Laura Searle
Civil and Family Barrister
laura.searle@walnuthouse.co.uk
Civil Law
Contract Disputes and Debt Recovery
Overview
Laura represents clients across a range of sectors, including IT, accountancy, farming and construction, both claiming unpaid debts and defending actions on the basis that the goods and services required are not of satisfactory quality or that there has been a breach of consumer protection legislation. She also has extensive experience representing utility companies, digital communications companies and debt recovery agencies against litigants in person.
B v T
Laura acted for a claimant in a multi track claim for a dishonoured cheque in which it was argued by the defendant that there had been no concluded underlying agreement. She successfully obtained a favourable ruling on the preliminary issue as to the existence of an agreement and went on to negotiate an agreement at the door of court.
Re S Ltd
Laura represented a local IT company who had designed and built a website for a client who then refused to pay its invoice, citing a number of alleged technical faults with the site. Taking the time to understand the business and the intricacies of website design enabled her to effectively represent her client at the trial and obtain full payment of the amounts outstanding.
S v W
Laura drafted the Defence and Counterclaim for an individual who was disputing his architect’s invoice in a particularly complex project where there was also a potential unfair contract terms defence under the forerunner to the Consumer Rights Act 2015. She went on to successfully defeat the claim at trial.
H v R Ltd
The claimant had filed extensive Particulars of Claim claiming breach of consumer rights legislation and protection from harassment legislation. By making clear focused submissions setting out why the claimant’s arguments were misconceived in law, Laura was able to defeat the claim in its entirety.
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Housing and Property Disputes
Overview
Laura acts for and advises tenants and landlords in a variety of housing matters and has experience acting in Part 8 claims under s213 and s214 Housing Act 2004. She has acted in mortgage possession proceedings and for licensors and licensees in the agricultural and holiday park sectors in claims for breaches of the licence agreement.
L v P
Laura was instructed to act in a case in which the licensor brought proceedings against a licensee for breach of a licence agreement by unlawful subletting and successfully obtained summary judgment for the injunctive relief sought together with payment of costs.
S v C
Laura advised the tenants who were facing claim for rent arrears, including giving frank advice on the merits of a counterclaim for breach of the landlord’s statutory and contractual obligations and evaluating the realistic options for settling the dispute.
In August 2016, Laura was seconded to the Environment Agency in Exeter to work with the Property Law Team. She had to hit the ground running and quickly get to grips with the files assigned her to be able to advise on a range of issues, including the construction of licence and lease agreements, the Agency’s statutory powers of entry and intra-UK jurisdictional issues.
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Personal Injury
Laura advises and acts for both claimants and defendants in fast track and multi track personal injury claims and is willing to accept instructions on a CFA basis in appropriate cases. She also has experience of acting in CICA cases. She is a member of the Personal Injury Bar Association.
F v S Ltd
Advising in writing and in conference in a case concerning an accident at a boat yard. Laura had to acquired a detailed understanding of the technical aspects of such work to be able to comprehensively advice on prospects.
L v Ltd
Advising on quantum and an appropriate settlement figure in a case in which the claimant ran a business and wished to claim for loss of profits and loss of chance. Robust advice was required on the likelihood of those aspects of the claim proceeding and the evidenced required in order to make out those losses.
C v Z
Laura acted for a claimant in a claim against his employer for injuries suffered as a result of being assaulted at work by a vulnerable service user (X). By considering in depth the defendant’s policies and records, she was able to construct a case on errors made in relation to the levels of observations that X was placed under at the time of the incident.
X v Y
Advice on prospects in a complex case where the date of the claimant’s knowledge under s14 of the Limitation Act 1980 was in issue. This necessitated extensive research and consideration of the vast body of case law that exists interpreting those limitation provisions.
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Other Civil Work
Laura regularly represents claimants and defendants in credit hire disputes. She has a thorough grasp of the applicable case law and issues that are frequently raised in such cases. Shehas also acted in insolvency proceedings and recently advised in relation to a declaration under the Presumption of Death Act 2013.
