Scarlett Milligan

Year of call:
2015
Email:
scarlett.milligan@39essex.com

Clerks:
+44 (0)20 7832 1111

“Highly analytical, thorough and she has excellent attention to detail. She has a superb ability to bring together a lot of complex information to form succinct arguments” 
Legal 500 2023

Scarlett Milligan is a sought-after junior barrister who is regularly praised for being skilled beyond her level of call, and for her diligence and commitment to her cases. She has a broad practice in public law, inquests and inquiries, and in civil claims for negligence, personal injury, and other tortious wrongdoing.

She is recognised in the leading legal directories in the areas of inquests, public inquiries and administrative law and human rights, where she has been ranked as ‘Up and Coming’ and a ‘Tier 1 Rising Star’.

She has experience acting for an array of clients, ranging from individuals through to large corporations and states. She is also junior counsel to the Crown (Attorney General’s C Panel).
Scarlett has experience of large-scale litigation, being led, and acting as sole counsel. She has a meticulous eye for detail and, as a result, is often instructed as sole counsel in significant cases with complex legal and factual backdrops, including advising on applicable law and jurisdiction. She has experience as sole counsel of advising and acting in cases valued at up to £10m.

Inquests & Inquiries


“Scarlett is fantastic with advocacy but also has an amazing manner with bereaved clients and guides them through the process with a sensitive touch.” Chambers and Partners, 2023

“Highly analytical, thorough and she has excellent attention to detail. She has a superb ability to bring together a lot of complex information to form succinct arguments.” The Legal 500, 2023

“Extremely conscientious, thorough, and always prepares meticulously. She provides unwavering support to the silks and senior juniors on the inquiry, and has a remarkable capacity to digest huge volumes of material very quickly, and always with a sharp analytical focus” The Legal 500, 2022

“Scarlett Milligan has a growing presence in the inquests and inquiries sphere where she acts for a wide range of clients… She is an empathetic barrister who communicates clearly with clients and deals with all the issues in inquests in a way that is understood clearly” Chambers and Partners, 2022

Scarlett is a rising star in the field of inquests and inquiries, frequently appearing against opponents of far more senior call in important and complicated cases.

She has vast experience in this area, and her achievements have been recognised in the leading legal directories, where she is ranked as ‘Up and Coming’ (Chambers and Partners, 2022 and 2023) and a ‘Tier 1 Rising Star’ (The Legal 500, 2022 and 2023).

Her inquest experience covers a broad range of factual and legal scenarios, including:

  • Police misconduct and/or negligence;
  • Deaths in state custody;
  • Self-inflicted deaths;
  • Defective products;
  • Health and safety issues, including building construction;
  • Clinical negligence; and
  • Road traffic accidents.

She has appeared in a number of Article 2 and jury inquests, and her strong civil liability practice means she is ideally suited for clients seeking advice on any connected civil proceedings which may arise following a death.

She also has experience acting and advising in judicial review and statutory review (Section 13 of the Coroners Act 1988) challenges to coronial decisions.

Scarlett currently acts as junior counsel to the Grenfell Tower Inquiry, and is acting for victims and their families in the Infected Blood Inquiry.

Personal Injury


Scarlett has a broad personal injury and civil liability practice which has strong connections to her inquests and inquiries work. Her experience includes:

  • Occupiers’ liability claims;
  • Accidents at work and the application of health and safety legislation (including in a construction context);
  • Claims for asbestos-related disease;
  • Fire-related claims;
  • Fatal accidents;
  • Claims involving military personnel;
  • Human Rights Act claims and other related claims for alleged misconduct or negligence on the part of public bodies;
  • Intentional battery and assault actions;
  • Sexual harassment;
  • Tort of deceit proceedings arising out of insurance fraud; and
  • Contempt of court.

She acts for both claimants and defendants, and is often instructed as sole counsel in high-value, High Court litigation. As a result, she can confidently handle multi-party cases, multiple experts, claims involving complicated injuries (including brain injuries and psychiatric illness), and complex heads of loss (such as military loss of earnings).

She enjoys instructions which present knotty or complicated issues of law, and has experience of advising on applicable law, forum, crown immunity, and state immunity. She welcomes instructions which raise issues of public and private international law.

Scarlett is in an unusually strong position to advise upon or act in cases which concern technology and automation and their influence upon issues of health and safety in our society. In November 2019, she co-authored “A Practical Guide to the Law of Driverless Cars”, personally authoring the chapters on how the areas of negligence, product liability and employers’ liability will be impacted by, or require change as a result of, new automated technologies. She has since written articles and delivered lectures in this area, and welcomes instructions or invitations to speak on these issues.

