Scarlett Milligan

"Her written work is meticulously researched and practical on every level. She is always on top of the most recent case law in the given area, and she demonstrates experience beyond her call." (Chambers and Partners, 2025)

"Scarlett is exceptionally impressive and unbelievably hard-working." (Chambers and Partners, 2025)

“Scarlett has a fiery determination to achieve the best possible results for her clients. She is courageous, bold, and clients love her. She is highly determined and fiercely bright.” (Legal 500, 2025)

“Scarlett is exceptionally bright. She has a meticulous approach to getting to the bottom of very complex issues, and provides advice that is both legally and commercially sound.” (Legal 500, 2024)

Scarlett acts for claimants, defendants, interested parties and interveners in judicial review challenges in a wide range of factual settings. She is recognised by the directories as a leading junior in this area (Band 3 Legal 500, Band 4 Chambers and Partners).

Owing to her ability to digest large swathes of information and to formulate creative grounds of challenge and response, Scarlett is regularly instructed both as junior counsel and in her own right. She has experience as sole counsel in the Court of Appeal. 

She has particular experience in judicial review challenges in the following contexts: 

• Prisons and the Parole Board (Scarlett regularly represents the SSJ in a number of challenges pertaining to high-profile prisoners; she acted in R (Bailey) v SSJ [2023] EWHC 555 (Admin), led by James Strachan KC, and in R (Brown) v SSJ [2024] EWHC 429 (Admin), led by Iain Steele)
• The courts and tribunals service (R (Koro) v County Court at Central London and the Crown Prosecution Service [2024] EWCA Civ 94)
• Inquests, including statutory challenges under s.13 of the Coroners’ Act 1988. Scarlett acted for the Chief Coroner in a post-Maughan challenge to the accuracy of his guidance sheet on unlawful killing (R (Bryan) v HM Assistant Coroner for Buckinghamshire [2024] EWHC 26 (Admin), unled)
• Inquiries and investigations. Scarlett is acting for the Secretary of State for the Home Department in respect of her decision not to hold a statutory inquiry into events at Manston Short-Term Holding Facility, led by Neil Sheldon KC and Colin Thomann KC.
• Regulatory and disciplinary decision making. Scarlett is on the panel of lawyers who act for the Disclosure and Barring Service. She is also acting in litigation concerning the proposed regulation of anaesthetist associates and physician associates (led) 
• Financial services. Scarlett acted for the Financial Ombudsman Service in R (Options UK Personal Pensions) v FOS [2024] EWCA Civ 541, led by James Strachan KC.

Scarlett particularly enjoys instructions in cases that involve complex questions of law, including the duty of candour, privilege, immunity, and unusual remedies. 

Since July 2023, Scarlett has co-chaired the Young Public Lawyers’ Group (YPLG) and is committed to making both the YPLG and the public law field accessible to all. 
 

"Her written work is meticulously researched and practical on every level. She is always on top of the most recent case law in the given area, and she demonstrates experience beyond her call." (Chambers and Partners, 2025)

"Scarlett is exceptionally impressive and unbelievably hard-working." (Chambers and Partners, 2025)

“Scarlett has a fiery determination to achieve the best possible results for her clients. She is courageous, bold, and clients love her. She is highly determined and fiercely bright.” (Legal 500, 2025)

“Scarlett is exceptionally bright. She has a meticulous approach to getting to the bottom of very complex issues, and provides advice that is both legally and commercially sound.” (Legal 500, 2024)

Scarlett’s expansive public law and civil liability practice, acting for both claimants and defendants, has given her both a broad and deep understanding in all manner of civil liberties and human rights claims. She is recognised by the directories as a leading junior in this area (Band 3 Legal 500, Band 4 Chambers and Partners).

Her experience encompasses the full breadth of the ECHR articles and advising on Strasbourg case law and proceedings. As a result, she is often instructed as sole counsel in high-value and/or high-profile litigation concerning breaches of human rights, up to and including in the Court of Appeal.

She has a particular expertise in claims arising from fatal accidents, homicides, physical and domestic abuse, sexual abuse and harassment, torture and mistreatment, and psychiatric injury. Her experience of claims in a clinical context has involved loss of life (Article 2), inhumane and degrading treatment (Article 3), and loss of private life or bodily integrity (Article 8).

Scarlett takes a great interest in all cases which concern mental health, domestic abuse, and the mistreatment of minority or vulnerable groups, as these are issues which are close to her heart. In 2021 Scarlett ran a marathon for MIND, the mental health charity. 

