this is the kind of thing you
would be doing?
I came in with an open mind not being absolutely
sure what to expect in my first job. I did expect to be
challenged and the Unit has been really flexible in how
it’s made use of my time and developed my skills. It’s
worked well all-round.
How does what you are doing have an impact on the
lives of people most in need of legal assistance?
I take some of the admin load off caseworkers which
helps them focus more on dealing effectively with
the increasing numbers of applications that the
Unit is receiving. Of course money is important in
keeping the Unit going and I’ve been involved in the
fundraising side of things a lot. I’ve also been involved
in awareness-raising for the Unit. All of this means that
more people in need of help can access the Unit.
Where do you want your career to go from here?
I either want to get into clerking in chambers or carry
on in legal administration, perhaps in a legal charity,
whilst I build up my qualifications so that I can become
a paralegal.
Unit Fundraising 2013
Friends in Law, in partnership with the Free•	
Representation Unit
£30 Initiative•	
Law School Challenge, in partnership with LawWorks•	
QC Appeal, in partnership with the Free Representation•	
Unit
London Legal Walk, in partnership with the Free•	
Representation Unit and London Legal Support Trust
Bar Conference raffle•	
Private Dinner at the National Café•	
Royal Courts of Justice Christmas stall•	
Spotlight on Fundraising: All the Fun of the Fair
On Thursday 28th November 2013, the Unit hosted its
first independent fundraising event, a private dinner at
the National Café located in the magnificent National
Gallery.
Sponsored by Smith  Williamson,
the sold-out evening featured
a three-course dinner by Head
Chef Ryan Perratt, vintage funfair
and retro sweets from Candy
Circus, and many more surprising
treats for our guests from the
senior legal sector, plus actor
Neil Stuke from BBC legal drama
Silk. Shereener Browne (Garden
Court) won the Golf Cup whilst Paul
Horsfield (Hardwicke) and Richard Snowden QC (Erskine
Chambers) were joint winners of the Darts Cup.
Proceeds from the private dinner went towards
sustaining our five caseworker posts. In light of the
challenges we face it is more important than ever that
we continue to maintain our current level of staffing to
adapt to the change as best we can.
Thank you to all who helped make the event a great
success.
Neil Stuke with Bar Pro
Bono Unit bear.
Volunteers.
Chris Broom, Neil Stuke and Sean Broom.
The cases came in, 2 by 2... Get on board!
Chancery Bar Litigant In Person Support Scheme•	
(CLIPS)
Court of Appeal Scheme•	
Employment Appeal Representation Service Scheme•	
(EARS)
Employment Appeal Tribunal Scheme•	
(EAT Scheme)
Employment Lawyers Appeals Advice Scheme•	
(ELAAS)
Employment Lawyers’ Association 100 Days Project•	
(ELA)
Inns’ Disciplinary Scheme•	
Joint CILEX Bar Scheme (JIB)•	
Personal Insolvency Litigation Advice •	
Representation Scheme (PILARS)
QBD (Court 37) interim hearing duty advocacy•	
scheme
Central Family Court interim hearing duty advocacy•	
scheme
It has been a year of wide-ranging and deeply
felt change for all involved in the legal arena. The
introduction of LASPO in April 2013 drastically
altered the legal aid landscape, eroding overnight
significant areas of public funding. The results
are yet to be truly felt or understood, but already
frontline agencies have been forced to shut down
whilst chambers, previously reliant on publicly-
funded work, have had to expand into new areas of
practice or likewise face closure.
As the Bar’s charity, the Unit has seen these dramatic
effects first hand, most clearly in the significant rise
in the number of people resorting to our service,
especially in areas of law such as family and welfare
benefits. As a result, the Unit’s resources have been
increasingly stretched. However, it is testament
to the good will and endless endeavour of our
supporters that we have been able to assist the
numbers we have.
But we can always help more. The number of
people who make it as far as the Unit is a drop in the
ocean compared to the number of those who are in
desperate need of legal assistance; and even those
we do try to assist are sometimes left disappointed
when we fail to find a volunteer.
