Lara Spencer
Civil Barrister
- Year of Call
- 2000; Head of Civil
lara.spencer@walnuthouse.co.uk
Civil Law
Overview
Lara is the head of our Civil Team in Chambers.
Lara has represented both Claimants and Defendants in a variety of matters for over 20 years and has appeared before most Courts and many different Tribunals. She has also given numerous talks and seminars in civil litigation to CPD providers and assisted in writing civil litigation material for online CPD providers. She is a member of the Professional Negligence Bar Association and the Personal Injury Bar Association. Many of Lara’s cases are high value. As such, she often appears against KCs. Although based in Exeter, Lara undertakes court work throughout England and Wales. Lara’s wide common law practice affords her with a thorough understanding of the processes and tactics of civil law and litigation, and enables her to provide specialist, pragmatic and practical advice. Similarly, her early experience at the criminal bar, during which time she prosecuted and defended in the Magistrates Court and Crown Courts, and her continued work there in planning and environmental matters, provides her with a continued specialist knowledge and experience of criminal law and practice.
Lara is registered to accept direct public access instructions and in these matters is certified to conduct all aspects of litigation.
Commercial and chancery
Overview
Lara has considerable experience of company, commercial and contract law having first practiced in the area in 2000. She is regularly instructed to provide urgent advice in relation to restrictive covenants, confidentiality obligations, intellectual property rights, senior employees/directors and employers on the imposition and breach of fiduciary obligations/duties, minority shareholders and unfair prejudice petitions and injunctions, advising and representing both individuals and companies.
Lara’s contract law cases often involve building disputes, joint ventures, sale of goods, consumer credit, commercial agency, insurance and guarantees.
S v A
Proceedings brought on the basis of default on a private mortgage in respect of the sale of a commercial business.
J v B
Strike out of contractual claim on the basis of illegality and/or against public policy as the underlying business involved the sale of drugs paraphernalia and the sale of illegal substances.
X v X
Representing one of the coaches in a premier league rugby club who alleged breaches of his contract of service when he was summarily dismissed following the club’s loss of a strategically important game.
P v T
Allegations of misuse of confidential information, breach of directors’ duties and misappropriation of business assets – compromised at mediation.
T v T
Family partnership dispute – issue as to whether the parents had breached an agreement to retire from the partnership.
V v E
Partnership dispute with E denying the existence of any partnership – matter compromised with E paying agreed sum to V.
C v D
Commercial contract dispute involving a contract to sell telephone lines and equipment, allegations of breach of the exclusivity clauses.
G v P
P refusing to pay a property finder’s fee. P defended on the basis of breach by failing to negotiate a lower purchase price.
B v S
B alleged that she had met S though a dating website. She sought judgment for large sums of money she lent S and money which he did not repay. S alleged inter alia that there was no relationship and he was merely the builder.
T v T
Claim against the Estate of T and the Estate alleged misappropriation of elderly lady’s funds by T.
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Land and Property (including Inheritance Act or TOLATA)
Overview
Lara’s real property work regularly involves her being instructed to in the areas of boundary disputes, restrictive covenants, easements, mortgages and charges, adverse possession, nuisance and trespass. In respect of landlord and tenant work she undertakes a broad range of work in this field. It covers both residential and commercial property and includes advising, drafting and advocacy. She is frequently instructed in possession actions by both tenants and landlords, which regularly include a number of local authorities and housing associations. She is experienced in dealing with a range of claims dealing with breaches of covenant, particularly quiet enjoyment and disrepair. She has been involved in a number of cases concerning anti-social behaviour. Her commercial work includes lease renewal disputes, forfeiture and disrepair. Her agricultural work includes farm business tenancies and agricultural occupancies.
Lara’s property work has included planning law in which she has been instructed by those seeking planning permission and local authorities which have had claims threatened or issued against them.
Lara is regularly instructed in TOLATA claims usually arising from the breakdown of a relationship or due to personal insolvency and/or debt recovery. She also undertakes work in respect of the Inheritance (Provision for Family and Dependants) Act 1975. She has experience of the more specialised tribunals, such as the Land Tribunal and Upper Tribunal (Lands Chamber).