Civil Liberties and Human Rights


“Scarlett is simply superb! Amazing advocate, great personality with clients and just an absolute pleasure to work with.” The Legal 500, Rising Star (2023)

Scarlett has extensive expertise advising and acting in cases involving civil liberties and human rights across judicial review proceedings, civil claims pursuant to the Human Rights Act 1998, in the context of inquests and public inquiries, and in the regulatory and disciplinary sphere.

Her experience encompasses the full breadth of the ECHR articles and advising on Strasbourg case law and proceedings.

She acts for claimants and defendants and has particular experience in actions against the police, prisons, local authorities, central government, and other public bodies for alleged mistreatment, misconduct, and negligence. She has acted in a number of notable cases in the context of violent or unusual deaths, terrorist acts, prisons, sexual abuse, and trafficking.

Her strong civil liability and inquest experience makes her well placed to advise at an early stage, and to provide support, representation, and advice throughout a number of different proceedings.

Administrative and Public


“Scarlett is simply superb! Amazing advocate, great personality with clients and just an absolute pleasure to work with.” – Legal 500, Rising Star (2023)

Scarlett has experience of advising on and acting in challenges to the decisions of various governmental and public bodies in a number of factual contexts. She is highly regarded as both sole counsel and junior counsel, and acts for claimants and defendants in judicial review proceedings.

Her ability to digest large swathes of information makes her suitable to advise on an array of public law challenges, including cases with unusual factual or legal elements. Her cases to date span a number of factual contexts, including: modern slavery and trafficking; inquests; prisons and the Parole Board; the provision of legal aid; immigration; changes to welfare benefits; import and export restrictions; and taxation.

Scarlett has a particular interest in the application of public law principles to the marketplace, business transactions, and private property. She has recent experience of advising industry on the potential to challenge government interference, payments and taxation in reliance on Article 1 Protocol 1 of the European Convention on Human Rights (possession rights).

She enjoys instructions which present knotty or complicated issues of law, and has experience of advising on applicable law, forum, crown immunity, and state immunity. She welcomes instructions which raise issues of public and private international law.

Regulatory and Disciplinary


Scarlett has experience defending legal professionals against a variety of professional allegations, including claims of negligence and fraud. Relatedly, she has experience advising on vexatious claims and vexatious litigants, general civil restraint orders, and contempt of court.

Construction


Having been Junior Counsel to the Grenfell Tower Inquiry, Scarlett has a firm understanding of some of the most pressing and complicated issues in the built environment, as well as recent changes to the regulatory and legislative landscape, including the Fire Safety Act 2021, Fire Safety Regulations 2022, and the Building Safety Act 2022.  She is able to advise on these issues and connected matters, such as: building defects, claims for property damage, professional negligence and other forms of professional liability, health and safety liabilities, contractual disputes, and related insurance and reinsurance considerations.  Scarlett is part of 39 Essex’s Fire Law group.

Costs and Litigation Funding


As a result of her broad civil liability and public law practice, Scarlett is well equipped to advise on a range of costs-related matters, and to appear at detailed assessments.

Professional Negligence


Scarlett has experience defending legal professionals against a variety of professional allegations, including claims of negligence and fraud. Relatedly, she has experience advising on vexatious claims and vexatious litigants, general civil restraint orders, and contempt of court.

Information and Media


Scarlett has experience of advising in claims for defamation, harassment by publication, and misuse of private information, and welcomes broader instructions in the area of information and media law.

Recommendations


  • “Scarlett is fantastic with advocacy but also has an amazing manner with bereaved clients and guides them through the process with a sensitive touch.” Chambers and Partners 2023 – Inquests and Public Inquiries, Up and Coming
  • “Highly analytical, thorough and she has excellent attention to detail. She has a superb ability to bring together a lot of complex information to form succinct arguments.”  The Legal 500, 2023- Inquests and Inquiries, Rising Star
  • “Scarlett is simply superb! Amazing advocate, great personality with clients and just an absolute pleasure to work with.” The Legal 500 2023 – Administrative Law and Human Rights, Rising Star
  • “…has a growing presence in the inquests and inquiries sphere, where she acts for a wide range of clients. Among other prominent matters she is notable for having been instructed as counsel to the Grenfell Tower Inquiry.” Chambers and Partners 2022 – Inquests and Public Inquiries, Up and Coming
  • “Extremely conscientious, thorough, and always prepares meticulously. She provides unwavering support to the silks and senior juniors on the inquiry, and has a remarkable capacity to digest huge volumes of material very quickly, and always with a sharp analytical focus.” The Legal 500 2022 – Inquests and Inquiries, Rising Star

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

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