Sarah Hannett, Matrix Chambers
Bar Pro Bono Award Winner 2013
“I was thrilled and honoured to be awarded the 2013
Award! It has undoubtedly boosted the profile of
the Matrix/City University School Exclusions Project.
The last six months have been a really exciting time
for the Project. We have received external funding to
allow us to pay for student representatives, to take
cases outside of London and to improve our website.
We also represented the parents of a child excluded from school in a case
that made the national press and issued our first appeal against a disability
discrimination decision in the Upper Tribunal.
The success of the Project, relying as it does on the talent and dedication
of both the existing and future Bar, offers some optimism about the future
of pro bono at the Bar. The Project does not and cannot replace the legal
aid that was withdrawn from appeals against school exclusions. It does,
however, go a modest way towards mitigating the hardships that the lack of
public funding would otherwise cause.”
You could also get involved through Bar in the Community
Bar in the Community (BiC) is a project run by the Unit to encourage
and facilitate voluntary opportunities for barristers, clerks, and chambers
personnel other than the provision of pro bono legal advice, including
not-for-profit organisation trusteeships, providing legal speakers, training,
and literature reviewers where necessary.
BiC’s Mentoring Scheme for front line agencies
Over the two-year period of their partnership Emma Dixon (Blackstone
Chambers) helped Emma Cotton (a front line social welfare law advice
worker) navigate the Equality Act 2010, gave a training session to her
advice team on disability discrimination law, and offered support and
advice with regards to advocacy and tribunal preparation. Emma Cotton
has now represented 25 clients at social security tribunals and has won 24
of these cases, and is now a tax and welfare rights adviser at Equity.
“Emma was a true inspiration when I needed it most. Her
assistance to me has benefitted a large number of vulnerable
people who needed advice. I do not think any of this would have
been possible had it not been for Emma and the Developing
Discrimination Advice Mentoring Scheme.”
Emma Cotton, Mentee
“The experience has enriched my life; has led me to explore new
areas of law; and has given me a chance to exercise different skills
from those I use in my day-to-day practice. To those members of
the legal profession considering doing something similar I would
say: go for it! A little bit of your time can go a very, very long way.”
Emma Dixon, Mentor
We couldn’t offer these services without the incredible willingness of the
Bar to respond to requests for assistance, so on behalf of BiC and the
many charities we support, thank you!
Over the last year the Unit has seen a
significant increase in the number of
new cases it receives month on month.
In 2012, we received a total of 1282
fresh applications for assistance over
the course of the year. In 2013, we
received 1673.
The Unit has continued to sign up
volunteer barristers to meet the
new levels of demand. Our panel
of volunteers, who are registered to
undertake pro bono work through
the Unit, grew to over 3300 barristers,
including around 500 Queen’s Counsel.
We can only ever be an adjunct to a
publicly-funded legal aid system.
That disappointment could be more easily avoided if the Unit was
able to rely on an even larger pool of volunteers than the 3,300 or so
who already assist us.
If ever there were a time to give up a little of your time to help those
most in need, it is now. So step forward, get on board, and help us
meet the challenge head-on!
Ways to get involved
Top Five Areas of Law
for Applications in 2013
1. Family
2. Employment
3. Property
4. Contract
5. Immigration
We understand the issues of a changing world
Working closely with barristers and chambers, we understand the particular factors
affecting your personal and professional financial position. Our expertise in investment
management and financial services, as well as tax, accounting and business services,
means we are ideally placed to advise barristers and sets of chambers.
Smith  Williamson is proud to sponsor the
Offices: London, Belfast, Birmingham, Bristol, Dublin, Glasgow, Guildford, Jersey, Manchester, Salisbury, Southampton and Worcester.
Smith  Williamson LLP Regulated by the Institute of Chartered Accountants in England and Wales for a range of investment business
activities. A member of Nexia International.
Smith  Williamson Investment Management LLP Authorised and regulated by the Financial Conduct Authority.
Smith  Williamson Financial Services Limited Authorised and regulated by the Financial Conduct Authority.
The Financial Conduct Authority does not regulate all the services referred to above.
The value of investments and the income derived from
them may fall as well as rise. Investors may not get
back their original investment.
