Stephen Bartlet-Jones


Overview | Practice Areas | Direct Access/ADR
Education/Awards | Reported Cases | Memberships
Pro Bono Work | Teaching/Lecturing | Publications






Overview

Stephen is an experienced advocate across all areas of family law and criminal defence, with a broad advisory practice extending to chancery, judicial review, employment and planning.

He is well-known for his perceptive analysis of law and evidence, and his skill as a hard-hitting advocate. No less important are his constructive but firm approach to negotiation, and his frank, practical advice.

Within family law, he routinely appears in matrimonial and family property disputes (ancillary relief, trusts of land/cohabitation, child support and probate), public and private law children matters and emergency injunction matters (including forced marriage cases), including those complicated by an international element.

His generalist law centre background and broad advisory practice give him versatility where legal problems do not fit neatly into a single practice area, while still allowing him to offer clients all the advantages of a specialist family advocate with a busy court practice. This makes him an ideal choice for cross-over cases (e.g. family/housing, family/immigration, family/JR) and for criminal prosecutions arising from domestic violence where a fact-finding is also likely to be held.

He can also be booked to give lectures, training and seminars in his relevant practice areas to firms, charities/organisations, and students.

Direct Access and Alternative Dispute Resolution

Stephen is direct access qualified.

He also accepts instructions for early neutral evaluations (including where fact-finding meetings are required), collaborative law and round-table/caucus meetings (both pre-issue and during proceedings). From May, 2012 he will begin accepting instructions to conduct mediations (both publicly and privately funded).

Overview
Practice Areas | Reported Cases | Education/Awards






Areas of practice

Stephen practises in the following areas (click on the area for his specific experience and notable cases in each area):


Overview
Practice Areas | Reported Cases | Education/Awards






Teaching and Lecturing

Stephen regularly gives practitioner seminars on ancillary relief, cohabitation and probate matters, as well as on more general advocacy techniques for family practitioners. He accepts commissions from firms, local authorities and other organisations to do in-house CPD-accredited training.

He also teaches law at LLB-level, as well as lecturing to forensic science BSc students and Ilex students. He has teaching/lecturing experience for

  • Oxford University
  • Queen Mary (University of London)
  • Thames Valley University (now the University of West London)
  • Reading College
  • Metropolitan University
  • Dyson Legal Training Ltd
and (in a slightly different vein) Wilson's School, where he has twice stood in for the head of classics.

He is involved more broadly in legal education, both through his Inn (where he is a Sponsor) and through judging moots and mock trials for a variety of competitions, including the English Speaking Union/Essex Court Chambers National Mooting Competition, the College of Law (London) and the final of the Surrey University Mooting competition (alongside the Honorary Recorder of Guildford in the Guildhall).

Overview
Practice Areas | Reported Cases | Education/Awards






Pro Bono Work

Stephen has been invited to 10 Downing Street and Washington DC in recognition of his pro bono work, and has won both team and individual awards for his volunteering.

He currently volunteers on a weekly basis at Waterloo Legal Advice Service and is setting up a community mediation service.

Immediately before his call to the bar, he was the Assistant Co-ordinator of the oldest legal advice centre in the country, Toynbee Hall LAC in Tower Hamlets. Whilst there, he was involved in setting up the Noor Bengali Women's Advice Service, and in giving legal advice to other Toynbee Hall charities (including some listed below). He subsequently remained on the legal advice subgroup of the trustees for several years.

Some of the charities to which he has given time or advice are:

Stephen has been invited to lecture at a number of Masjids (Mosques) and Muslim charities on writing Islamic wills under English law and individuals' rights under the law. He was also consulted over the setting up of the (now well-established) legal advice centre at the East London Mosque. Although not a Muslim himself, he is also a former member of the Association of Muslim Lawyers' Human Rights Working Party.

Stephen accepts cases via the Bar Pro Bono Unit as well as advising charities on applying to take on an amicus curiae/Counsel to the Court role in litigation.


