7KBW

Work is apparently “top rate across the board”. Recent eye-catching cases have included work on the Premier League Commission on Everton F.C.’s points deduction; leading on the Covid-19 Business Interruption Test Cases; and, advising on Russian anti-doping rules for the Court of Arbitration for Sport. The subject matter is clearly very varied. One junior tells us: “I learn so much about the world! Everything from food to helicopters to pipelines to animals to rugby players…!” Another adds: “Commercial work is not all dry contracts (which are also interesting if you enjoy picking apart language and puzzles). Often the dispute revolves around a dispute about what happened and that can involve expert evidence on anything from, by way of example, how Putin governs in Russia, to the quantity of gas/oil that is likely to be produced by a field”.

More recent cases taken on by members include Stephen Hofmeyr KC appearing in the Supreme Court twice in 12 months on cases borne out of piracy and silver recovered from a ship wrecked in the Indian Ocean during World War II, Jawdat Khurshid KC and Andrew Pearson acting in the sovereign debt recovery claim against Cuba which involves allegations of bribery (total sums affected by this litigation amount to a whopping USD 4.5 billion!), and several silks and juniors are acting in a $400 million trade credit insurance dispute in relation to the Greensill collapse.

A large number of 7KBW tenants are also instructed in one of the largest and most significant disputes in the Commercial Court to date, namely a series of multi-billion-dollar claims, in multiple jurisdictions, for the loss of aircraft stranded in Russia (and elsewhere) following the invasion of Ukraine and the imposition of sanctions by the UK, EU and USA. Exciting stuff!

It’s not just the seniors acting on the exciting cases either. Juniors tell us their work is “extremely intellectually challenging and enjoyable”. They tend to divide their time between advising and representing clients in court and arbitration in small cases and being led by silks in more complex matters. While the pupillage is generally non-practising, there is opportunity for pupils to see and work behind the scenes on big cases. According to one pupil, “it can be the red meat of heavy arbitration one day and the rarefied manna of an appeal to the Supreme Court the next”.

Despite their busy schedules, “there is always a friendly ear if someone has a problem”. There is a strong collegiate sense at the set, with one tenant explaining: “I can’t fault the support from colleagues in chambers. One of the real positives about working here is that we all genuinely get on, and everyone is always willing to help.” Another junior adds: “Being smaller than most of our competitors helps maintain a supportive environment.” There is a mentoring scheme for new tenants as well as for those returning from parental leave.

Inevitably, life at the bar doesn’t always lend itself to a perfect work/life balance. As one junior notes, “there are good policies in place, but it’s a very hard-working set!”. Overall, however, tenants at 7KBW generally seem happy with their lot. One member explains: “The nature of commercial law is that there will be crunch points in the run up to a bif trial where work-life does not feel particularly balanced. But members are encouraged to take time off in between big cases. Lots of more senior members of chambers set a good example in this regard. Also, the support is there if someone is struggling in a busy period.” We are also told “the clerks are very supportive of members and do not force members to take on work”. Another tenant, with three small children, says they usually need to have weekends free and “this is not a problem” for the set. One junior summarises: “You can be as busy as you want to be — really.”

When members do have some down time, they may be found at the regular chambers’ tea, Friday drinks, or monthly lunches. Respondents speak of a noticeable uptick in the social life at 7KBW, with one going as far as to say it’s been “revolutionised”! We’re told the social committee is always setting up events throughout the year and there are also chambers-wide parties for important occasions including summer and Christmas parties.

When it comes to the setting, 7KBW is “very impressive” externally. Situated in the heart of Temple and next to Inner Temple Gardens, there are beautiful views. Inside, we are told that the set is “gloriously Dickensian”. One junior notes: “There’s a thrill in knowing people have been practising law in the same building for over 300 years”. Several insiders admit the building needs a refurb and we hear on is on the way. Apparently, though, the “draughty/ramshackle” rooms inside are “part of the charm” of the set. As one junior puts it: “If you want strip lighting, minimalist furniture and corporate vibes, you may want to look elsewhere…” Another says: “There aren’t many jobs in which you get to work in a Christopher Wren house in central London, and we are lucky that this is one of them. Obviously old buildings come with their foibles — it doesn’t have all the convenience of a purpose built modern office — but the character is quite something and I wouldn’t want to give it up.”

If that doesn’t sell you, take it from this junior: “I think we compensate for the old building by having the highest quality IT and tech support.” We are told there is “7KBW have just moved to a new IT provider this year and they are fantastic thus far”.

