3PB

Administrative and public law; Education; Employment and discrimination

A highly-experienced barrister: dedicated and incisive with an excellent ‘bedside manner’
Caroline Stone’s practice focuses on public law with a particular expertise in national security litigation and a developing practice in education law. She also has significant experience of employment cases.

Caroline is an accomplished advocate and acts on behalf of a diverse range of clients, including individuals, companies and a variety of public authorities. She is frequently instructed in complex matters raising issues of public importance, including human rights challenges, and has appeared before the Court of Appeal and High Court, in addition to various specialist Tribunals and the County Court. She is a member of the Attorney General’s B Panel of Junior Counsel to the Crown, having previously been appointed to the C Panel.

Notable cases include:

• In the matter of Russian sanctions - advice regarding Ukraine-related designations and closed material procedures under the Sanctions and Anti-Money Laundering Act 2018.
• R (Sarkandi, Nabipour and Ors) v Secretary of State for Foreign and Commonwealth Affairs [2015] EWCA Civ 687, [2016] 3 All E.R. 837 - the leading appellate authority on s.6 of the Justice and Security Act 2013 and the use of ‘closed material’ in civil proceedings.
• Z, Y, U, W, BB, PP and G v Secretary of State for the Home Department [2015] EWCA Civ 9 - protracted litigation regarding the continued feasibility of HMG’s Deportation with Assurances policy (proposed deportations of suspected terrorists to Algeria).
• In the matter of an Academy - advising the Department for Education in a high-profile case concerning the potential termination of an Academy’s funding as a result of poor governance and failure to comply with the Independent School Standards (in particular, provisions relating to safeguarding and the need to promote community cohesion, including concerns about extremism and radicalisation).

Caroline is a founding and Assistant Editor of and contributor to the leading practitioner’s textbook National Security: Law, Practice and Procedure (Oxford University Press, March 2021).

Caroline’s meticulous attention to detail, tenacity, pragmatic advice and personable approach are among her key strengths. These skills are of particular value in the protracted, multi-party (claimant and/or defendant) cases in which she is often instructed, especially those involving substantial documentation.

Complementing her domestic practice in public law and human rights, Caroline also has extensive experience of international law and foreign jurisdictions. Whilst working at the War Crimes Chamber of the State Court of Bosnia and Herzegovina (Sarajevo) prior to joining 3PB, Caroline’s caseload included Bosnia’s first genocide trial relating to a massacre at Srebrenica. In 2012, she was a Judicial Assistant to the Appeals Chamber of the Special Court for Sierra Leone (based in The Hague), dealing with appeals arising from the conviction of Charles Taylor, former President of Liberia.  In late 2011, as a Pegasus Scholar, Caroline undertook a 2-month secondment at the Legal Resources Centre, Cape Town, one of South Africa’s pre-eminent public-interest law clinics.

In 2009, Caroline was nominated for a Bar Pro Bono Award for her involvement in R (Compton) v Wiltshire Primary Care Trust [2008] EWCA Civ 749, 1 WLR 1436 (a leading Court of Appeal authority on protective costs orders, the predecessor to cost-capping orders), for which she and her co-Counsel received a special commendation from the judging panel.

In her downtime, Caroline has a passion for singing and photography.

Administrative and public law

Administrative and Public Law cases of note include:

Inquests related to the Stalker-Sampson Inquiry (McKerr and Ors)
Advising as to disclosure obligations (including re. LPP) in ‘legacy’ inquests relating to the controversial deaths of nine individuals in Northern Ireland during The Troubles and associated allegations of a ‘shoot-to-kill’ policy on the part of the British Army and Royal Ulster Constabulary.

In the matter of an Academy
Advising the Department for Education in a high-profile case concerning the potential termination of an Academy’s funding as a result of poor governance and failure to comply with the Independent School Standards (in particular, provisions relating to safeguarding and the need to promote community cohesion, including concerns about extremism and radicalisation).

Syed & Ors v Secretary of State for the Home Department [2014] EWCA Civ 196 (sole junior)
Interpretation of the Immigration Rules: (i) whether ACCA’s Professional Level Qualification was a “UK recognised bachelor or postgraduate degree” qualifying for the award of points under the Tier 1 (Post Study) work route; (ii) role of UK NARIC in assessing the level of non-degree qualifications obtained in the UK.