Overview
Practice Areas | Reported Cases | Education/Awards






Education and Awards

F.R.S.A. 2012 Fellow of the Royal Society
of Arts
Qualified for Family Mediation 2012 ADRg (Family Mediation
Council-approved)
F.Inst.CPD 2010 Fellow of the Institute of Continuing Professional Development
Qualified for Direct Access work 2009 College of Law
(BSB approved)
LawWorks Best Pro Bono Partnership 2008 As part of the St Hilda's East Legal Advice Centre team
Pupillage 2004-5 1 Pump Court Chambers
Called to the Bar 2004 Lincoln's Inn
Attorney General's Pro Bono Challenge Award:
1st Individual Prize 		2004 Awarded in the House of Lords by a panel including Lord Woolf CJ, Cherie Booth QC, Michael Mansfield QC, the Attorney General and the Solicitor General
Dip.Law. (Bar Finals / BVC) 2003-4 Inns of Court School of Law (ICSL)
Young Solicitors Pro Bono Award: 1st Team Prize 2003 As part of the Toynbee Hall Legal Advice Centre team
Pg.D.L. (CPE) 2002-3 City University, London
Linklaters Residential Volunteer and Legal Advisor 2002-4 Toynbee Hall
Hardwicke Scholarship 2002 Lincoln's Inn
M.A.(Oxon) 1998-2002 Literae Humaniores
Lady Margaret Hall, Oxford
Highest Flyers Award
(top 150 GCSE results nationally) 		1996 Institute of Mechanical Engineers (IMechE)
1992-8 Wilson's School, Wallington (state sector)






Professional Memberships

  • ADRg (Alternative Dispute Resolution Group)
  • Family Law Bar Association (FLBA)
  • Criminal Law Bar Association (CBA)

Overview
Practice Areas | Reported Cases | Education/Awards






Reported and Notable Cases

Stephen has been instructed in a number of cases which have been reported widely in the law reports and mainstream media, including:
  • R (Parental Responsibility and Permanent Removal From the Jurisdiction) [2011] 2 FLR 1132; [2011] Fam Law 939. Sole Counsel for the successful respondent opposing PR for a psychological parent. Case analysed at 
    • How many parents does a child need? Fam. Law 2012, 42(Mar), 313- 318, and
    • Parental Responsibility Fam. Law 2011, 41(Sep), 939-940

  • John Arthur v London Eastern Railways (t/a One Stansted Express) [2006] EWCA Civ 1358; [2007] I.C.R. 193; [2007] I.R.L.R. 58; (2006) 103(43) L.S.G. 30 (and IDS Emp. L. Brief 2006 819, 8-9 and Emp. L.J. 2007, 78(Mar), 21-24): leading Counsel for the successful Appellant.  Case analysed at
    • Whistleblowing: a shield or a sword? Emp. L.J. 2007, 78(Mar), 21-24;
    • Extra time for whistleblowers; N.L.J. 2007, 157(7254), 14-15;
    • Whistleblowing: time limits in detriment claims IDS Emp. L. Brief 2006, 819, 8-9

  • R. (on the application of Mullane) v West Berkshire Safer Communities Partnership [2006] Inquest L.R. 170 (Admin): junior Counsel for Refuge in relation to a JR of the pilot Domestic Violence Homicide Review into the Pemberton Murders

  • Advised the Save Ally Pally campaign to seek judicial review of the plans for Alexandra Palace (successfully - see R (O'Callaghan) v Charity Commission for England & or [2008] W.T.L.R. 117 (Admin)):

  • "Baby K" (2011) (widely reported care proceedings)

  • N (2010) (a case where a father had murdered a mother)

  • S (2010) (a case where a mother had killed one of her children with poison)

  • A (2008) (junior counsel in relation to a murder at Lewes Crown Court), having secured acquittals as Counsel appearing alone in a number of related s.18 GBHs with weapons in Southwark, Snaresbrook and Inner London Crown Courts.

  • Defence Counsel in a number of the Parliament Square Protest cases.