Notable ongoing cases in this field include:

• Representing the family of Matthew Boorman, who was murdered by his neighbour. The murderer gave the police advance notice of his intentions
• Representing the family of Michaela Hall, who was murdered by her partner following an extensive history of domestic abuse involving a number of state agencies
• Challenges to the discharge of the investigative duties under Articles 2 and 3 (R (Bryan) v HM Assistant Coroner for Buckinghamshire [2024] EWHC 26 (Admin), unled, and currently  acting for the Secretary of State for the Home Department in respect of her decision not to hold a statutory inquiry into events at Manston Short-Term Holding Facility, led by Neil Sheldon KC and Colin Thomann KC)
• Article 6 challenges in the context of the functioning of the courts and tribunals service (R (Koro) v County Court at Central London and the Crown Prosecution Service [2024] EWCA Civ 94) and the Parole Board (R (Bailey) v SSJ [2023] EWHC 555 (Admin), led by James Strachan KC)
• Acting for vulnerable claimants and minors who allege failures by the local authority and police to protect them from rape and sexual trafficking (Articles 3 and 4)
• Bringing and defending claims for alleged sexual abuse and bullying and harassment in the military (Articles 3, 8 and 14)
• Acting for prisoners alleging torture and racial discrimination (Articles 3 and 14)
• Acting in high-profile challenges to indefinitely detained prisoners, in court proceedings and before the Parole Board (e.g. R (Brown) v SSJ [2024] EWHC 429 (Admin), led by Iain Steele, and R (Chiswick) v SSJ [2024] EWHC 1223 (Admin), Articles 5 and 6).
• Challenges in the context of regulatory and financial service decisions, engaging Articles 8 and Article 1 Protocol 1 (Scarlett regularly acts for the Disclosure and Barring Service and the Financial Ombudsman Service). 

“‘Exceptional in every area – Scarlett’s advice is solid, robust and considers all angles, her drafting work is exceptional and her legal analysis is invariably flawless.’” (Chambers and Partners, 2025)

“She is excellent with clients and clearly really cares about her work. Someone that will definitely fight her corner – a tenacious advocate” (Chambers and Partners, 2024)

“A confident, impressive and dedicated barrister who leaves no stone unturned.” (Legal 500, 2024)

Scarlett was Junior Counsel to the Grenfell Tower Inquiry, and was instructed at the outset of the Inquiry in 2017 through to the publication of the Inquiry’s Phase 2 report. As a result, she has been at the forefront of, and has a solid and broad 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.  

Her broad civil liability practice (which includes criminal health and safety litigation) makes her well placed to advise clients across the full breadth of criminal and civil litigation and regulation, including building defects (building liability orders, remediation orders and remediation contribution orders, and construction product claims), 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’ Chambers' Fire Law group and is co-authoring a number of practitioner texts in this area.

“Extremely thorough, expert knowledge of law and procedure, delightful to work with” (Legal 500, 2025)

“Scarlett’s approach to evidence is meticulous and she is a fantastic advocate, support and all round super person. A real team player who solicitors feel lucky to work with” (Legal 500, 2025)

"Scarlett is an exceptional advocate with a vast array of knowledge and experience” (Chambers and Partners, 2025)

"Her knowledge and experience far exceeds her years. Scarlett is equal parts passionate and pragmatic and is the complete package” (Chambers and Partners, 2024)

Scarlett has a broad personal injury, clinical negligence and civil liability practice which has strong connections to her work in the fields of inquests, inquiries, and human rights. She is recognised by the directories as a leading junior in both clinical negligence (Band 4 leading junior, Legal 500) and personal injury (Band 3 leading junior, Legal 500, up and coming Chambers and Partners).

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, complex areas of expert evidence, claims involving complicated injuries (including brain injuries and psychiatric illness), and complex heads of loss (such as military pensions, accommodation claims, and ‘wealth creator’ fatal accident claims).

She enjoys instructions which present complicated issues of fact and law, and has experience of advising on applicable law, forum, crown immunity, and state immunity. She recently acted for a number of government departments in a high-profile Human Rights Act claim concerning air pollution, following the tragic death of a young girl, Ella Adoo-Kissi-Debrah,

Scarlett has particular expertise in civil claims arising from fatal accidents, homicides, physical and domestic abuse, sexual abuse and harassment, torture and mistreatment, psychiatric injury, and secondary victim claims (many of which involve civil claims for breaches of the Human Rights Act 1998).

Her clinical negligence caseload tends to focus on claims involving loss of life (typically in the context of mental health services), for inhuman and degrading treatment of those without capacity, and for loss of privacy or bodily integrity.

Scarlett takes a great interest in all cases which concern mental health, domestic abuse, and the mistreatment of minority or vulnerable groups, as these are issues which are close to her heart. She ran a marathon for MIND, the mental health charity, in 2021.

Her current and recent notable cases include:

• Junior counsel for various government departments in a claim brought by the estate of Ella Adoo-Kissi-Debrah concerning air pollution (led by David Barr KC and Colin Thomann KC)
• Junior counsel in group litigation against the Ministry of Defence for the alleged clinical negligence in the prescription of the anti-malarial Lariam to members of the armed forces (led by Neil Block KC and Nicola Greaney KC)
• Civil law claims for and against the Ministry of Defence for psychiatric injury following bullying and harassment
• Clinical negligence claims for suicides of mental health inpatients and community patients
• Advising on health and safety prosecutions for alleged breaches of construction legislation, environmental pollutants, and workplace accidents
• Advising on the legality of fatal accident compensation legislation (led by Emily Formby KC)
• Advising on complex, high value claims for mesothelioma and other asbestos-related disease

Scarlett’s experience acting as Junior Counsel to the Grenfell Tower Inquiry has provided her with a strong understanding of claims involving health and safety claims in a fire safety or construction context, and of the new regulatory and civil environment following the introduction of the Building Safety Act 2022 and the Fire Safety Act 2021. Her civil liability practice includes claims for property damage and for construction related claims (including building liability orders, remediation orders, and remediation contribution orders).

