Scarlett Milligan

“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 regularly acts for Claimants and Defendants in judicial review challenges in a number of factual settings. Owing to her ability to digest large swathes of information and to formulate creative grounds of challenge and response, she is highly regarded both as sole counsel and as junior counsel.

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 Bailey v SSJ [2023] EWHC 555 (Admin), led by James Strachan KC)
• Inquests, including statutory challenges under s.13 of the Coroners’ Act 1988. Scarlett is currently acting for the Chief Coroner in a judicial review challenge which takes issue with the accuracy of one of his Guidance Sheets
• Modern slavery and trafficking (acted in ATLEU v SSJ, led by Galina Ward KC)
• Financial services (acting in the forthcoming Court of Appeal case of Options v FOS regarding SIPP due diligence duties, led by James Strachan KC). Before coming to the Bar, Scarlett worked as a paralegal for Macfarlanes LLP, acting in a FCA Skilled Persons review into the mis-selling of interest rate hedging products
• Taxation and deduction challenges under Article 1 Protocol 1 ECHR

Scarlett feels strongly about the importance of public law challenges in our legal system, whether in holding the state to account or properly defending the state’s ability to implement its democratic mandate to make policy and manage resources while adhering to the duty of candour. Candour allegations have formed an important part of a number of challenges in which she is involved, as have a number of other procedural quirks involving remedies and costs.

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

Scarlett has a broad personal injury and civil liability practice which has strong connections to her work in the fields of inquests, inquiries, and human rights. 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 is also experienced in dealing with cost disputes arising from litigation.

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. 

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 experience centres on claims involving loss of life (Article 2), inhumane and degrading treatment (Article 3), and loss of private life or bodily integrity (Article 8). She 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. Scarlett ran a marathon for MIND, the mental health charity, in 2021.

Scarlett’s heath and safety experience is broad. She has had conduct of civil and criminal litigation involving alleged breaches of health and safety legislation and related allegations of tortious wrongdoing. In particular, she has had conduct as sole counsel of a number of complex claims for asbestos-related disease, and her 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. 

Her experience in cases involving contempt of court, the tort of deceit, and civil fraud means she is particularly well placed to deal with the twists and turns of civil litigation, including witness harassment and allegations of fraud which arise mid-proceedings.

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.

“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’s expansive public law and civil liability practice, acting for both claimants and defendants, has given her both a broad and deep understanding of the pertinent issues in all manner of civil liberties and human rights claims. 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. 

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
• Acting for a minor who alleges a failure by the local authority and police to protect her from rape and sexual trafficking
• Defending claims for alleged sexual abuse in the military
• Acting for prisoners alleging torture and racial discrimination
• Defending a number of high-profile and policy challenges to MoJ/SSJ decisions brought by indefinitely detained prisoners in reliance on Articles 5 and 8 (both procedurally and substantively) 
   

“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, typically in which Article 2 is engaged and juries are empanelled, including:

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

Her 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 Jack Bristow, who died at work when he was hit by a large tree during Storm Eunice
• 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

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), in which the Divisional Court clarified the ambit of the High Court’s powers following an amendment to s.13 of the Coroners’ Act 1988. She is currently acting for the Chief Coroner in a judicial review challenge which takes issue with the accuracy of one of his Guidance Sheets.

Scarlett has also been instructed as junior counsel to the Grenfell Tower Inquiry, on behalf of victims and their families in the Infected Blood Inquiry, and for the Department of Health in the Covid-19 Inquiry.

Scarlett is well placed to act in regulatory and disciplinary proceedings (whether at the initial hearing or in subsequent challenges) given her public law and civil claims experience: she is equally adept at witness handling, dealing with evidential intricacies and difficulties, and advancing public law challenges including on fairness grounds. She 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 (particularly when brought against legal professionals), general civil restraint orders, and contempt of court.

In addition to her regulatory and disciplinary work, as Junior Counsel to the Grenfell Tower Inquiry Scarlett has gained 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’ Chambers's Fire Law group.