  • A (Fact-finding hearings) [2009] EWHC: Counsel for the successful Appellant from a fact-finding hearing which was unsafe due to the evidence having been heard at 9 part-heard hearings over a 7 month period.

  • Litigation arising out of BBC Whistleblower's 8 month investigation into Foxtons.

  • Williams Lea ltd v O'Reilly & or [2005] UKEAT/0416/05/ZT (EAT) and Campbell v Williams Lea ltd: leading Counsel representing 29 former employees who won a record protective award after sham redundancy consultation exercise, and defending it at the EAT. Stephen also successfully represented a "long-term temp" whose contract the employer believed it could terminate for supporting the main action; this case had a significant impact across the city since it heralded the "employee" status of many long-term temp workers.

  • AA v NA & anor [2010] EWHC 1282 (Fam) [2010] 2 F.L.R. 1173; [2010] 3 F.C.R. 327; [2010] Fam. Law 913 (A/R aspects)

Overview
Practice Areas | Reported Cases | Education/Awards






Publications

 

Stephen was a researcher for Elizabeth Lawson QC on the Blackstone’s Guide to the Domestic Violence, Crime and Victims Act 2004 and has published the following articles:

  • New Law Journal: Extra Time for Whistleblowers (N.L.J. 2007, 157(7254), 14-15)


Overview
Practice Areas | Reported Cases | Education/Awards






Specific Practice Areas

Matrimonial and Family Property Disputes

Stephen routinely appears in all of the following types of proceedings:

  1. Ancillary relief (financial orders ancillary to divorce/civil partnership) including those with assets across several jurisdictions;

  2. Trusts of Land and Appointment of Trustee Act 1996 s.14 claims, particularly in relation to cohabitee or joint family property disputes;

  3. Applications for settlement of property under Schedule 1, Children Act 1989;

  4. Child Support (including appeals to the Child Support Commissioners);

  5. Pre- and post-nuptial agreements (drafting and enforcement);

  6. Probate claims;

  7. Inheritance (Provision for Family and Dependants Act 1975) claims;

  8. Civil claims for recovery of dowries.

  9. International aspects of divorce/civil partnership such as forum non conveniens, registration of overseas divorces for the purposes of A/R proceedings, bigamous/polygamous marriages, enforcement of foreign judgments;

In this field, Stephen has appeared for a number of familiar names in the fields of sport, business and entertainment industries, and in cases where assets are hidden overseas, in companies or with third parties. He is also unashamed to appear regularly in cases where the value of the assets is more limited: these are often the most challenging cases, calling for sensitive, creative and realistic solutions.

Stephen gives regular lectures and seminars to professionals in this field, including bespoke training commissioned by individual firms. He also lectures in this field to undergraduates.

He was Counsel on the ancillary relief aspects of AA v NA & Anor [2010] EWHC 1282; [2010] 2 F.L.R. 1173; [2010] 3 F.C.R. 327; [2010] Fam. Law 913.  He has experience in the Court of Appeal and has appeared in numerous ancillary relief appeals to Circuit or High Court Judges.


Overview
Practice Areas | Reported Cases | Education/Awards







Public Law Children Matters

Stephen regularly appears in care proceedings on behalf of parents and children. He has trained social workers and lawyers at local authority children's services departments in the London Boroughs.

He has extensive experience in dealing with cases involving non-accidental injuries to children (including head injuries multiple fractures/bruising, shaking, burning), sexual abuse of children and serious neglect of children. He has appeared cases where one parent has killed the other or a child. He has experience of representing parents with physical disabilities or chronic illnesses, and those with mental health issues (including parties for whom the Official Solicitor is acting).