If you’re sold on 7KBW and considering applying, you will find yourself competing for one of up to four pupillage spots per year. There is a generous award of £80,000 on offer. Aspiring pupils should make their application through the Pupillage Gateway. Candidates will be assessed on their intellectual ability, analytical ability, written and oral advocacy, temperament and interpersonal skills, and commitment to the commercial bar and 7KBW. Those scoring highest on the paper application will proceed to first-round interviews, with the top-ranked candidates then being called back to a final interview.

7KBW emphasises that it particularly welcomes applications from those under-represented at the commercial bar and 7KBW itself. Chambers participates in the 10,000 Black Interns Project and Pegasus Access and Support Scheme (PASS), and Bridging the Bar’s mini pupillage programme all of which are designed to expand opportunities for students from under-represented groups to experience life in chambers. It is also a supporter of The 93% Club, the UK’s largest network of state-educated university students.

Those successful in their applications will sit with four supervisors and will assist in preparing for trials and applications, and attend court, conferences and arbitrations. As well as their supervisors, pupils will complete work for other members of chambers, allowing them to see as great a range as possible. The pupillage tends to be non-practising until after tenancy decisions are made, allowing pupils to focus on learning. The training is highly rated: one tenant says it is “unbelievably tough, but by the end you’ll be able to conquer any commercial problem”.

Secondly, a number of the students doing the BCL alongside me were committed to applying for pupillage, which made the prospect seem more achievable — if they could do it, then I could surely do it as well!

It was during the following year, while I was a Judicial Assistant at the Court of Appeal, that I made my pupillage applications. Being a Judicial Assistant was extremely valuable — I was able to experience a wide range of commercial appellate work (picking up advocacy tips along the way) and wrote a number of bench memoranda for judges which was great preparation for writing advice during pupillage. I applied to ten commercial and commercial chancery sets during the pupillage period, and after a somewhat intense period of interviews in spring 2020 (not helped by the fact that interviews had moved online due to Covid), I ultimately chose to do pupillage at 7KBW.

The pupillage experience

The pupillage year is a challenging one in which the aim is to test your skills and stretch your abilities, in order to make you a better barrister. There’s no point denying that there were times when it felt pretty relentless. That is ultimately the nature of pupillage, whichever set you go to.

Despite the inevitable challenges, pupillage at 7KBW was a positive experience in which I was able to develop my skills in a supportive environment in which everyone wanted me to succeed. The barristers and staff at 7KBW made it their mission to be open, kind and welcoming from day one, and that made the beginning of pupillage much easier. There are three points about pupillage at 7KBW that I would like to highlight.

First, at 7KBW there is a commitment to training rather than testing. I can firmly say that there is no pressure to perform at the level of a ‘fully fledged barrister’ from day one, and instead it is expected that you will improve throughout pupillage. The focus is on introducing you to a wide range of work and developing your skills across chambers’ practice areas, normally through working on the live cases that your supervisor is doing at the time. You get feedback on each piece of work that you do during pupillage, so you know what you need to work on and have the time to be able to do so within the pupillage year. My pupil supervisors also made sure that I was doing work across a broad range of practice areas, and that I was practising a wide variety of skills (e.g. drafting, advice, advocacy etc.). This meant that by the end of pupillage, I was comfortable that I had a strong foundation of knowledge that I could apply effectively as a tenant.

Secondly, while the assessments are undoubtedly the most gruelling part of pupillage, at 7KBW there is real thought placed into the manner and timing of these assessments to allow you to perform your best. During pupillage, there are three advocacy assessments and five written assessments, all of which take place during the second half of the pupillage year. They are not competitive between the pupils – every pupil gets marked independently of each other. This kept the pressure low and the comradery high between us; it was certainly encouraging that we could have a celebratory drink at the end of assessment weeks! It also helped that there was a commitment to sensible working hours throughout pupillage which extended to pupillage assessment weeks — in general, I left chambers between 6 and 7pm every day during pupillage and I was given enough time for my work that I did not feel rushed to finish anything. The advocacy assessments were particularly valuable, as they were the only real opportunity to practise and hone advocacy skills during pupillage. There is an expectation that you will receive feedback in the first advocacy assessment and apply that going forward; perfection is certainly not required!