C & D v. M
4 week High Court (Chancery) involving issues of estoppel, rights of way and ownership of land.
P P & D v W S
TOLATA trial involving the division of land owned by siblings of gypsy origin.
P & P v P
TOLATA claim and claims to plant and equipment made by son and daughter-in-law against father. Plant and equipment recovered in interim hearings and TOLATA claim compromised.
G v PM
Appeal against possession order and substantial damages sought. Instructed by PM.
B & B v L & L
Successful defence in a 2 day hearing in which C alleged that D (neighbours) had entered their garden repeatedly in an attempt to kill their trees. Indemnity costs awarded to D due to the unsubstantiated allegations of dishonest alleged and not made out at trial.
H v H
C was unable to manage his affairs and the claim was brought through a Deputy. It was alleged that H the son had wrongfully misappropriated H the father’s property in order to try and preserve it for inheritance rather than it being utilised for nursing home fees.
B&D v V & SB
Part 20 Defence proceedings involving Holiday Company seeking indemnity from hotel in Barbados in respect of an alleged defective lift.
H v J&J
Executor’s seeking the court’s guidance in respect of (land) trust property. Acting for one of the beneficiaries.
P v K
Alleged trespass and breach of right of support resulting in landslide.
S v S
High Court case in which the son contested the parents’ right to dispose of their farm alleging that it had been promised to the son and therefore the parents were estopped.
T v T
Family partnership dispute – issue as to whether the parents have breached an agreement to retire from the partnership.
V v E
Partnership dispute with E denying the existence of any partnership – matter compromised with E paying agreed sum to V.
B v P
Claim in respect of a neighbour dispute involving numerous allegations of breach of restrictive covenant.
C v D
Commercial contract dispute involving a contract to sell telephone lines and equipment, allegations of breach of the exclusivity clauses.
G & B v VM
Dispute regarding D reneging on an agreement to have mutual wills.
P v P
Family members TOLATA case involving the division of a restaurant and other commercial premises.
S v S
Family dispute involving whether large sums of money were a gift or a personal mortgage.
S v JB
£95,000 plus costs recovered from a modest Estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (‘the Act’) for a partner in a relationship of fairly modest duration.
C v L
Representing the Estate in a claim made by the cohabiting dependent pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (‘the Act’), concluded on mutually acceptable terms.
H v B
Representing wife who alleged that unbeknown to her husband had secured substantial business borrowings against the matrimonial home.
L v S
Claim involving failure to pay repairs in driveway easement case, included issues as to whether the works were repairs of improvements.
R v A
Subsidence claim brought against the insurance company who defended on the basis that the movement was historical and/or negligible. Substantial damages recovered.
T v V
Failure to pay mooring fees and unauthorised cultivation of the cliff tops. Claim for declarations, possession, damages and costs, representing T.
B & B v B & B
Representing D in a land claim in which C sought declarations and injunctions which included an injunction to remove a hedge. The matter was compromised predominately in D’s favour on the second day of the trial when C’s case collapsed.
C v N & N
C sought a declaration that she was entitled to carry out works to a roadway/right of way, which rand over the Ds’ Property and which they had grassed over and effectively turned into a lawn. D denied the right of way and in the alternative claimed it had been abandoned. D admitted C’s claim on the first day of the trial.
A & J v T & H
Dispute as to whether transfer included disputed land and in the alternative adverse possession 2 day hearing before the Adjudicator to the Land Registry.
C v W
Registration of land as adverse possession established.
S v LJ
Interim injunction obtained to secure S’s occupation – substantive proceedings issued in respect of a declaration as to whether S has a tenancy or interest in the equity in the property.
W v S
Claim for a new business tenancy pursuant to the Tenant Act 1954.
C v G
Dilapidations at the end of a commercial tenancy, trial and subsequent appeal.
SMR v S & S
Commercial leases whether estate and other management charges were properly recoverable.
A & A v ECC
Commercial property dilapidations damages, declarations and cost recovered in a case with a full repairing lease notwithstanding that the property had been let in a fairly dilapidated state.
A v M
Claim against the freeholder by the leaseholder due to failures to adhere to the landlord’s obligations in the lease and thereby diminishing the value of the lease.
