Felicity Payne
Civil and Criminal Barrister
felicity.payne@walnuthouse.co.uk
Civil Law
Overview
Felicity has a broad court and paper based practice that encompasses all stages of the litigation process and ranges from small claims through to multi track claims. She is regularly instructed at all stages of litigation, including pre-action and procedural matters, preliminary hearings and interim applications (such as strike-out, relief from sanctions and summary judgment) through to trial and appeal. Felicity appreciates the needs of her professional clients and provides practical and tactically sound advice in writing and at court. She has substantial experience in representing clients in claims involving litigants in person and vulnerable parties. Felicity accepts instructions on a CFA basis.
Personal Injury
Overview
Felicity acts for both claimants and defendants in most personal injury matters, including Employer’s Liability, Public Liability, Highways Act and Road Traffic Accident claims. She is a member of the Personal Injury Bar Association.
E –v- T Ltd
Felicity successfully represented a minor in a fast track claim for personal injury against a company operating the school bus service after obtaining permission for the minor to provide oral evidence in the absence of a statement. Felicity guided him through his examination in chief and the entirety of the process, utilising her skills in examining vulnerable witnesses developed in her civil and criminal practice.
M –v- C Plc
Felicity successfully obtained the strike out of a multi-track claim for personal injury brought by a litigant in person following an alleged serious sexual assault by an employee of the defendant. The claim involved numerous amended pleadings, interim applications and re-allocation following an abandoned fast track final hearing due to non-disclosure by the claimant. The claim involved disclosure of police investigations in and out of the jurisdiction. Felicity was sensitive to the nature of the allegation, the alleged continued psychological injuries and the status of the claimant. She used her considerable experience of the court and vulnerable individuals to robustly promote the position of her professional client, whilst maintaining an appropriately sympathetic manner in making those submissions. Felicity successfully obtained an award for costs against the litigant in person.
L –v- S Ltd
Felicity successfully defended an application for a finding of fundamental dishonesty following the discontinuance of a fast track claim for personal injury where the medical evidence noted injuries to differing parts of the body during the claim and other evidence undermined the account of the Claimant given during those medical assessments.
S –v- T Ltd
Felicity represents the Claimant on the multi track in their application under CPR 36.13(5) to displace the usual cost consequences following acceptance of a formal offer to settle more than one year post expiry. Although the claim was unsuccessful, the presiding judge praised Felicity for the quality of her written and oral submissions.
Read More +Close –
Costs
Overview
Felicity is regularly instructed in personal injury claims requiring costs case management and claims of fundamental dishonesty. She has represented clients during detailed assessment and applications relating to part 36.
L –v- S Ltd: Felicity successfully defended an application for a finding of fundamental dishonesty following the discontinuance of a fast track claim for personal injury where the medical evidence noted injuries to differing parts of the body during the claim and other evidence undermined the account of the Claimant given during those medical assessments.
S –v- T Ltd: Felicity represents the Claimant on the multi track in their application under CPR 36.13(5) to displace the usual cost consequences following acceptance of a formal offer to settle more than one year post expiry. Although the claim was unsuccessful, the presiding judge praised Felicity for the quality of her written and oral submissions.
Read More +Close –
Contract Disputes and Debt Recovery
Overview
Felicity represents clients across a broad range of sectors in all level of claims. She represents both claimants and defendants in claims regarding unpaid debts or invoices, the sale of goods or the supply of services, breach of contract and unfair terms.
B –v- C
Felicity successfully defended an interim application for a freezing injunction in a small claim brought by a litigant in person for unpaid invoices for building and construction work. Following the dismissal of the interim application, Felicity was able to utilise the opportunity and her experience in dealing with litigants in person to negotiate a favourable agreement in principle that subsequently resulted in a formal settlement of the claim.
N –v- U Ltd
Felicity successfully defending a fast track claim for payment under a Lifestyle Protection Policy that involved verbal variations to the written contract over a period of several years. The employees who had negotiated those terms had left their employment during the intervening period and could not be located. Felicity was able to use her experience to overcome difficulties in the evidence and prevent a large payment under the policy being awarded.
