The Legal Cheek View
Heavyweight commercial set Twenty Essex is made up of 95 barristers, including an impressive 36 KCs. Headed up by Philip Edey KC and Charles Kimmins KC, the set is best known in the commercial world for its shipping and international trade work but has further expertise in commercial dispute resolution, energy, restructuring/insolvency, insurance, banking, and civil fraud. It also enjoys a strong reputation in rapidly growing areas such as crypto and cyber. For those set on a practice in commercial law, Twenty Essex should be high up on the list. The set is also one of the best in the country when it comes to public international law. Twenty Essex’s international expertise means that it has a global reputation — indeed, the set has a base in Singapore and members working across the Asia-Pacific region, as well as the offshore jurisdictions. It also has a large focus on international arbitration, with around two-thirds of its work being arbitration rather than litigation.
This reputation as a leading global set is certainly well deserved when you consider the calibre of work that even the juniors get involved with. “Members of chambers work at the cutting edge of global, agenda-setting issues”, says one, “from climate change to cryptocurrency, the work is always fascinating. Junior members get hands-on experience in these areas and the opportunity to work alongside leaders in their field. One day I might be working for government clients on issues high up the news agenda, and the next I might be in a high-value international commodities arbitration.” Fascinating stuff! Another rookie notes “I was very rarely bored during pupillage because my supervisors made a conscious effort to ensure that I was completing a broad range of tasks in a broad range of practice areas. There is a real emphasis on ensuring that all work is ‘pupil appropriate’, in that it contributes to your professional development rather than just assisting your supervisor. I was also very rarely given ‘dead’ work, which made pupillage feel a lot more realistic and stimulating.”
Juniors report following members to the Commercial Court, Court of Appeal and the Supreme Court in their first few months in chambers and a common response from new recruits when asked about their toils was that “no two pieces of work are the same” and “pupils were never given grunt work.” As one spy details: “Every piece of work given to us as pupils was about legal analysis and research with the aim of producing the kind of output that a practising barrister would produce — an advice, pleading, skeleton or note — and never about picking up loose ends or preparing bundles.”
We’re told that there’s a “relatively heavy focus on chambers’ traditional strongholds of shipping and commodities” but there’s also “plenty of interesting and sophisticated work in other areas of commercial litigation, including conflict of laws, international arbitration, fraud and insolvency, as well as opportunities to work on public law and public international law (for those who express an interest in these areas).” Those interested in commercial law shouldn’t be discouraged by the shipping focus either, as one insider tells us: “I did not come to Twenty Essex with any pre-existing interest in — or knowledge of — shipping, but during the course of pupillage I realised that this was the area of law which dealt with the law of contract at its purest, and becoming familiar with the legal issues that arose in shipping and commodities cases would be good training for any kind of commercial practice.”
Whatever it is that the set is getting up to, there’s always a law report or newspaper on the scene, with tenants leading some of the most significant and high-profile legal developments in their fields. The P&ID v Nigeria saw the overturning of an US$11billion arbitration award, and laid new ground in responding to “severe abuses” of the arbitral system. Previously, the ground-breaking Haliburton v Chubb Supreme Court case, one of the most important judgments concerning international arbitration in recent years, laid out the process for assessing whether there is a real possibility of arbitrator bias and what disclosures an arbitrator must make.
Members also acted on both sides of the €1billion “The Prestige” shipping dispute arising from one of the largest oil spills of this century and involving the Spanish and French states, and in the Supreme Court appeal, Mozambique v Credit Suisse & others, otherwise known in the legal press as ‘the tuna bonds case’.
It doesn’t end there, however. Tenants appeared in the FCA test case, dubbed “the insurance case of the century”, concerning whether thousands of businesses could recover under their business interruption policies for losses caused by the Covid-19 pandemic. Several are now appearing in the wide-ranging Russian aircraft claims, concerning the airline planes ‘lost’ in Russia following the introduction of sanctions. Another exciting case involved providing an amicus curiae brief to the US Supreme Court in a matter “concerning claims for US$250 million in compensation for the alleged coerced sale of a master trove of mediaeval art treasures known as the ‘Welfenschatz’ during the Nazi-reign of Germany”. Tenants’ public international law work can also bring high-profile cases, such as a case concerning Sheikh Mohammed bin Rashid Al Maktoum and Princess Haya’s children, in which Twenty Essex barristers were brought in on the state immunity issues. This is without even mentioning the set’s appearances in the ICJ and ECHR in Ukraine v Russia, or relating to state responsibility for the impacts of climate change.
Tech is another key area, with tenants recently acting in Crypto Open Patent Alliance v Dr Craig Steven Wright, on the identity of the inventor of Bitcoin; in a Commercial Court case which found an NFT auction to be outside the reach of English consumer protection legislation; and in a High Court case which ruled that a foreign state can be sued for alleged use of spyware — the first case to find an exception to sovereign immunity for allegations related to spyware.
Whilst many of the biggest cases will naturally be led by KCs or senior juniors, there are possibilities for more junior members to get involved. One junior tells us they “are given a lot of autonomy to take on substantial sole counsel cases and to get stuck into substantial elements of led work”. Whatever the work or case then, it’s safe to say that the Twenty Essex bunch are leading their field and breaking new ground.
Perhaps one of the biggest challenges at the bar is maintaining a good work-life balance. There are, naturally, “urgent cases and hearing demands”, however, we are told that “chambers is highly supportive, with members being open about the need to take time out. There is no ‘work all hours’ mindset, whether from barristers or clerks”. There is also an internal expectation that “pupils should never have to work outside normal business hours” which we’re told “is taken very seriously by all members of chambers.” As one current pupil says, “If I am attending a trial and the barristers work late into the evening to prepare for the next day’s hearing, they will still send me home at 6pm. This is supported by the rule of requiring all work for pupils to come through their supervisor, with only one piece of work being done at a time.” The mantra during your pupillage here is “quality over quantity” and insiders tell us that this is “central to chambers’ approach to pupillage”.