Family Law
Care
Overview
Laura has extensive experience acting for Local Authorities, parents and Guardians in care proceedings, including representing young and vulnerable parents, clients with learning difficulties and clients with chronic health conditions.
Re A
Laura represented a mother with a chronic degenerative condition. She worked effectively with the mother’s advocate and the intermediary to ensure that she gave clear advice that was easy to understand, thus ensuring that the issues were narrowed and resolved at IRH without having to put her client through the stress of a final hearing.
Re L
Laura’s client was a young mother whose young baby had presented with unexplained injuries. By establishing a good relationship with her client and approaching the case with sensitivity, Laura was able to guide her through the process of the initial case management hearing.
Re D
Laura recently represented the Local Authority on an urgent application to the court in ongoing care proceedings made after the child suffered unexplained injuries in her parent’s care. The case required careful cross examination and presentation of the evidence to persuade the court to endorse the proposed change to the care plan and remove the child to foster care.
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Private Law
Overview
Laura regularly acts for mothers, fathers and grandparents making or responding to applications in respect of their (grand)children. She acts in cases involving allegations of domestic abuse, sexual violence, mental health issues and where there is or has been Local Authority involvement.
Re F
Laura was able to bring an application for a CAO to an early conclusion at the FHDRA by advising her client on a realistic framework for future contact and negotiating a detailed agreement with the respondent at the door of court.
Re K
In a recent case, by carefully cross-examining the Cafcass officer at the final hearing, Laura successfully defeated an application for a Child Arrangements Order by a father in a case where there were historical convictions and there had been previous local authority involvement.
Re A
Laura represented a client who required an interpreter who unfortunately arrived late at court due to traffic difficulties. She had to employ sound conferencing skills to elicit instructions from her client with limited time so as to ensure that an effective hearing can take place.
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International Law
Overview
Laura is developing an international dimension to her family practice and welcomes instructions in this area, particularly in child abduction cases and cases in which international issues arise in care proceedings. She brings a sound understanding of the principles of EU law, having previously worked for the European Commission and Court of Justice of the European Union.
Re H
Laura recently represented a mother before the High Court in proceedings in which a determination was required as to whether the child was habitually resident in the UK. Laura’s comprehensive skeleton argument clearly drawing the court’s attention to the relevant case and arguments was crucial to the case being heard on the day and avoiding unnecessary expense or delay for the client.
Re D-M
Laura received urgent instructions to advise on and draft an application on behalf of a European national involved in care proceedings in the UK to transfer jurisdiction under Article 14 BIIA. By producing a detailed advice, she was able to guide her instructing solicitors through the process enabling an application to be made and fully argued at the next hearing.
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Other Family Work including Financial
Laura represents clients in financial remedy proceedings from FDA through to Final Hearing and has experience acting in cases involving complex business interests. She regularly acts in injunctions proceedings and also has experience in tribunal appeals from decisions of the Child Maintenance Service.
Biographical and Other Information
- Languages
- French (fluent); German (conversational).
- Achievements
- Laura has a master 1 in European law from the Université de Rennes I, France. Prior to joining chambers she worked in Brussels and Luxembourg at the European Commission, law firm Latham & Watkins and the Court of Justice of the European Union (CJEU). She has also previously taught EU law to undergraduate students at the University of Exeter.
- Academic
- In Autumn 2016, Laura spent three months working in Wellington, New Zealand, at top commercial law firm Russell McVeagh on a Pegasus Scholarship awarded by the Inner Temple. During her time with RMcV she worked on judicial review, human rights and commercial litigation files.
- Honours
- LL.B (Hons) European (Exon) – first class, 2009; Master 1 EU Law (Rennes I) – first class, 2009; Bar Vocational Course (College of Law) – Very Competent, 2010.
- Scholar
- Denning and Eastham scholar, Lincoln’s Inn (2009, 2013); AP Langlois prize for the best graduating LL.B (European) student, University of Exeter (2009); CEDR UK Negotiation Competition champion (2010.
- Public Access
- Laura is accredited to undertake public access work.