Read More +Close –
Housing and Property Disputes
Overview
Felicity represents and advises tenants and landlords, both public and private, in a wide variety of hearings, including mortgage possession claims and rental disputes.
H –v- W
Felicity represented the claimant in their application under sections 213-215 of the Housing Act 2014 against litigants in person that was resolved by the parties reaching a settlement.
A Ltd –v- S
Felicity negotiated at court a favourable outcome involving undertakings for a Housing Association in their application for an injunction under the Anti-Social Behaviour Crime and Policing Act 2014 hat had been defended by reliance on the Equality Act 2010 on the grounds of discrimination due to disability due to illness.
Read More +Close –
Other Civil Work
Felicity regularly represents claimants and defendants in credit hire disputes and she has a thorough understanding of the case law and submissions that are frequently relied upon.
Criminal Law
Overview
Felicity is a member of the Criminal Bar Association. Felicity is a Level 2 CPS prosecutor and has varied experience in prosecuting on behalf of Royal Mail, RSPCA and representing other public bodies like the DWP and the Insolvency Service. She also represents defendants in such prosecutions.
Felicity has a broad court practice that gained a strong footing in the Magistrates Court before making the transition into a varied and successful Crown Court practice. She represents both adults and youths. Felicity still regularly represents clients in the Magistrates Court and remains instructed on an individual case basis for the CPS.
Felicity has gained increasing experience in cases involving vulnerable witnesses, defendants and the use of intermediaries and/or interpreters. She has considerable experience in cases involving domestic violence and/or family connections and/or mental health.
Felicity regularly accepts instructions from the Police regarding applications in the Magistrates’ Court and Crown Court for Closure Orders, applications for Sexual Harm Prevention Orders and Sexual Risk Orders, Domestic Violence Protection Orders and other applications. Felicity frequently represented clients at Parole Board hearings.
Non-fatal Offences Against the Person and Public Order Offences
Overview
Felicity has accumulated a rapidly increasingly amount of experience representing defendants and the prosecution in cases involving the full range of public order offences and non-fatal offences against the person in the Magistrates Court and Crown Court, from section 5 offences, through to section 18 and robbery offences. She has represented and prosecuted individuals charged with malicious communications and offences relating to harassment and non-molestation orders/ restraining orders.
R –v- K
Felicity represented a defendant charged with racially aggravated harassment against an e-partner and criminal damage. Felicity was unsuccessful in an abuse of process argument for the failure to retain and disclose voicemail evidence linked to the charges, but that process led to no evidence being offered for the racially aggravated harassment and one charge of criminal damage. The defendant received a low community order for the remaining criminal damage offence.
R –v- M
Case Felicity secured an acquittal for a defendant charged with breaching a restraining order (by using contact with the child to leave letters for the complainant) in a case where the mother had stopped contact and social services were using the circumstances of the breach to support the mother in restricting contact in private children act proceedings.
R –v- B
Felicity represented a defendant jointly charged with GBH with intent and criminal damage following a fight with the use of weapons linked to a long standing rivalry.
R –v- M
Felicity successfully defended a woman prosecuted for an assault against her partner of several years (with whom their was a long standing abusive relationship), who was facing the activation of a lengthy suspended sentence imposed just weeks before that alleged assault.
R –v- M
Felicity defended a mother charged with an assault by beating upon her young daughter. The court commended Felicity for her cross-examination of the child and overall approach on behalf of the client.
R –v- P
Felicity successfully appealed two of three charges for assault and secured a significant reduction in sentence on the third charge.
R –v- W & B
On the day of trial, Felicity secured a caution for a defendant jointly charged with assault ABH after a fight on a holiday park premises.
R –v- W
Felicity was instructed by the CPS in a charge of assault upon a baby to defend an application under section 76 of PACE to exclude an interview involving admissions where a vulnerable defendant had not been assisted by an appropriate adult or legal representative. Felicity cross-examined multiple experts in different disciplines upon their findings and how those related to the behaviour of the defendant during interview in a manner that was commended by the presiding District Judge.