One rookie added: “if there is one take-away from my survey response, please use this — friends at comparable sets worked far longer hours under much greater pressure. Cannot speak highly enough of chambers for this!” We’re not sure whether idyllic or utopic is a better word, either way, impressive stuff.
In another boost for rookies and recruits, juniors are adamant that “virtually everyone — and particularly the supervisors — wants you to learn and succeed. The message from day one is ‘we think you’re good enough, and this year is about us trying to make sure we get you to where you need to be’. This manifests itself in all sorts of ways — from incredibly detailed feedback on bits of work, to lots of mentors providing quasi-pastoral support, to chambers making it clear to new-joiners that there is space to offer every pupil tenancy. “It is clear that creating a kind work environment is a part of chambers’ culture and there is a strong commitment to it at all levels of seniority” said one. This isn’t just a lone optimist either, as others note how “as a pupil, you get a real sense that members of chambers want you to succeed”, and that “juniors and silks alike genuinely keen to help you develop.”
“Chambers is extremely collegial”, says one member, with another adding: “I really value the support from my fellow barristers — not just my contemporaries but also those much more senior and junior than me”. The set has an open-door policy with members positively encouraging others to drop by for guidance and support or to pick up the phone to those not in chambers. One member adds that the set continues to strive to do more socially to maintain good cohesion among colleagues. It seems to be working, as one junior describes the set as being very “friendly”, others noting how “everyone at Twenty Essex is genuinely lovely”.
All this loveliness feeds into a fairly buzzing social scene with “casual cake” Wednesday’s being a notable highlight. There’s also chambers’ drinks every Thursday evening as well as yoga sessions and Friday afternoon fish and chip stints in the Middle Temple. Importantly, as great as these activities sound, there is no “expectation that pupils *need* to be there if they’d rather not be”. The socialising and friendliness at the chambers is therefore built around “people genuinely getting along with each other”, rather than, as one rookie put it, “enforced socialising”.
Based on the edge of the Temple area of London, just across from the Royal Courts of Justice, Twenty Essex has a “beautiful frontage” to its listed Georgian facade, with the building’s newly opened section being described as “very impressive indeed”. A new refurb has provided “excellent conference and events spaces” to go with a swanky roof terrace and well-appointed kitchens on every floor, equipped with all-important “Nespresso machines and a good supply of tea”. There are a few grumbles with the heating and the lifts — a natural consequence of working in such an old building – but these are said to be “very minor gripes in what is generally a very conducive work environment”.
As for tech support, we’re told that there is a “fantastic IT team” who get back to those in need “incredibly quickly”, with one member saying they have solved every problem they have encountered. Twenty Essex stands out by providing all its pupils with a laptop and iPhone (which we’re assured doesn’t come with the expectation that you’re to be contactable all hours of the day). In fact, pupils recall being “advised to automatically mute notifications on our devices outside business hours”. Pupils were also provided with a monitor, keyboard, mouse, and comfortable chair by default, with other provisions available on request.
Twenty Essex takes on up to four pupils a year, offering an award of £75,000 to each. The selected pupils will sit with four supervisors over the course of their pupillage, being given a detailed appraisal at the end of each three-month period. They will typically begin taking on their own cases whilst sitting with their fourth supervisor. We hear that “chambers has developed a more structured and professionalised pupillage programme in recent years”. One former pupil at the set tells us that they feel “privileged to have been trained by some of the best barristers I’ve ever come across”. What’s more, “chambers has recently launched a new, improved, regular programme to assist junior tenants with a host of practical matters, from business development to working with solicitors” meaning training continues beyond pupillage.
The pupil experience is variously described as “first-class”, “second-to-none across the commercial sets”, and “taken very seriously”, with “supervisors who are extremely supportive and lots of juniors who are genuinely approachable for advice”.
Whilst pupillage is always a steep learning curve, Twenty Essex recognises this and has several initiatives in place to support pupils. This includes not expecting pupils to work late in the week, take work home or work at weekends, and providing a buddy system. One pupil says their supervisors have “always been really careful to make sure (for example) I’m not online and replying to emails in the evening”. In the words of one happy recruit, “the training could not have been better”.
Those looking to apply to Twenty Essex should apply through the Pupillage Gateway. Candidates must have completed or been offered a mini-pupillage in order to be considered for pupillage, and their performance during this mini will also be taken into consideration. Candidates for a mini-pupillage are to apply by an online form, before a shortlist are invited to attend a short 15-minute interview testing applicants’ logical thinking skills, although not legal knowledge.
At the pupillage stage, shortlisted candidates, around 20-25, will be invited to complete a written exercise, which again is not a test of legal knowledge. They will then be invited to an interview where they will discuss the written exercise as well as other general questions. The interview lasts around 30 minutes and takes place in front of a panel of tenants.
Twenty Essex looks for those with “exceptional ability” with interest in its fields of work, whilst looking for skills beyond intelligence including “interpersonal and communication skills”. The set is keen to increase equality, diversity and inclusion at the bar, and so participates in a number of initiatives including Bridging the Bar, the Women in Law Pledge, and the COMBAR Mentoring Scheme. Twenty Essex were also the very first chambers to use the Rare Recruitment system, which is “intended to allow a recruiter to put a candidate’s achievements into the context of the candidate’s circumstances”.