In many of such cases, his firm, sensible advice and patience have slowly broken down the mutual suspicion that often builds up between parents and social workers and have contributed to:

  • rehabilitation to both parents after
    • multiple fractures spread over a 10 month period in a 2-10 month old child were found to have been caused by the parents (which they continued to deny throughout the proceedings),
    • there had been domestic violence between the parents and drug use by the father;
    • the risk assessment at final hearing had said rehabilitation of the parents, if possible at all, would be either impossible or outside the parents' timescales;

  • rehabilitation to a mother with severe learning difficulties who had failed two viability assessments;

  • rehabilitation to an alcoholic mother who had several times returned to a violent partner and schedule 1 offender;

  • contact being granted for a mother who had killed the child's sibling;

Stephen was Counsel for the Mother in the widely reported case of "Baby K" 2011 and in Re S [2012] EWHC which considered the question of whether, in a case where the parents know the identity of the proposed adoption placement, a parent can make objections based on that identity in light of s.52(5) of the Children Act 2002.

 

Overview
Practice Areas | Reported Cases | Education/Awards







Private Law Matters

Frequently appearing in the full range of s.8 CA 1989 and wardship proceedings, Stephen is often instructed in cases where there has been serious domestic violence (in which his background in criminal and care work is particularly helpful) and cases with an international element including:

  • applications for leave to permanently remove a child from the jurisdiction, and

  • child abduction applications (both to and from the UK).

Notable cases have included:

  • R (Parental Responsibility and Permanent Removal From the Jurisdiction) [2011] 2 FLR 1132; [2011] Fam Law 939 (a parental responsibility order is not an appropriate order to be granted to an "outgoing" step-parent who is also a child's psychological parent and having contact with the child);

  • A (Fact-finding hearings) [2009] EWHC (Fam): conduct of fact-finding hearings; judgment unsafe due to the intervals between adjournments of the part-heard final hearing being too long;

  • Re ML [2011]: representing a father facing allegations of sustained sexual abuse of a child by a father (no findings made) and child abduction to Ecuador by a mother.

  • Re M [2011], S v K [2011]: cases involving allegations of high-level sexual abuse of children (the latter at an application to re-open those findings based on new evidence and then at an appeal).

  • M v M [2011]: obtained a shared residence order in a case where the children refused to have any contact with their mother.

  • H v I [2008]: representing a father accused of serious sexual abuse, rape of a mother, imprisoning the mother and arranging for her to be raped by third parties, and violence against a child (and in which the allegations were dismissed).

  • A v K & or (2007) EWHC: whether a child can have dual habitual residence; forum, Ghana.

  • P v P [2006]: representing a mother who was accused of attempting to murder her child.

  • M v T [2011]: cases involving the appropriateness of a child giving evidence and/or speaking to the Judge in Chambers in relation to factual allegations.

Overview
Practice Areas | Reported Cases | Education/Awards







Emergency Injunctions

Stephen deals with all forms of emergency injunctions, including Forced Marriage Protection Orders (Forced Marriage Act 2007), occupation and non-molestation orders (Family Law Act 1996, Part IV), financial freezing/set-aside orders under (Matrimonial Causes Act 1973, s.37). Notable cases included:

  • B v B [2011]: protecting a profoundly deaf and dumb, non-English-speaking client from a violent husband (who later became a schedule 1 offender).

  • H v R &or[2010]: Out-of-hours injunction against 15 Respondents to allow a client to recover sole possession of her home after family members had invaded it, hidden her belongings and convinced the police that she had never lived there.

  • K v A &or [2009] EWHC: Forced marriage protection order against 7 Respondents

  • T v T [2008]: Whether an occupation order can be used for protection of property rather than protection of person.

 


Overview
Practice Areas | Reported Cases | Education/Awards







International Aspects of Family Law

Stephen has a strong interest in international aspects of family law. He is often instructed in cases involving foreign divorces or assets, where forum is in issue or in child abduction or leave to remove cases. His submissions on forum in the case of K v K [2010] EWHC before Singher J were placed before the Family Justice Council's International Family Law Committee to assist it in considering the ramifications of Brussels II Article 3 on non-convention cases.

He has particular experience of cases involving the South Asian subcontinent, especially Bangladesh, India, Pakistan, and Sri Lanka.