R –v- M, M & P
Felicity prosecuted three defendants for Affray and various assault charges following an altercation with doormen at a public house that resulted in one doorman being struck with glass.
Read More +Close –
Sexual Offences
Overview
Felicity continues to develop a practice involving prosecuting and defending charges for sexual offences, from outraging public decency and exposure through to making category A indecent images and indecent images generally.
Felicity also represents the prosecution and defence in applications made in the Magistrates’ Court and Crown Court (pre and post conviction) relating to Sexual Risk Orders and Sexual Harm Prevention Orders.
R –v- P
Felicity defended an individual charged with exposure, assaulting a police officer and trespassing on the railway. At the outset, Felicity challenged the legal standing behind the charge of exposure and alternative charges proposed, leading to the charge of exposure being dropped and no alternative charges being laid for the alleged conduct.
R –v- P
Felicity prosecuted a defendant for expose (stripping naked on the main access lane to a University campus and exposing himself to passing female students), having an offensive weapon (a homemade cosh), having a bladed article (Stanley lock-knife), and possession of a prohibited weapon (a home made Molotov).
R –v- K
Felicity prosecuted a defendant charged with multiple charges of breaching a restraining order through multiple means of communication, including social media and voicemail messages.
Read More +Close –
Fraud, Commercial Crime, Confiscation and other Dishonesty Offences
Overview
Felicity is developing a steady practice prosecuting and defendant all dishonesty and fraud offences involving issues that are increasingly complex and challenging. Felicity receives regular instructions from the prosecution and defence in cases under the Proceeds of Crime Act and the Police (Property) Act 1897.
R –v- M
Felicity prosecuted a defendant who had been processing false cash refunds and retaining the cash during her employment for a major retail company.
R –v- K
Felicity represented a defendant charged with burglary and criminal damage for breaking into a dwelling and removing various items of furniture and white goods. There was a lengthy domestic background, arguments about ownership of the items and about tenancy rights and the issue of trespass. The defendant was convicted of the alternative charge of theft and criminal damage.
R –v- C
Felicity prosecuted a defendant charged with theft from a secure delivery vehicle where identification was in issue. The evidence tracking the movements of the defendant and linking him to the scene included ANPR, CCTV and cell site analysis.
R –v- M
Felicity represented a defendant charged with multiple counts of fraud by false representation for her part in a wider scheme linked to washed cheques. Felicity successfully defended some of the charges.
R –v- W
Felicity defended charges of handling stolen goods after the policed traced items listed on an online auction site by the defendant to recent burglaries. The defendant was acquitted.
R –v- F
Felicity represented a defendant charged with money laundering offences for allowing funds to pass through her bank account from another defendant linked to a major drugs conspiracy prosecution.
Read More +Close –
Drugs offences
Overview
Felicity prosecutes and represents defendants across all types of charges and hearings involving drug offences and linked proceedings and continues to develop her experience in this area and the associated evidence, such as mobile analysis and forensic evidence.
R –v- D
Felicity represented a defendant jointly charged with PWITS (class A).
R –v- M
Felicity prosecuted a defendant charged with criminal damage, PWITS (class A) and attempting to convey articles into prison (mobile telephones).
Read More +Close –
Motoring
Overview
Felicity has developed a broad practice representing clients for all types of motoring offences, from speeding through to dangerous driving and causing significant injury through careless/or dangerous driving.
R –v- H
Felicity represented a defendant charged with driving without due care and attention following a head on collision on a main road into the South West that resulted in significant and life changing injuries for multiple occupants of vehicles and the defendant.
R –v- H
Felicity represented a defendant charged with driving whilst unfit through drugs. The defendant worked for one of the emergency services, but was not on duty at the time and had been medicating for injuries received during the course of his employment.
R –v- E
Felicity represented an elderly lady prosecuted for driving without due care and attention. The defendant was convicted, but Felicity was successful in persuading the court not to disqualify the defendant from driving due to age and/or infirmity.
Read More +Close –
Biographical and Other Information
- Academic
- LLB (Hons) University of Southampton- 2:1 (2009). Bar Vocational Course, the University of the West of England- Very Competent (2010).