Cattrell v Secretary of State for Work and Pensions [2011] EWCA Civ 572 (sole junior)
Successfully resisting an appeal by the Secretary of State challenging the award of Incapacity Benefit, in exceptional circumstances, to an individual who had severe allergy (interpretation of the Social Security (Incapacity for Work) (General) Regulations 1995).

R (Compton) v Wiltshire Primary Care Trust
[2009] EWHC 1824 (Admin), [2010] P.T.S.R. (C.S.) 5
Judicial review of a PCT’s decisions regarding the closure of hospital facilities. Key issues included (i) the lawfulness of the consultation process and (ii) the principles governing the apparent bias of advisors to public authorities.

[2008] EWCA Civ 749, 1 W.L.R. 1436 (assisted during pupillage)
One of the leading Court of Appeal authorities on protective costs orders, the predecessor to cost-capping orders: guidance on (i) the criteria and procedure for making and setting aside protective costs orders and (ii) the scope of the “general public importance” test.

SFO v Lexi Holdings Plc (In administration) [2008] EWCA Crim 1443, [2009] Q.B. 376
Drafting submissions for this crucial Court of Appeal case determining the scope of the amended ‘legislative steer’ contained in the Proceeds of Crime Act 2002.

Other examples of Caroline’s work in this field include:

• Advising as to the legality of a European Arrest Warrant issued against an individual residing in Cyprus (interpretation of the Child Abduction Act 1984).
• Advising former police officers in relation to challenging decisions taken by the Police Medical Appeal Board (receipt of injury awards/pensions).
• Representing a Councillor accused of breaching the Code of Conduct before his local Standards Committee and thereafter appealing to the First Tier Tribunal (allegations of bullying and breaching provisions regarding respect for others; whether actions undertaken in Councillor’s “official capacity”).
• Advising on and/or appearing in judicial reviews and other public law matters on behalf of HMRC and the former UK Border Agency, e.g. arising from condemnation hearings or other enforcement action.
• In her early years of practice, Caroline gained significant experience of asset forfeiture law, including civil recovery and restraint proceedings. Cases included advising the former Serious Organised Crime Agency as to the merits of pursuing civil recovery following a failed prosecution in relation to a £6 million fraud.

Please see Caroline’s National Security profile for further details of her judicial review, public law and human rights expertise.

Public Inquiries

Though she has yet to gain direct experience of Public Inquiry work, Caroline has had cause to consider Inquiry materials in the course of her national security cases, e.g. the Stalker/Sampson Inquiry (deaths in Northern Ireland during The Troubles) and the Detainee Inquiry, led by Sir Peter Gibson. She also has significant experience of protracted, multi-party litigation, usually involving multiple government departments and invariably requiring management of significant disclosure exercises.

Caroline is keen to further develop her interest in Public Inquiries and welcomes new instructions in this area.

Articles

Legislating in the Time of Corona – 3PB Education Newsletter, September 2020

Education

In the course of her public law practice, Caroline has undertaken a range of education-related cases. She is particularly keen to specialise further in Education law and brings to this area not only a wealth of relevant experience from other areas of her practice (e.g. disciplinary issues, discrimination claims and contractual disputes), but also a down-to-earth, considered approach which is particularly well-suited to the sensitive issues and high stakes often at play in education cases.

Caroline’s education-related experience to date includes:

• School admissions
  (clerking Admission Appeal Panels, including provision of legal advice regarding disability discrimination)
• School exclusions
  - Representing a school before an Exclusion Appeal Panel (under the previous regime)
  - Providing training to local authorities and Independent Review Panel members on legislative changes
• Judicial review
• Legal action in respect of Ofsted reports (schools)
• Appeals against suspension of registration by Ofsted (Early Years and Child Care providers)
• Governance issues in Academies
• Safeguarding
• Prosecutions for non-attendance (under s.444 of the Education Act 1996)

Whilst at PLP, Caroline’s education-related work included:

• Advising on the lawfulness of a University’s disciplinary scheme
• Advising a teacher about a potential judicial review in relation to a CRB certificate (which disclosed that the teacher had been the victim of a crime)
• Advice regarding a potential judicial review of a decision to close the (then) last all-male state school in Hackney

Cases of note include:

R (Dawatul Islam UK and Eire) v OFSTED
Successfully resisting a school’s application to judicially review an unfavourable progress monitoring inspection report (breach of the Independent School Standards; consideration of the Prevent Duty).
Findings challenged included those relating to the quality of education, the ‘spiritual, moral, social and cultural’ development of pupils, the welfare of students, leadership and Schedule 10 of the Equality Act 2010.