Thirdly, what really helped during my pupillage year was the supportive network of people within chambers who were committed to making it as enjoyable as possible. It is true that everyone wants you to succeed, and that was made clear to me from the number of people who would check in regularly and the ‘open door’ policy of members of all seniorities who were happy to answer any and all questions I had. In particular, there are two members of chambers in charge of pastoral care who have no say in the tenancy decision, who kept an eye on how we were doing and organised drinks and other informal social events for the pupils during the year. There is also a social committee which organises lunch every week, a breakfast and drinks event every term, as well as other social activities. There are certainly plenty of opportunities to have fun with members of chambers during the pupillage year.

The transition from pupil to tenant

Tenancy offers are made towards the end of the third seat in pupillage. This means that during your fourth seat, you can start taking on your own matters.

I was lucky enough to be instructed as junior counsel pretty quickly on a few large commercial matters, which have taken up most of my time during my first couple of years of practice. Two of those cases were ones which I had worked on during pupillage, which made the transition much easier. I was working with the same teams and with the same leaders as during pupillage, and that level of familiarity really put me at ease.

I also took on a few small matters as sole counsel in my fourth seat. This allowed me to get more advocacy experience and develop my confidence in making strategic decisions. Members of chambers, including my supervisor, were happy to answer any questions I had and to act as a sounding post, which was invaluable during those early months of practice.

Crucially, we were encouraged to take a break between the end of pupillage and start of tenancy. Pupillage is a gruelling year and it is important to take some time to unwind and reset. Taking a break (even for only one or two weeks), made the transition from pupil to tenant a lot smoother, as it meant I came back in September feeling recharged and ready to get started.

What is your practice like now?

At the time of writing, I am just coming to the end of my second year of practice. Over the last two years I have worked on a wide range of commercial disputes, including a multi-million pound arbitration concerning a dispute under a cyber insurance policy for losses arising from a botched data migration, an arbitration concerning alleged breaches of duty by a shipping company in failing to pay sums of money to certain parties, an LMAA arbitration concerning damage to a cargo of soya beans, as well as acting for the Financial Reporting Council in a disciplinary investigation under the Audit Enforcement Procedure. At the beginning of this year, I acted as junior counsel in a three-week trial concerning a dispute under a marine insurance policy which arose out of a vessel’s detention in Indonesia, a case which has now gone up to the Court of Appeal. I have also worked as sole counsel in a number of smaller matters (including smaller cases in the County Courts to provide advocacy experience).

In the next few months, I am part of a team of counsel appearing in the Russian aviation “mega trial” which is taking place in the Commercial Court for 12 weeks commencing October 2024.

In the next few years, my aim is to continue to build my practice and to take on more matters as sole counsel, as well as to work with more members of chambers.

What is the culture of chambers?

The culture of 7KBW is one of openness and friendliness across all levels of seniority. During pupillage, this made a difference as people really went out of their way to make sure we felt welcomed and included. For example, we were invited to events happening at chambers throughout the year like weekly chambers tea, the Christmas drinks and the new silks’ party. On a day-to-day basis, we were regularly invited to lunch or coffee, and people would often pop into our supervisor’s rooms to check in and have a chat.

As a junior tenant, one thing I have found very positive is the relationship between the clerking team and members of chambers. When you first become a tenant, it is difficult to judge how much work you can take on and how long work will take. What really made a difference to me when starting out was being able to have open and honest conversations about these matters with the clerks. They are without fail encouraging and accommodating, which has allowed me to feel comfortable with my practice from a very early stage.

In general, the social side of chambers is varied yet has a relaxed quality to it. The most regular social activity is weekly lunch in hall which is organised by the chambers social committee, though ad hoc lunches are also common. There is weekly chambers tea which members dip in and out of, depending on work schedules. There is no pressure to attend though it is nice to pop in every so often. The social committee organises several events a term, including an ‘activity-focused’ social event which in the past has included Pétanque, ping pong and pizza nights.

Top tips for those wanting to become a barrister/secure a pupillage at your chambers

Preparation is key. The vast majority of applicants will have similar academic records and most will have at least some work or other experiences relevant to a career at the Commercial Bar. What will make a difference when it comes to your written application is really taking the time to think about the particular set and how you can best draw on your individual experiences to inform your answers to the specific application questions. It is important to make reference to your own personal experiences and strengths in demonstrating why you are interested in and are well suited to a career at the commercial bar. In short, don’t leave your application to the last minute, take your time and really tailor your application to 7KBW. When it comes to interviews, the same point applies. The second-round interview at 7KBW involves an advocacy exercise for which you are given one week to prepare. Use that week to the fullest extent that you can, in order to give yourself the best chance of success on the day!