He has (in conjunction with locally qualified lawyers) directly advised or appeared in litigation in the South Africa (Cape Town), Trinidad and Tobago (Privy Council), Jamaica (Privy Council), Cyprus (Southern) and Belize (Belize City).

In addition to the European Court of Human Rights, Stephen has attended hearings in the courts of France, Switzerland, Greece, the US (Washington DC and New York), South Africa (Cape Town), Trinidad and Tobago, Belize and India (Maharashtra).

In connection with cases heard in England and Wales, he has researched the legal systems of Ghana, Morocco, Algeria, Tanzania, Brazil, Ecuador, Russia, Vietnam (to name but a few).

He has been instructed to advise on the ECHR aspects of a ship impounded in Russia, Privy Council criminal cases in Jamaica and Trinidad, and has appeared in a number of extradition proceedings at Horseferry Road.

Stephen has a working level of French and German, as well as degree-level Latin and Ancient Greek. For the purposes of various cases, charity work and travel he has a basic grounding in written Bangla (Bengali), Hindi, Farsi (Persian), Italian, Spanish, and Modern Greek, all of which can be useful when checking the accuracy of translated documents or faced with untranslated documents at Court.

He is familiar with the law of the Falklands Islands and is willing to accept referral work or direct access instructions from that jurisdiction.


Overview
Practice Areas | Reported Cases | Education/Awards







Criminal Defence

Stephen has experience across the full range of criminal cases both as junior and sole Counsel, including serious violence (including murder), public order offences and frauds. He was also Counsel in a number of the parliamentary square protester cases.

He has particular expertise in serious domestic violence cases (including rape, those with a sexual element and those involving child victims) in both the criminal and family courts, which makes him the perfect choice of Counsel for such cases. He is often instructed to defend both criminal prosecutions and fact-finding/causation hearings in the family courts, and where appropriate will always give comprehensive advice on the effect of a decision in one court on proceedings in another. Where breach of a non-molestation order is a feature of the case, he is ideally placed to spot procedural defects in the making of the original order.

Stephen has experience of a defending wide range of fraud and dishonesty offences, including high value benefits frauds extending over many years, identity frauds and embezzlement from an employer. He is assisted in these cases by many years experience in analysing complex financial dealings in matrimonial proceedings, including overseas asset tracing and company accounts.

Stephen has appellate experience to the Court of Appeal, High Court (by case stated) and Crown Court (from verdicts/sentences of the Magistrates Court).


Overview
Practice Areas | Reported Cases | Education/Awards







Planning Law

Stephen has a growing planning-law practice, including on a direct access basis instructed by objector/campaign groups. He has experience from local council meeting level up to judicial review.

He has a particular interest in cases involving heritage and archaeology, and is an affiliate member of the Institute for Archaeologists (IfA). He is currently working on a legal reference site for professional field archaeologists (www.law-for-archaeologists.com). Stephen's degree had a heavy leaning towards classical archaeology (in which he came top of his Oxford year), and for interest while at the Bar he has pursued Open University courses in practical archaeology and the science of archaeology. Combining his degree and his profession, Stephen continues to research Roman Family Law as a hobby.


Overview
Practice Areas | Reported Cases | Education/Awards






Judicial Reviews

Although principally involved in JRs challenging local authority children's services departments, Stephen's experience is somewhat broader and has included:

  • advising Refuge as interveners in a JR into the pilot Domestic Violence Homicide Review in preparation for s.9 of the Domestic Violence, Crime and Victims Act 2004 (R. (on the application of Mullane) v West Berkshire Safer Communities Partnership [2006] Inquest L.R. 170 (Admin));

  • advising the "Save Ally Pally" campaign to seek judicial review of the decision to turn Alexandra Palace over to a commercial developer which would have made it a hotel/casino/night club venue (which they succeeded in doing: R (O'Callaghan) v Charity Commission for England & or [2008] W.T.L.R. 117 (Admin).)

  • advising a consortium of law centres in respect of a potential judicial review against the Community Legal Service (the matter was successfully settled).