In the matter of an Academy
The case concerned the potential termination of an Academy’s funding as a result of poor governance and failure to comply with the Independent School Standards (in particular, provisions relating to safeguarding and the need to promote community cohesion, including concerns about extremism and radicalisation).

JC v OFSTED [2011] UKFTT 449
Successfully resisting an appeal against temporary suspension from the register of childminders (safeguarding concerns, including allegations of assault; relevance of concurrent police investigation considered).

In addition to the matters listed above, Caroline particularly welcomes new instructions in the following areas:

• SEND appeals
• Independent Review Panels
• Internal academic appeals
• Fitness to Practice hearings (student and Teaching Regulation Agency)
• Disciplinary and grievance procedures
• The intersection between national security and education law
• Higher education cases

Please see Caroline’s Public and Regulatory profile for details of other relevant experience.

Articles

SEND provision beyond 24 September 2020 - a brewing storm? – 3PB Education Newsletter, September 2020

Legislating in the Time of Corona – 3PB Education Newsletter, September 2020

Employment and discrimination

Caroline has significant experience of both advisory work and advocacy in employment law matters. Her cases range from preliminary hearings to substantive multi-day trials, representing the full spectrum of the labour market – from cleaners to hedge fund employees; care home providers to public authority employers (e.g. the Ministry of Justice, DWP and FC&DO). Caroline’s meticulous attention to detail ensures she is always fully conversant with the finer details of her client’s work environment - of particular assistance in relation to industries which are heavily regulated or more technical in nature.

Caroline has also advised on the merits of appealing decisions to the Employment Appeal Tribunal.

Caroline has experience of:

• Unfair dismissal – including constructive unfair dismissal, gross misconduct and the reasonableness of selection criteria for redundancy
• Employment status
• TUPE
• Unlawful deduction of wages (including bonus schemes)
• Breach of contract claims
• Whistleblowing: public interest disclosures relating to health and safety
• All forms of discrimination claims, including indirect discrimination
• Equal Pay Act claims

Cases of interest include:

Acting on behalf of the (former) UK Border Agency in successfully defending a claim for discrimination ‘arising from disability’ brought under the (then) novel provisions of s.15 of the Equality Act 2010 (consideration of the necessary causal link between the impugned conduct and the disability relied upon).

Successfully arguing that a school groundsman who had accounted for his own tax and national insurance for over 20 years, had a considerable degree of autonomy in the manner in which work was completed and undertook similar jobs elsewhere as a contractor, was nonetheless an ‘employee’ for the purposes of an unfair dismissal claim.

Advising as to whether a Civil Service injury benefit scheme (Ministry of Defence) was indirectly discriminatory on the grounds of age.

Advising whether termination of employment in order to prevent a local authority employee accessing his pension amounted to age discrimination.

Persuading a Tribunal that despite technical difficulties with its website having prevented a prison governor from submitting his claim online on the final day of the limitation period, it was nevertheless reasonably practicable for him to have presented his claim in time (consideration of (then) new procedural Rules and the validity of incorrectly-submitted applications)

Caroline represents both Claimants and Respondents, providing valuable insight into the complexities of the workplace environment and the underlying factors which drive and shape employment litigation. She is alert to the commercial realities which often call for the pragmatic resolution of a case.

Year of Call: 2005

Constitutional and Administrative Law Bar Association (ALBA) Human Rights Lawyers’ Association Education Law Association (ELAS)

MA (Hons) (Law), Downing College, Cambridge University Bar Vocational Course, BPP Law School (Very Competent, 9th in year of 300) Attorney-General's Junior Counsel to the Crown (B Panel) Assistant Editor, National Security: Law, Practice and Procedure (Oxford University Press, March 2021)

Singing and photography.