In November 2019, Scarlett co-authored “A Practical Guide to the Law of Driverless Cars”, 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. As a result, she has significant expertise in civil claims concerning technology, automation and artificial intelligence.

‘Exceptional in every area – Scarlett’s advice is solid, robust and considers all angles, her drafting work is exceptional and her legal analysis is invariably flawless.’ (Chambers and Partners, 2025)

“She is excellent with clients and clearly really cares about her work. Someone that will definitely fight her corner – a tenacious advocate” (Chambers and Partners, 2024)

“A confident, impressive and dedicated barrister who leaves no stone unturned.” (Legal 500, 2024)

“Scarlett is a highly skilled advocate and she is compassionate with the families she represents” (Chambers and Partners, 2024)

Scarlett is instructed in many of the most high-profile inquests and inquiries – and in judicial review challenges to the same – for individuals, families, corporations and government departments. She is recognised by the directories as a Band 4 leading junior in these fields.

She was junior counsel to the Grenfell Tower Inquiry, instructed on behalf of victims and their families in the Infected Blood Inquiry, and acted for the Department of Health in the Covid-19 Inquiry.

She regularly appears as sole counsel in long running and extremely complex inquests, typically against opponents of far more senior call. Scarlett is equally lauded for her compassion for bereaved families and for her tenacious and bold advocacy when the need arises. She brings a principled approach and an unwavering commitment to fairness, meaning clients have complete faith in her multi-faceted and nuanced approach in a legal proceedings that inevitably involve both emotional and legal complexity.

Scarlett’s inquest experience covers a broad range of factual and legal scenarios, typically in which Article 2 is engaged and juries are empanelled, including:

• Police misconduct and/or negligence;
• Deaths in state custody;
• Homicides and self-inflicted deaths;
• Defective products;
• Health and safety issues, including building construction; and
• Clinical negligence

Scarlett’s strong civil liability practice means she is ideally suited for clients who require advice on inquest proceedings as well as any connected civil proceedings which may arise following a death. Notable ongoing cases in this field include:

• Representing the family of Michaela Hall, who was murdered by her partner following an extensive history of domestic abuse involving a number of state agencies
• Representing the family of Matthew Boorman, who was murdered by his neighbour. The murderer gave the police advance notice of his intentions
• Representing the family of Jack Bristow, who died at work when he was hit by a large tree during Storm Eunice

Scarlett’s public law practice includes judicial review and statutory review challenges to coronial decisions. She acted as sole counsel in HM Senior Coroner for South London v HM Assistant Coroner for South London [2022] EWHC 1388 (Admin) (concerning the scope of the High Court’s powers on an application under s.13 of the Coroners’ Act 1988) and when acting on behalf of the Chief Coroner in R (Bryan) v HM Assistant Coroner for Buckinghamshire [2024] EWHC 26 (Admin) (a challenge which, post-Maughan, took issue with the accuracy of the Chief Coroner’s guidance sheet on unlawful killing). She is currently acting for the Secretary of State for the Home Department in respect of her decision not to hold a statutory inquiry into events at Manston Short-Term Holding Facility, led by Neil Sheldon KC and Colin Thomann KC).

“Scarlett has a fiery determination to achieve the best possible results for her clients. She is courageous, bold, and clients love her. She is highly determined and fiercely bright.” (Legal 500, 2025)

“Scarlett is exceptionally bright. She has a meticulous approach to getting to the bottom of very complex issues, and provides advice that is both legally and commercially sound.” (Legal 500, 2024)

Scarlett has experience in a wide array of regulatory and disciplinary hearings, from interlocutory hearings and substantive hearings, through to appeals and judicial review challenges. Her experience in both civil law and public law makes her well placed to handle all aspects of regulatory and disciplinary cases, be it witness handling, advising on the law of evidence and disclosure (in both civil and criminal contexts), and advancing or defending public law challenges.

She is known for her ability to navigate the sensitive issues that arise in these proceedings without distracting from or diluting the strong legal arguments that claimants and defendants need to make; she is equally recognised for her ability to be “compassionate” and “caring”, as well as being “tenacious” and “bold” when the need arises.

Significant ongoing and recent work in these areas includes:

• Acting for the Financial Ombudsman Service in a number of significant cases, including the recent case of R (Options UK Personal Pensions) v FOS [2024] EWCA Civ 541, led by James Strachan KC.
• Acting in a significant judicial review challenge to the proposed regulation of anaesthetist associates and physician associates (led by Jenni Richards KC).
• Acting for the Disclosure and Barring Service in anonymised appeals to children and vulnerable adult barring orders.
• Health and safety civil and criminal litigation.