Jake Thorold

Year of call:
2020
Email:
jake.thorold@39essex.com

Clerks:
+44 (0)20 7832 1111

Jake accepts instructions across all of Chambers’ practice areas with a particular interest in public, planning and environmental law.

In 2021-2022 Jake was a Judicial Assistant at the Supreme Court of the United Kingdom and Judicial Committee of the Privy Council, assigned to Lord Sales and Lady Rose. In this role Jake was involved with some of the most important cases of the year, including Basfar v Wong [2022] UKSC 21 on the scope of diplomatic immunity for human trafficking and Attorney General for Bermuda v Ferguson and others [2022] UKPC 5 concerning the constitutionality of same-sex marriage in Bermuda.

Jake frequently appears as sole counsel and his practice includes a broad range of pleadings and advisory work. He recently appeared unled in a successful appeal against the contents of a disabled child’s EHC Plan in the SEND Tribunal.

Prior to coming to the Bar Jake worked for the Royal Society of Arts think tank and studied at Cambridge (starred double first), Harvard and Oxford (top of year).

Civil Liability


Jake appears regularly in the county courts in civil matters, and frequently drafts pleadings. Jake is often asked to advise on matters ranging from procedural issues to quantum.

During pupillage, Jake gained experience of drafting statements of case, schedules, advices and legal research notes on a variety of matters including:

  • Advising and drafting a strike out application for a claim made for loss of time / earnings alleged to have arisen due to NHS maladministration;
  • Drafting pleadings and schedules of loss in personal injury and clinical negligence matters;
  • Advising on whether any duty of care is owed by the NHS to a family member killed by a patient receiving psychiatric treatment;
  • Advising on parameters for settlement in a clinical negligence matter pleaded at over £2 million.

Public & Regulatory


Jake has been instructed as sole counsel in public law matters, including recently for a successful appeal against the contents of a disabled child’s EHC Plan in the SEND Tribunal.

During pupillage, Jake assisted on a variety of public law matters including:

  • An appeal to the Court of Appeal in relation to whether a judicial review concerning the provision of Education, Health, and Care Plans had become academic;
  • An appeal to the Upper Tribunal from a decision of the First-tier Tribunal in relation to an Education, Health, and Care Plan appeal;
  • An appeal to the Court of Appeal regarding withdrawal of medical treatment for a five-year old child in a permanent vegetative state;
  • A Solicitor’s Regulatory Authority matter regarding a mentally unwell solicitor which raised issues under Articles 2 and 6 of the ECHR;
  • Advising on the correct construction of regulations governing the definition of income and capital for charging purposes under the Care Act 2014;
  • Advising on a local authority’s legal responsibilities for training school staff for meeting the needs of children with a particular medical condition;
  • An unlawful detention damages claim arising from the Home Office’s response to the TOEIC / IELTS English language tests scandal;
  • Responding to an application to reopen a decision of the Court of Appeal in light of the later decision in Ahsan v Secretary of State for the Home Department [2017] EWCA Civ 2009;
  • Responding to an application for permission to appeal to the Supreme Court in the context of a person seeking a visa to enter the United Kingdom to meet relatives, with a focus on Article 8 of the ECHR.

Planning and Environmental


Jake gained experience in a wide range of planning and environmental matters during pupillage. For example, he was involved in:

  • Resisting a series of judicial reviews to a major housing development on the outskirts of Canterbury;
  • Advising a local authority on the legal soundness of a planning enforcement notice;
  • Resisting a local authority’s application for a planning enforcement order sought on the basis that development had been ‘deliberately concealed’;
  • Assisting on a challenge to local authority guidance promoting the emergency installation of low traffic neighbourhoods during the COVID-19 pandemic;
  • Advising a local authority on whether they should update their Community Infrastructure Levy charging schedule in a context where an update to the Local Plan was imminent.

Commercial, Construction & Property


Jake is frequently instructed to advise on commercial and construction matters. He recently advised, for example, on a defective construction matter worth over £600,000.

During pupillage, Jake gained experience of drafting statements of case, advices and legal research notes on a variety of matters including:

  • Assisting Paul Darling QC and David Sawtell in a three-day Dispute Adjudication Board hearing concerning a multi-million dollar claim for delay costs incurred during the construction of a South African power plant;
  • Assisting Paul Darling QC in a major international arbitration concerning the construction of two airports in Oman;
  • Advising on liability in a dispute concerning the construction of a website for Bulgarian businesses;
  • Advising on whether easements had been acquired by prescription;
  • Advising on the validity of a deed of novation in circumstances where its terms had been amended subsequent to it being signed;
  • Drafting defences in adjudication enforcement proceedings in which a Claimant simultaneously sought to enforce and impugn an adjudicator’s decision;
  • Advising on limitation issues arising in circumstances where defective goods were delivered in stages;
  • Drafting a letter before claim for a matter arising from defective renovation works carried out at the Barbican Estate.

Call +44 (0)20 7832 1111 for more information

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