Bar Pro Bono Unit
A clear view
For further information:
Nick Richards | nick.richards@smith.williamson.co.uk
www.smith.williamson.co.uk/barristers-and-chambers

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Bar Pro Bono Unit 2014 Annual Review

  • 1. 2013 Annual Review At the Turning of the Tide...
  • 2. From the Eye of the Storm Our 2013 Annual Review is testimony to the huge efforts made by the volunteer barristers and staff of the Bar Pro Bono Unit. With the help of more than 100 expert reviewers, our remarkable staff team of 10, supported by interns, deploy barristers from a pool that now exceeds 3300 in number. That team effort comes in the context of immense changes in the legal world. The Unit and the profession have faced a storm of pressures. So too has the advice sector, a crucial point of referral access to the Unit. In 2013 applications to the Unit were 50% higher than a year before. In the middle of this storm the Unit has sought to remain focussed. The Bar, through the Unit, has striven to work diligently to maximise its pro bono contribution, in service of the public interest. Only so much can be achieved however; it is clearer than ever that pro bono work can only play its part. It can be an adjunct to, but never a substitute for, a proper publicly-funded system of legal aid. The Unit remains proud that the overhead costs of the charity’s contribution to society are met by the profession and those close to the profession. Particular thanks must go to the Bar Council, the Inns of Court, the Employment Lawyers Association, a number of leading sets, and the large numbers of individual barristers who have supported us through the innovative ‘£30 Initiative’. We thank our staff, old and new, who have worked with real dedication, resilience and energy. We thank the clerks at the Bar, who play such a vital role. We thank our neighbours in the National Pro Bono Centre, which is proving a considerable success. Sincere appreciation is offered to the many referrers who worked with us to get the help the Bar can provide to where it is most needed. Alongside the advice sector and the profession itself, these referrers include judges, and they include MPs who in 2013 referred one in five of our applicants. The storm is not over, but from its eye we see many positive achievements. These speak of the determination of the profession, and its Unit, not to leave people in need of legal assistance without that assistance. We believe we have a record and a reputation in which we can take pride. We encourage those who can help and who are not doing so yet to come forward and join us. Credits Front cover: Snow Storm - Steam-Boat off a Harbour’s Mouth, exhibited 1842, Joseph Mallord William Turner (1775-1851) ©Tate, London 2014 Design: Andy Cooke The Bar Pro Bono Unit is a registered charity number, 1057620 and a company limited by guarantee, registered in England number 3237309. Bar in the Community is a registered charity number 1089907 and a company limited by guarantee, registered in England number 4211688. Wherever we go, no matter what the weather, we always bring our own case of sunshine… Unit Counsel assisted the applicant in the Court of Appeal in respect of an application to have a General Civil Restraint Order set aside. The Court of Appeal held the decision of the lower court was procedurally unjust. Unit Counsel also obtained a pro bono costs order. Priya Solanki represented our applicant in an immigration case which was successful and they met the criteria for leave to remain. Unit Counsel provided advice in conference and represented the applicant for a five-day hearing in an unfair dismissal case. The applicant was extremely happy with the outcome settlement of a higher sum than that initially offered. Unit Counsel provided assistance in successfully avoiding a hefty costs order. Sacha Ackland obtained £31,000 for a Unit applicant in a personal injury case. Unit Counsel assisted in the High Court arguing that an appeal for trademark opposition be dismissed; pro bono costs were ordered to the sum of £1,500. Unit Counsel successfully defended a possession claim which was dismissed on procedural grounds and resulted in a pro bono costs order of £1,000. Counsel attended an appeal representing the victim of a supermarket attack as they wanted to sue the supermarket for liability of employee’s actions. Daisy Hughes and Janice Brennan provided advice and representation in a complex family case which had a fantastic result with the court ruling in the applicant’s favour. Robin Knowles CBE QC Chair Rebecca Wilkie Chief Executive Nick Gallagher Interim Chief Executive
  • 3. Unit Process Every Cloud has a Silver Lining Shyam Popat (Shazam) Caseworker Silver Lining: Placing that case that can never be placed, and eating a chocolate sponge with chocolate sauce for dessert. Kuki Taylor (Kukster) Fundraising and Communications Manager Silver Lining: Understanding we’re making a genuine and positive difference to individuals’ lives. Plus, undoubtedly the Unit Family – staff, interns, trustees and panel members. Sam Burrett (Samuel Whiskers) Caseworker Silver Lining: Richard’s awful jokes and the Wall of Happiness Nick Gallagher (Sven) Interim Chief Executive Silver Lining: Assisting people who really need help and a walk through the centre of London. Rachel Feilden (Rach) Bar in the Community Manager Silver Lining: Fantastic colleagues. Alana Crayden (Baggio) Administrative Assistant Silver Lining: Positive motivation and the loyalty to one another and our work. Rebecca Wilkie (Barney) Chief Executive Silver Lining: The funds raised from the first year of the £30 Initiative which enabled us to update all our IT and recruit an administrative assistant. Rebecca