C v B
Commercial lease case in which the disputes included if notice to quit and been given and whether there was a tenancy protected by the Landlord and Tenant Act 1954.
C & C v C
Commercial tenancy case in which rental sums were recovered against D who claimed breach of quiet enjoyment and harassment.
T v B
Representation for the local planning authority regarding live/work units.
T v B & B
Representation for the local planning authority regarding permitted development rights.
H v S Q
Representation in respect of alleged mooring rights.
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Planning and Environmental Law
Overview
Lara is instructed regularly by Local Authorities or those representing those affected by Local Authorities’ decisions and/or enforcement proceedings. Lara also accepts instructions on a direct access and/or public access basis in respect of all aspects of planning and environmental law.
She has particular expertise in planning enforcement matters with successes for Local Authority clients throughout the South of England which include the recovery of significant costs in addition to major fines. Lara has also successfully represented those on the receiving end of planning enforcement proceedings.
Lara has been involved in cases for listed buildings consent cases and other cases where listed buildings consent has not been obtained (when it should have been) and buildings have been damaged or destroyed. She also represents the parties involved in planning appeals and planning inquiries.
In respect of statutory nuisances, Lara advises on all aspects of abatement notices and the appeals of such notices. She is regularly involved in representing all relevant parties and in proceedings which range from small domestic to large commercial activities or premises.
Personal Injury and Fatal Accidents
Overview
Lara has extensive experience of personal injury claims representing both Claimants and Defendants. National and regional firms instruct her. She is regularly instructed on cases in which the value exceeds £1million, but will also undertake high-end fast track work and all levels of multi track work.
Lara has extensive advocacy experience in long and short trials and applications, in addition to advising and settling statement of case, schedules and counter schedules of loss, and professional and lay conferences, mediations, and round table discussions.
Lara’s personal injury and fatal accident work includes all aspects such as road traffic accidents, employers liability (including stress at work claims), occupiers’ liability, Animals Act claims, defective premises, industrial injury and illness, nuisance, Consumer Protection Act cases and general negligence. Lara is regularly instructed in cases involving mesothelioma and other asbestos related injuries, brain injuries, amputation and paraplegia claims.
Lara has been involved in claims and provided talks and seminars on issues such as fundamental dishonesty, collusion between parties to ‘stage’ accidents, exaggerated and fabricated claims. She advises on information searches, and analyses expert surveillance and engineering reports as well as enquiry agent and loss adjustor investigations. Lara also has extensive experience of jury and coroner only inquest hearings, representing bereaved families and other interested parties. She has appeared in workplace health and safety inquests, for employees crushed or otherwise fatally injured whilst operating machinery and/or working in unsafe systems of work.
XY v XY
Instructed over a period of 5 years from shortly after the accident until concluded by settlement. The case involved brain injured pedestrian who has been stuck by a car when crossing the road. Liability remained in issue, and notwithstanding this, the case was settled for £3 million.
XXXXXXX v YYYYYYY [2022]
Clinical negligence case involving a child injured at birth. Lara was instructed over a 10 year period in which the litigation was stayed and then continued when the stay was lifted and the child had matured – resulting in a mediated settlement of £2.2 million shortly before the trial. The injured child had sustained mild cerebral palsy and hearing loss. The child would have no capacity issues and was expected to go to university and thereafter to obtain a professional career.
Adams v Bracknell Forest Borough Council [2004] UKHL 29
Case involving a claimant’s knowledge in respect of sections 11 and 14(3) of the Limitation Act 1980.
E v M
Psychological/psychiatric injury causing paraplegia – settled for £1.3 million.
F v W
Claimant trampled by a horse.
A v T
Successfully alleged medical negligence in failing to tell A to remove his shoes before changing in to medical scrubs. Failing to remove his shoes caused him to fall sustaining injury.
F v MV
Employee suffered burns to his face and hands in an accident at work. C returned to work but may not be able to continue until retirement £200,000 recovered.
G v TT
Over £85,000 in total recovered for a fairly modest shoulder injury but which caused a serving soldier to lose out on potential career advancement and other potential career benefits.
