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Name: Francesca Whitelaw
Role: King’s Counsel, Editor of the Data Brief, Member of the Business Development Committee, Mentor
Specialist in (areas of law): Public law, national security, police law, inquests, public inquiries, investigations, information law
Based mainly: London
Called to the Bar in: 2003
In 2004 as a pupil, 2005 as a tenant. I joined Chambers the year 5 Essex, then 5 Essex Court, became a civil set having previously undertaken criminal and civil law, and it has been a privilege to watch Chambers’ success since then. I was supervised firstly by HHJ Georgina Kent who taught me nearly everything I know about shopping (a valuable life skill) as well as police law. I spent my next seat with John Bassett, with whom I continued the journey into police, general civil and public law but also enjoyed some excellent post court lunches (those were the days). Perhaps the most memorable was one by the coast, which he was horrified and I gleeful to discover had once featured in Gordon Ramsey’s Kitchen Nightmares… fortunately we visited after Gordon had apparently worked magic… or at least brought about a change of management.
When I was a child, I was once lucky enough to be invited to a birthday party at a large country house, which not only had a swimming pool but one with a roof which opened and closed by remote control. In awe, on the way home, I asked how it was possible the family had acquired such space age technology. “Ah,” came the reply, “the dad’s a barrister.” The seed was sown. After more than 20 years at the Bar I am, however, apparently still no closer to acquiring a swimming pool, let alone one with a remote control roof.
More seriously, after a first degree in English, my other favoured career choices were actor or author. I decided the Bar, or certainly the Law, was the least precarious of the three. It also combined intellectual and academic challenge, theatre, the freedoms of self-employment, scope for understanding and empathising with others’ lives and the opportunity to contribute to a wide range of deciding issues in different fields.
So many… Most highlights involve working with wonderful people. Relatively early on I was led by Jeremy Johnson QC (now Johnson J) in an exciting civil trial involving a group of Category A prisoners which, had it not settled, was due to see road blocks and armed police on the roof of the Court. Jason Beer KC took over more than one of Jeremy’s cases when he went to the Bench and one of the most interesting of those, in which I was delighted to be involved, was the first case in the world to consider the use by law enforcement of facial recognition technology. Jason led me in the Court of Appeal and I loved working on a case involving cutting edge technology and law. I’ve also been instructed in many high profile and sensitive inquests and public inquiries, in which I’ve been so grateful for the opportunity to learn from leading practitioners and Judges and to work with dedicated and inspiring teams. Sam Leek KC led me in the Fishmongers’ Hall Inquests and encouraged me to apply for silk. Most recently, it has been a privilege to work with a brilliant team for the Public Inquiry into the death of Dawn Sturgess (the Salisbury Novichok poisonings).
Balancing having children with a career at the Bar is very challenging, though things have improved enormously with changing attitudes and with remote working. Without the support of my clerks, in particular Mark Waller and James Cole who have worked with me from the beginning, my colleagues in Chambers, as well as my family, having young children was a time at which I could have made other career choices. I’m so glad now that I clung on. As is often said, a career at the Bar is a marathon not a sprint…though there are many sprints along the marathon route, I find.
As a Second Six Pupil I was sent to Leicester County Court for an Infant Settlement Approval hearing, in which a judge would consider whether to approve an agreed settlement for a claim involving a child who had been injured. It was usual for the child to attend court with their parents or guardian and, when I arrived, I saw a very young child waiting outside court. Noting after some time that there appeared to be no adult in the immediate vicinity, I gently asked the child where their parents were. The nonchalant reply was not one I was expecting: “At work”. In my detailed hours of overpreparation for what was one of my first hearings, a young child attending court by themselves was not a scenario I had foreseen.
An equally vivid memory is of one of my first applications to seize cash under the Proceeds of Crime Act, as it involved an unexpected response by the Defendant to the Judge’s question, “and how did you come by this money?” Answer: “growing the ‘erb”. The only cash seizure application that was successful without me, on behalf of the Chief Officer of Police, even needing to speak, as I recall.
My roommate of many years and friend since the beginning of pupillage, Lucinda Boon, who is now a Deputy District Judge and teacher of advocacy. To have such contemporary female support when I was a junior had a huge impact on my career and wellbeing. I’m also not sure I can better her recent advocacy training: “I’m not looking for silver-tongued slick swagger. I’m interested in content, accuracy and courtesy”.
Legal 500
2025 “Francesca is an astute tactician and calm and persuasive in court.”
2024 “Francesca is approachable and devastating in court. She is robust but fair and manages to navigate a careful line of maintaining both her client and the court confidence.”
Chambers UK
2025 “She is an excellent advocate. She is a terrific person to be working with.”
“Francesca Whitelaw KC is utterly charming and forceful when she needs to be. She was really impressive on her feet.”
2024 “Francesca is a real heavy hitter.”
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