Heald (Rebecca) Caseworker Silver Lining: Knowing the work the Unit does is essential. Richard Booth (Smooth) Caseworker Silver Lining: Reading (the activity, not the city) and Court of Appeal cases. Joanne Kane (Daisy) Caseworker Silver Lining: Seeing the generosity of the Bar every day. Also flowers and chocolates. We match-make members of the public, who need help but are unable to obtain legal aid and cannot afford to pay, with barristers who are willing to donate their time and expertise in deserving cases. The Unit ensures that in each case, the barrister providing assistance is of the same level of expertise and experience as would be expected in a paying case. Every application is subject to the same rigorous procedure of checking, reviewing, communicating with the applicant, allocating to a barrister where appropriate and closing down once the work is complete. Applicant approaches Unit via a referrer Application logged & papers checked Missing info or improper referral Back to Applicant to seek necessary information Application considered ready for review – sent to reviewing barrister Pool of reviewers Application rejected on review. Applicant given reasons Application accepted on review. Applicant informed Sea of Volunteers Unit searches for a volunteer barrister to complete work Volunteer barrister comes forward and is sent the papers Volunteer considers the papers Volunteer cannot assist and returns papers. Unit resumes search Volunteer can assist. Applicant told Work carried out by volunteer barrister Applicant requires further assistance File sent back to reviewing barrister to consider further work
  • 4. The Shipping Forecast In 2013 the Unit visited Citizens Advice Bureaux, law centres, MPs’ constituency offices, and advice agencies across England and Wales in preparation for the reforms to legal aid. The Unit asked these referral agency colleagues about their experiences since the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Rebecca Scott, Senior Solicitor and Legal Advice Manager at the Royal Courts of Justice CAB “We have had an influx of clients who would formerly have been eligible for legal aid (particularly in the area of family law). We would describe this influx as a crisis level. Our family appointments for the following week are usually gone within an hour or two of our telephone booking line opening on Monday morning and there are many clients in family cases we sadly have to turn away due to demand with no other free frontline agency to refer to. Clients that might have had legal help earlier under legal aid and have their problems resolved at an early stage are now coming to us with problems that have become complex and protracted and in a more distressed state. At the same time we have experienced funding cuts and have had to reduce the staff team which means fewer staff see more clients with all the tensions and problems this brings for clients and for staff. We refer a large amount of cases to the Unit every year. The Unit service completes our service as it provides the substantive advice and representation whereas we provide the procedural advice. This mirrors the private practice working relationship between solicitor and client. This enables an almost complete range of service to be provided free of charge to the client. The staff team are very friendly and approachable. We would be extremely curtailed in what we could do if the Unit did not exist. The Unit barristers are extremely skilled and specialists in their areas of law. To obtain this advice free of charge is a massive help to clients who cannot afford to get this advice elsewhere.” Gemma Smith, Manager, and Greg Bramwell, Deputy Team Leader, Child Law Advice Line, Coram Children’s Legal Centre “Firstly, our Child Law Advice and our Migrant Children’s Project Advice Line have both seen a marked increase in calls from members of the public who would previously have been able to access legal aid to fund legal advice and assistance. The areas of law which are particularly affected in respect of our services are child and family law where under LASPO generally parents who require advice about child arrangements (contact and residence) are no longer able to access legal aid. Secondly, generally immigration matters are now out of scope so we have seen an increase in calls from people who are trying to access legal advice on behalf of young people who are in the UK but have not regularised their immigration status. We have had a caller who was extremely unwell and your organisation was able to help us support him in getting his information together for a short notice hearing, and provide the support he desperately required. The service that I work on (Child Law Advice Line) is unable to provide representation. We get callers from all over England who are looking for support and have complex cases who are not entitled to funding or cannot pay privately, and therefore we cannot refer in-house. The BPBU provides an invaluable service to these callers who would otherwise be left to fend for themselves in unknown legal environments. We are therefore able to offer the potential services of the BPBU to our callers so that the legal challenges they face could be drastically reduced.” Nick Whittingham, Chief Executive, Kirklees Law Centre “We no longer do any immigration work. We have experienced a reduction in capacity/resource for discrimination, employment and welfare benefits work and increased contracts for asylum work. Generally, we can assist clients with advice and can represent where the resource required is not too great. However, we would struggle to represent clients in complex cases which might run over several days because we cannot spare the resource.”