  • A number of immigration judicial reviews based on European Convention on Human Rights art. 8 principles (all successfully settled).

  • Advising on a number of education-related judicial reviews. Stephen is trained as a legal adviser to the Schools Appeals Tribunal.
Overview
Practice Areas | Reported Cases | Education/Awards






Employment Law

Having specialised in Employment Law prior to his call at the bar, Stephen has continued to work in all aspects of this area. He has particular experience of collective redundancy negotiations/litigation, discrimination (including whistleblowing) and TUPE mergers.

His notable cases in this area include:

  • John Arthur v London Eastern Railways (t/a One Stansted Express) [2006] EWCA Civ 1358; [2007] I.C.R. 193; [2007] I.R.L.R. 58; (2006) 103(43) L.S.G. 30 (and IDS Emp. L. Brief 2006 819, 8-9 and Emp. L.J. 2007, 78(Mar), 21-24) (Court of Appeal, Civil Division - leading junior Counsel for the successful Appellant): whistleblowing; definition of "series of similar acts" in discrimination cases. See also his article: Extra time for whistleblowers NLJ 2007, 157(7254), 14-15.

  • Williams Lea Ltd v O'Reilly and others [2005] UKEAT/0416/05/ZT (EAT). (leading junior Counsel for the 29 applicants and successful respondents to the appeal following a 6 week first-instance hearing): Collective consultation over redundancies; calculation of protective awards; whether individual consultations can replace or mitigate for a lack of collective consultation.)

  • Litigation arising out of the BBC Whistleblower's 8 month investigation into Foxtons, first screened on 21 March 2006.

  • Cases on behalf of solicitors, including K v KS [2011] (ET) into the employment status of a trainee solicitor, R v DS [2011] (ET) into the employment status of a locum.

  • E v B & or [2010] EWHC: High Court proceedings involving a fraud in excess of £100,000 by an employee.

Overview
Practice Areas | Reported Cases | Education/Awards






University Disciplinary and Appeal Proceedings

Stephen can be instructed to advise and represent students, clubs and publications in university disciplinary proceedings. Because of the summary nature of these proceedings, he usually accepts such instructions on a "direct public access" basis (in other words, without a solicitor) or via student unions, but he is very happy to be instructed through solicitors where appropriate.

In such cases, Stephen usually recommends that a conference (meeting) should be arranged as soon as possible after the student has received notice from the Proctor/investigating official that the student is suspeced of misconduct. This conference may be held in Stephen's Chambers in the Temple, London, or at the relevant university city. Its purpose is

  • to see whether an investigation can be "nipped in the bud" before formal disciplinary proceedings are taken,

  • to ensure that the student understands the allegations against them before they are interviewed by the Proctor/official

  • to prepare the student for his/her interview with the Proctor. In many universities, this meeting is the university equivalent of a police interview under caution, and is likely to make the difference between the Proctor bringing the investigation to an end with no punishment, offering a hearing before a Pro-Proctor (where the only available punishment is a fine), or summonsing the student to a full student disciplinary panel. Although at many Universities, Stephen is not permitted to attend this meeting, it is important that the student is properly prepared for it. Stephen will also assist the student to prepare a written statement for the meeting and will also speak to their accompanying member of Congregation/academic staff (if they choose to have one) to prepare them for the meeting.

If this conference has taken place, there need not usually be a further meeting following a summons being issued to the student unless new information/evidence has emerged (although one can be arranged if desired).

Stephen may then be instructed to appear on behalf of the student at subsequent hearings and appeals. He can also be instructed on a hearing-by-hearing basis, but it is important to contact him well before the hearing so that he can make sure he is available for the hearing, has all of the papers he needs, and that the student is proposing to call/present all of the evidence (s)he needs.

Overview
Practice Areas | Reported Cases | Education/Awards
Stephen Bartlet-Jones

Stephen Bartlet-Jones
Call: 2004
sbj@1pumpcourt.co.uk

Group/s:
Family Group, Civil & Public Law Group, Crime Group

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