M v ADB
Sexual abuse case involving a member of the church, brought out of time but successfully concluding in damages for M.
W v A & S C
Damages awarded to W who tripped over a Police battering ram and injured his knee whilst in Police custody for matters concerning allegations of dishonesty.
C v MJM
Recovered substantial damages for C when he lost part of his foot in the tail lift of a lorry while assisting MJM on a volunteer basis.
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Professional Negligence including Clinical Negligence
Overview
Lara’s practice includes professional negligence work in which again she takes instructions from both Claimants and Defendants, such claims often being brought against, solicitors, surveyors and conveyancers.
Lara has a successful high value clinical negligence practice, where her compassionate approach allows vulnerable and often distressed clients to feel as at ease as possible and to have confidence in her expertise.
Professional negligence
X v X
Alleged negligent veterinary treatment leading to the destruction of C’s mare. Litigated and then compromised in the C’s favour.
H v X
Professional negligence claim against solicitors due to alleged negligent failures in the assignment of a lease of a public house – compromised during mediation.
WH v H
Judgment entered for over £100,000 of unpaid legal fees and a counterclaim pleaded at £1.5 million was struck out. This judgment was upheld on appeal.
E v D & F
C sued for its base fees from a CFA alleging breach of the agreement. D counterclaimed for professional negligence in failing to advise in respect of ATE insurance.
F v PD
Alleged professional negligence by compromising a PI claim without including a claim for loss of earnings.
Medical negligence
T v C
Negligent medical treatment leading to ‘locked in syndrome’. Pleaded value of the claim was £6million.
W v C
High value claim for one twin damaged at birth by medical negligence in a case where the other twin was unharmed.
F v C
Delay in diagnosis resulting in reparatory failure in young woman.
M v T
Wrongful diagnosis of epilepsy and 4.5 years of prescriptions for the wrong drugs – successfully compromised.
S v T
Failure to diagnose and treat injury ulna nerve lesion.
R v PCH
Medical negligence, failing to treat C’s bedsores, which contributed to his death.
C v D
Alleged defective medical metal hip implant.
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Employment law
Overview
Lara represents both employees and employers in all aspects of employment law. Lara is able to advise and represent employers in the county court and employment tribunal claims in matters such as their rights and responsibilities in the workplace in matters such as sick leave, maternity, paternity and parental rights, policies and procedures, grievance and disciplinary matters, drafting and negotiating on compromise agreements, and redundancy procedures; essentially, in defending any proceedings brought against them by employees or former employees as well as general advising work.
In respect of advising and representing employees Lara undertakes all aspects of employment law including unfair dismissal, compromise agreements, race, sex, disability or age discrimination, redundancy, bullying, harassment or TUPE. It is expected that the Covid-19 pandemic will result in a large number of employment disputes for which Lara is ready to assist.
X v XX representing the coach formally of a premier league rugby club in matters of breach of contract and unfair dismissal.
X v XX whistleblowing case representing a care worker who alleged that residents of the care home were being abused by a number of the other employees.
X v XX representing members of the Fire Brigade who were alleged to have bullied another employee.
X v XX representing employers who terminated the employment of a pregnant employee and who alleged to have done this solely because she was pregnant.
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Other Civil Work
Lara has undertaken a number of cases in which claims have been brought or defended in respect of slander and defamation matters.
She also undertakes many civil applications under the CPR, including: admissibility of expert evidence, cost capping, interim payments, summary judgment, provisional damages, strike out and relief from sanctions.
WH v H & H
Summary judgment application in which judgment was entered for over £100,000 of unpaid solicitors fees. The counterclaim for over £1million was struck out.
M v AW
Alleged breach of a compromise agreement by publishing on a website defamatory material and/or material the publication of which was alleged to breach the compromise agreement.
C v W & B
High Court defamation proceedings for defamatory material on Facebook.
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Biographical and Other Information
- Academic
- Lara obtained a First Class LLB Honours Degree from Exeter University along with numerous prizes and a Scholarship from Lincolns Inn.
- Membership
- She is a member of the PIBA and the PNBA.
- Appointed
- She is certified to conduct all areas of litigation in the same manner as a solicitor would, as well as providing all the usual services of a barrister.