  • 5. I used to get those e-mails from the Bar Pro Bono Unit and scoff. What barrister in their right mind would spend 3 days in court and get paid nothing? What clerk in their right mind would want their barristers doing it? Then came the LASPO cuts. The chambers I clerk is a specialist family law set and we saw the devastating effects of the cuts up close. This changed my perception of the idea of pro bono work. When LASPO came in there were people who overnight were no longer eligible for legal aid. People with genuine complex legal problems, mostly involving children, were expected to go to court and argue their own case. This would often mean having to face an abusive former partner in court who may well have been able to afford representation. This struck a chord with me and with my barristers and we have been actively promoting the work the Unit does both within chambers and externally. Family referrals to the Unit have soared in recent years and there is no chance of this trend changing in the short or medium term. It is vital that all barristers do whatever they can to assist the Unit in helping some of the most vulnerable people in our society. The words of the Bar are”do right, fear no one”. To sign up to the Bar Pro Bono Unit is most definitely to do right. Scott Baldwin Senior Clerk St Mary’s Chambers Steering the Ship Life Preservers Every application we receive is reviewed by a senior barrister in order to decide whether it is appropriate for the Unit to try to find help. The reviewers’ input acts as a crucial filter to ensure that finite volunteer resources are allocated fairly and effectively. They donate their time tirelessly to ensure the Unit provides access to the Bar for those most in need. We asked our reviewers why they support the Unit. Here are a few of the responses: “I believe in pro bono”. “I wanted to support an organisation that does crucial work”. Chambers have been aware of the Unit since it was first set up. Publicity through the Unit, its staff, and the Bar Council, has helped reinforce that. All barristers want to be able to help those who have no resources to pay for legal assistance. Now that legal aid is even more restricted the need for the Unit is even more necessary. Chambers benefits from being involved with the Unit by dealing with some interesting cases which provide useful experience. But if Government funding continues to be reduced barristers will be put under great pressure making the Bar Pro Bono Unit work more difficult. The Unit is vital to the provision of legal services to the Bar and the public at large and should be supported. Janet Jackson Senior Clerk New Park Court Chambers The enthusiasm and hard work of the caseworkers never ceases to amaze me. In incredibly difficult times with the savage cut backs to our legal aid system they continue to represent everything good about the Bar Pro Bono Unit by working all hours to try their very best to enable people not able to afford representation to have a chance for justice sadly denied them by the State. They are the behind the scenes heroes that we must not forget and I am pleased to be able to acknowledge their hard work and dedication. Chris Broom Senior Clerk, Gray’s Inn Tax Chambers “I was struck by the deserving need of so many of the applicants”. “It is a way to contribute to an area of real social need”. Gavin Smith 1 Hare Court Ben Collins Old Square Chambers Claire Reffin One Essex Court Paul Keleher QC 25 Bedford Row Paul Infield 36 Bedford Row Patricia Hitchcock QC Cloisters Brie Stevens Hoare QC Hardwicke Francis Wilkinson Field Court Chambers Jonathan Karas QC Falcon Chambers Rebecca Richardson Hardwicke Victoria Wakefield Brick Court Chambers Specialist 35% Generalist 25% Chancery5% Employment 18% Family 17% Scott Baldwin St Mary’s Family Law Chambers
