Scarlett Milligan

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

Clerks:
+44 (0)20 7832 1111

“Extremely conscientious, thorough, and always prepares meticulously… has a remarkable capacity to digest huge volumes of material very quickly, and always with a sharp analytical focus.”
Legal 500 2022

Scarlett 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.

Her inquest and inquiry work has been recognised in the leading legal directories, where she is ranked as ‘Up and Coming’ (Chambers and Partners, 2022) and a ‘Tier 1 Rising Star’ (Legal 500, 2022). She is currently Junior Counsel to the Grenfell Tower Inquiry.

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 £10 million.

Inquests & Inquiries


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 a ‘Tier 1 Rising Star’ (Legal 500, 2022).

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.

Her experience extends to 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.

Scarlett currently acts as Junior Counsel to the Grenfell Tower Inquiry, and has been instructed on the Inquiry since October 2017.

  • Legal 500 2022 – Rising Star: “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.

Civil Liability


Scarlett has a broad 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 involving military personnel;
  • Fatal accidents;
  • 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 is familiar with multi-party cases, handling multiple experts, claims involving complicated injuries (including psychiatric illness and brain injuries), 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.

She is very familiar with radio communications, fire and rescue services, and fire and construction legislation as a result of her work as Junior Counsel to the Grenfell Tower Inquiry.

Public Law & Human Rights


Scarlett has experience of advising on and acting in challenges to the decisions of various governmental and public bodies, including: the Ministry of Justice; the Home Office; the Department of Work and Pensions; the Department for Environment, Food and Rural Affairs; the Lord Chancellor; the Criminal Injuries Compensation Tribunal; and local authorities.

She has a particular interest in the extent to which societal and market behaviour is influenced and regulated by government action, and in the overlaps and conflicts between private law and public law. For instance, she recently advised on judicial review proceedings concerning an industry’s Article 1 Protocol 1 possession rights, and the extent to which the government can mandate payments from industries.

Scarlett’s ability to quickly 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. From her experience to date, she is familiar with the military, prisons, injunctive relief, and of the principles of crown immunity and justiciability.

Aside from administrative law challenges, Scarlett has notable experience and expertise in Human Rights Act actions against the police, prisons, and other public bodies for alleged mistreatment, misconduct, and negligence, particularly against the backdrop of violent or unusual deaths. Her strong civil liability and inquest practices mean she is well placed to advise clients (both claimants and defendants) at an early stage, and provide support, representation, and advice in all manner of proceedings.

Professional Liability


Scarlett has experience in defending legal professionals against claims of negligence and fraud, including advice on vexatious claims, general civil restraint orders, and contempt of court.

Recommendations


Directories

Chambers and  Partners  2022 – Inquests and Public Inquiries, Up and  Coming

“…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”

Legal 500 2022 – Inquests and Inquiries, Tier 1 Rising Star

“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.”

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

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