Andrew Walker Wins Pro Bono Award 2009

7 November 2009

Andrew Walker of Maitland Chambers has won the 2009 Sydney Elland Goldsmith Bar Pro Bono Award.

Mr Walker undertook a complex pro bono case, successfully representing a couple who had been the victims of a ‘sale and rent back’ scheme. The couple and their children faced eviction when the purchaser defaulted on the mortgage. Mr Walker persuaded the court to set aside the entire transaction, the first known instance of a person successfully challenging an action by either the landlord or mortgagee following a sale and rent back scheme. In addition, the case attracted a £20,000 pro bono costs order in favour of the Access to Justice Foundation.

The Panel of Judges

Lord Goldsmith QC (Chairman of the judging panel)
Gary Brown, Chair of Institute of Barristers’ Clerks
Diane Burleigh, Chief Executive of ILEX
David Hobart, Chief Executive of the Bar Council
Des Hudson, Chief Executive of The Law Society
Steve Johnson, Chief Executive of Advice UK

Commenting on the panel’s decision, Lord Goldsmith QC said:

"The standard of nominees this year was very high and shows the continued commitment of the Bar to provide pro bono assistance to those in need. This year's winner, Andrew Walker, exemplified the qualities we saw throughout those nominated, working with the charity Shelter and law firm Freshfields Bruckhaus Deringer LLP on a landmark case that saved a family from eviction and that also saw the first sizeable pro bono costs order to the Access to Justice Foundation. Andrew's efforts helped his clients, may assist other families in similar situations and, through the costs order, generated funds to support further pro bono legal work."

John Gallagher, Principal Solicitor, Shelter:

“I cannot think of a more worthy recipient for the Bar Pro Bono Award than Andrew Walker. On top of his immense expertise, at Shelter we found his commitment genuinely inspiring. He remained accessible and supportive throughout, particularly with the clients at a time of great stress for them. Furthermore, as a result of Andrew’s skilled and innovative arguments, the case broke new ground – firstly in dealing with the problem of `sale and rent back’ schemes, and secondly by producing the first substantial pro bono costs order to the Access to Justice Foundation”.

- ENDS -

Notes to Editors

1. The Bar Pro Bono Unit was established by Lord Goldsmith QC, the Unit’s President, in May 1996 to provide pro bono – free – legal advice and representation in deserving cases where public funding (Legal Aid) is not available or where the applicant is unable to afford legal assistance.

2. The Bar Pro Bono Award is named after Sydney Elland Goldsmith, the late father of Peter Goldsmith QC, who died in 1995 during Peter Goldsmith’s year of tenure as Bar Chairman.

3. Special mention this year was given to:

Paul Troop, Jude Bunting, Richard Reynolds, Fouzia Khan, James Mehigan and Greg O’Ceallaigh (all of Tooks Chambers) for working to seek access to justice for the families of individuals killed or injured in a peaceful demonstration by a UN operated police force.
Philip Evans of QEB Hollis Whiteman Chambers for his work with Innocence Network UK.
Savernake Hospital Team (Neil Garnham QC, Mathew Gullick, Guy Opperman, Caroline Stone and Jamie Williams) for their involvement in a legal campaign by the local community of East Wiltshire to resist the closure of their local hospital, which served over 50,000 people.

4. Section 194 of the Legal Services Act 2007 enables courts to make "pro bono costs orders". These require a party losing a case against someone with pro bono help to make a payment equivalent to legal costs had they not been free. Broadly speaking, seeking a pro bono costs order is like seeking a normal costs order. All the monies go directly to The Access to Justice Foundation, which distributes funds strategically to support the availability of more pro bono legal assistance in the future. For more information visit www.accesstojusticefoundation.org.uk/funds-in/section-194

5. When judging the nominations the panel had regard to, among other matters and where applicable to the particular nomination, the following:

(a) the commitment of time by the barrister or chambers
(b) the importance of the assistance given
(c) innovation, inspiration or example in the work undertaken
(d) commitment to the pro bono ethic

6. Previous winners:

2008 The Access to Justice in Afghanistan Project Team - The five year project provided training for local lawyers, academics, NGOs and students, and sourced, bought and distributed 10,000 legal textbooks. Barristers also provided training at annual workshops in Kabul, focussing on discrimination, violence against women, and the rule of law.

2007 Guy Opperman (3 Paper Buildings) - For his long and sustained commitment to pro bono work provided through the Western Circuit Free Representation Unit.

2006 Michael Fordham QC (Blackstone Chambers) - For longstanding commitment to pro bono work, regularly devoting an estimated 20% of his billable hours on pro bono work.

2005 Keir Starmer QC (Doughty Street Chambers) - For sustained cross-jurisdictional campaigns against the death penalty

2004 Andrew Hall QC (Doughty Street Chambers) – For his work to develop and promote legal training, resources and expertise throughout East and Central Africa.

2003 John Horan (Cloisters Chambers) – For his contribution to the work of Islington Law Centre.

2002 Samantha Knights (3-4 South Square) - For her contribution to the work of Islington Law Centre.

2001 Simon Michael (Bedford Chambers) - For his work with Victim Support Bedfordshire Road Traffic Service and for establishing an innovative pro bono scheme in the Bedfordshire and Luton Coroner’s Court.

2000 Daniel Leader and Philippa Page - For pro bono work in Kenya, where for a year they worked alongside a group of Kenyan Lawyers in setting up two Legal Aid Clinics in Nairobi and Mombasa.

7. The award will be presented on Saturday 7 November at the Bar Conference, at Lancaster London Hotel.