  • 6. Singing in the Rain - Celebrating our Supporters Core Funding The General Council of the Bar The Honourable Society of Gray’s Inn The Honourable Society of the Inner Temple The Honourable Society of Lincoln’s Inn The Honourable Society of the Middle Temple Financial support Chambers 11KBW 12 King’s Bench Walk 3 Dr Johnson’s Buildings 4 Stone Buildings 42 Bedford Row 5RB 6 KBW College Hill (Chambers of David Fisher QC and David Perry QC) Blackstone Chambers Brick Court Chambers Carmelite Chambers Cloisters Coram Chambers Devereux Fountain Court Chambers Hardwicke Keating Chambers One Crown Office Row One Essex Court (Chambers of Lord A S Grabiner QC) Queen Elizabeth Building Renaissance Chambers South Square Specialist Bar Associations Chancery Bar Association Employment Lawyers Association Other organisations The Access to Justice Foundation Smith & Williamson Former caseworkers Tom Copeland Hannah Stratton Rhiannon Wilcock Management Committee Members Robin Knowles CBE, QC (Chairman) Christine Kings (Treasurer) Philip Brook Smith QC Chris Broom Ann Buxton William Edis QC Nick Hanning Andrew Hillier QC Rebecca Hilsenrath Paul Newdick CBE, QC Jane Rayson Diane Sechi Sharif Shivji Michael Todd QC Antony Zacaroli QC In Kind Support Anderson McKenzie Consulting Ltd for pro bono IT support DX Network Services Ltd for DX services Hogan Lovells for provision of meeting room facilities Not Just Stationery for printing services Outer Temple Chambers for finance training Place Campbell Chartered Accountants for payroll and accountancy services ThinkingWell for staff training session Weil, Gotshal & Manges for seconded staff Weil, Gotshal, & Manges seconded volunteers Kirsty Burrows Ramen Costa Clementine Dowley Chris Evans Matt Feehily Nathalie West Interns Adele Akers Victoria Dawber Sarah Day Amrit Dhanoa Sophie Eastwood Paul Froud Victoria Gaisford Elizabeth Garcia Pauline Giroux Alexandra Hearne Rachel Hutchings Anna Ilopoulou Anushka Kangesu Joss Knight Michael Kokkinoftas Matthew Maddison Jacenta Mubiru Chisanga Mwila Vondez Phipps Alexandra Pountney James Krumrey Quinn Alice Scott Shruti Sharma Annell Smith Paige Tompkins Alexander Whatley Evan Whittal-Williams
  • 7. Staying Afloat Events Individuals Chambers £30 Initiative Employment Lawyers Association Inns of Court Bar Council 14% 11% 13% 17% 6% 19% 20% Income Thanks to the generous donations of individual barristers following the launch of the ‘£30 Initiative’ the Unit was able to recruit Alana Crayden, who joined us in October 2013 as an apprentice whilst studying for the CILEx level 3 Legal Apprenticeship. Alana is passionate about pursuing a career in the legal world. She is also a motivated athlete, currently a European and national champion rower. She also plays hockey for Kent Ladies. How did you find out about the apprenticeship scheme and the Unit? I was researching legal apprenticeships and wanted to work in London. I came across a learning opportunity through BPP with work experience at the Unit. They wanted someone who was confident, energetic and with a bubbly character. I thought I fitted that description and the work fitted what I was interested in. Also it was in the pro bono legal field and I was interested to see how that worked. Again in 2013, the Bar helped keep us afloat. This meant that we were able to maintain our independence by not asking for public funding. We were delighted to have the ongoing support of the Bar Council, Inns of Court, chambers and our regular individual donors. Excitingly, we also had a new lifeline in the form of the ‘£30 Initiative’. This additional funding allowed us to maintain an extra caseworker which has been vital as demand for assistance has mushroomed. We were also able to recruit an administrative assistant (see more on facing page). What do you do at the Unit? It’s been incredible. I work on the fundraising and admin sides of things. I also support caseworkers, which has really developed my skills. I’ve also been able to work on managing fundraising events such as the Law School Challenge. I go out to events to publicise what the Unit does and how it works. I’ve also done loads of research for the team. I’ve written copy for brochures and have completed a lot of data analysis and inputting. For work experience outside the Unit I’ve spent time with the clerking teams in two sets and have had exposure to loads of areas of law and the different legal professions. Did you expect that this is the kind of thing you would be doing? I came in with an open mind not being absolutely sure what to expect in my first job. I did expect to be challenged and the Unit has been really flexible in how it’s made use of my time and developed my skills. It’s worked well all-round. How does what you are doing have an impact on the lives of people most in need of legal assistance? I take some of the admin load off caseworkers which helps them focus more on dealing effectively with the increasing numbers of applications that the Unit is receiving. Of course money is important in keeping the Unit going and I’ve been involved in the fundraising side of things a lot. I’ve also been involved in awareness-raising for the Unit. All of this means that more people in need of help can access the Unit. Where do you want your career to go from here? I either want to get into clerking in chambers or carry on in legal administration, perhaps in a legal charity, whilst I build up my qualifications so that I can become a paralegal. Unit Fundraising 2013 Friends in Law, in partnership with the Free• Representation Unit £30 Initiative• Law School Challenge, in partnership with LawWorks• QC Appeal, in partnership with the Free Representation• Unit London Legal Walk, in partnership with the Free• Representation Unit and London Legal Support Trust Bar Conference raffle• Private Dinner at the National Café• Royal Courts of Justice Christmas stall• Spotlight on Fundraising: All the Fun of the Fair On Thursday 28th November 2013, the Unit hosted its first independent fundraising event, a private dinner at the National Café located in the magnificent National Gallery. Sponsored by Smith Williamson, the sold-out evening featured a three-course dinner by Head Chef Ryan Perratt, vintage funfair and retro sweets from Candy Circus, and many more surprising treats for our guests from the senior legal sector, plus actor Neil Stuke from BBC legal drama Silk. Shereener Browne (Garden Court) won the Golf Cup whilst Paul Horsfield (Hardwicke) and Richard Snowden QC (Erskine Chambers) were joint winners of the Darts Cup. Proceeds from the private dinner went towards sustaining our five caseworker posts. In light of the challenges we face it is more important than ever that we continue to maintain our current level of staffing to adapt to the change as best we can. Thank you to all who helped make the event a great success. Neil Stuke with Bar Pro Bono Unit bear. Volunteers. Chris Broom, Neil Stuke and Sean Broom.
  • 8. The cases came in, 2 by 2... Get on board! Chancery Bar Litigant In Person Support Scheme• (CLIPS) Court of Appeal Scheme• Employment Appeal Representation Service Scheme• (EARS) Employment Appeal Tribunal Scheme• (EAT Scheme) Employment Lawyers Appeals Advice Scheme• (ELAAS) Employment Lawyers’ Association 100 Days Project• (ELA) Inns’ Disciplinary Scheme• Joint CILEX Bar Scheme (JIB)• Personal Insolvency Litigation Advice • Representation Scheme (PILARS) QBD (Court 37) interim hearing duty advocacy• scheme Central Family Court interim hearing duty advocacy• scheme It has been a year of wide-ranging and deeply felt change for all involved in the legal arena. The introduction of LASPO in April 2013 drastically altered the legal aid landscape, eroding overnight significant areas of public funding. The results are yet to be truly felt or understood, but already frontline agencies have been forced to shut down whilst chambers, previously reliant on publicly- funded work, have had to expand into new areas of practice or likewise face closure. As the Bar’s charity, the Unit has seen these dramatic effects first hand, most clearly in the significant rise in the number of people resorting to our service, especially in areas of law such as family and welfare benefits. As a result, the Unit’s resources have been increasingly stretched. However, it is testament to the good will and endless endeavour of our supporters that we have been able to assist the numbers we have. But we can always help more. The number of people who make it as far as the Unit is a drop in the ocean compared to the number of those who are in desperate need of legal assistance; and even those we do try to assist are sometimes left disappointed when we fail to find a volunteer. Sarah Hannett, Matrix Chambers Bar Pro Bono Award Winner 2013 “I was thrilled and honoured to be awarded the 2013 Award! It has undoubtedly boosted the profile of the Matrix/City University School Exclusions Project. The last six months have been a really exciting time for the Project. We have received external funding to allow us to pay for student representatives, to take cases outside of London and to improve our website. We also represented the parents of a child excluded from school in a case that made the national press and issued our first appeal against a disability discrimination decision in the Upper Tribunal. The success of the Project, relying as it does on the talent and dedication of both the existing and future Bar, offers some optimism about the future of pro bono at the Bar. The Project does not and cannot replace the legal aid that was withdrawn from appeals against school exclusions. It does, however, go a modest way towards mitigating the hardships that the lack of public funding would otherwise cause.” You could also get involved through Bar in the Community Bar in the Community (BiC) is a project run by the Unit to encourage and facilitate voluntary opportunities for barristers, clerks, and chambers personnel other than the provision of pro bono legal advice, including not-for-profit organisation trusteeships, providing legal speakers, training, and literature reviewers where necessary. BiC’s Mentoring Scheme for front line agencies Over the two-year period of their partnership Emma Dixon (Blackstone Chambers) helped Emma Cotton (a front line social welfare law advice worker) navigate the Equality Act 2010, gave a training session to her advice team on disability discrimination law, and offered support and advice with regards to advocacy and tribunal preparation. Emma Cotton has now represented 25 clients at social security tribunals and has won 24 of these cases, and is now a tax and welfare rights adviser at Equity. “Emma was a true inspiration when I needed it most. Her assistance to me has benefitted a large number of vulnerable people who needed advice. I do not think any of this would have been possible had it not been for Emma and the Developing Discrimination Advice Mentoring Scheme.” Emma Cotton, Mentee “The experience has enriched my life; has led me to explore new areas of law; and has given me a chance to exercise different skills from those I use in my day-to-day practice. To those members of the legal profession considering doing something similar I would say: go for it! A little bit of your time can go a very, very long way.” Emma Dixon, Mentor We couldn’t offer these services without the incredible willingness of the Bar to respond to requests for assistance, so on behalf of BiC and the many charities we support, thank you! Over the last year the Unit has seen a significant increase in the number of new cases it receives month on month. In 2012, we received a total of 1282 fresh applications for assistance over the course of the year. In 2013, we received 1673. The Unit has continued to sign up volunteer barristers to meet the new levels of demand. Our panel of volunteers, who are registered to undertake pro bono work through the Unit, grew to over 3300 barristers, including around 500 Queen’s Counsel. We can only ever be an adjunct to a publicly-funded legal aid system. That disappointment could be more easily avoided if the Unit was able to rely on an even larger pool of volunteers than the 3,300 or so who already assist us. If ever there were a time to give up a little of your time to help those most in need, it is now. So step forward, get on board, and help us meet the challenge head-on! Ways to get involved Top Five Areas of Law for Applications in 2013 1. Family 2. Employment 3. Property 4. Contract 5. Immigration
  • 9. We understand the issues of a changing world Working closely with barristers and chambers, we understand the particular factors affecting your personal and professional financial position. Our expertise in investment management and financial services, as well as tax, accounting and business services, means we are ideally placed to advise barristers and sets of chambers. Smith Williamson is proud to sponsor the Offices: London, Belfast, Birmingham, Bristol, Dublin, Glasgow, Guildford, Jersey, Manchester, Salisbury, Southampton and Worcester. Smith Williamson LLP Regulated by the Institute of Chartered Accountants in England and Wales for a range of investment business activities. A member of Nexia International. Smith Williamson Investment Management LLP Authorised and regulated by the Financial Conduct Authority. Smith Williamson Financial Services Limited Authorised and regulated by the Financial Conduct Authority. The Financial Conduct Authority does not regulate all the services referred to above. The value of investments and the income derived from them may fall as well as rise. Investors may not get back their original investment. Bar Pro Bono Unit A clear view For further information: Nick Richards | nick.richards@smith.williamson.co.uk www.smith.williamson.co.uk/barristers-and-chambers