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"Provides calm and measured counsel, handles clients confidently, and manages tribunal hearings with authority." Legal 500 2021
Susan practices in employment law, public law, personal injury/clinical negligence and inquests. Much of her practice is based in the higher courts such as the High Court, the Employment Appeal Tribunal (EAT) and Court of Appeal although the majority of her practice is undertaken in employment tribunals. She is a member of the charity ELAAS which represents and advises appellants in their applications for permission to appeal in the EAT.
Susan has been a Gray’s Inn Advocacy Trainer since 2010, training new students and pupils in advocacy and professional conduct. She is a visiting fellow of Sheffield University. She is authorised to do public access work.
Susan acted as sole counsel for the government defending two separate challenges brought by Unison, to the legality of the employment tribunal and EAT fees regime introduced in July 2013: Unison v Lord Chancellor (no 1) and (no 2). In May 2014, she acted for the Judicial Appointments Commission in its successful defence of the first judicial review challenge to be heard by a Court: Jones v Judicial Appointments Commission which concerned the operation of the Good Character Guidance in relation to points accrued on an applicant’s driving licence. Susan has 20 years’ experience in all areas of employment law with particular expertise in discrimination claims. In 2013 she successfully represented an Employment Judge in his defence of a claim that he has aided sex, race and disability discrimination against the claimant by her employer: Sivanandan v Cole. Complex issues that have arisen in recent cases include the territorial applicability of certain statutory claims such as unfair dismissal, the effect of ECJ case-law on the operation and calculation of holiday under the Working Time Regulations and whether a claimant is an employee, worker or contractor. She regularly acts pro bono for appellants in the Employment Appeal Tribunal under the ELAAS scheme.
This week Susan Chan of 42BR has appeared for the Lord Chancellor in the second judicial review challenge to the employment tribunal fees system brought by the union Unison. A year ago Susan successfully defended the tribunal fees scheme against Unison’s first challenge, which was backed by the Equality and Human Rights Commission (EHRC).
23rd October 2014 Read moreJudgment was handed down on 23rd May 2014 in the first judicial review claim against the Judicial Appointments Commission to be heard by a court: Jones v Judicial Appointments Commission [2014] EWH 1680 (Admin). Susan Chan of 42BR acted as sole counsel for the Judicial Appointments Commission (JAC). Mr Jones was represented by Jonathan Swift QC.
27th May 2014 Read moreIn public law, Susan has appeared in many leading cases, such as acting for the Lord Chancellor in its defence of the 2013 Employment Tribunals and EAT Fees regime, up to and including the Court of Appeal level. She has acted in many leading cases in the immigration and unlawful detention context, appearing as sole counsel in over 60 final appeals in the Court of Appeal. She was junior counsel for the Home Secretary on the most well-known landmark decision on children’s interests in the immigration context, heard by the Supreme Court: ZH Tanzania (2012). Susan has expertise in age assessment cases and was junior counsel in an age assessment case heard by the Supreme Court: AA Afghanistan [2013] UKSC 49.
Another high-profile case involved Susan acting as junior counsel for the Home Secretary when the London Metropolitan University judicially reviewed the UK government’s first revocation of a British university’s licence to sponsor international students. The University’s application for interim relief was unsuccessful and the University subsequently withdrew its claim. Susan also acted for the Judicial Appointments Commission in its successful defence of the first judicial review challenge against it to be heard by a court: Jones v Judicial Appointments Commission, concerning the operation of the JAC’s Good Character Guidance [2014] EWHC 1680 (Admin).
She has 20 years’ experience of appearing for interested parties at inquests, including inquests involving complex human rights arguments. She has acted for the MOD in inquests involving difficult issues such as defence systems on combat helicopters, the suitability of ‘Snatch’ Land Rovers to conduct patrols in Iraq and Afghanistan and the efficacy of night goggles. Susan also has extensive experience of representing parties at inquests into deaths in custody, including a man who had been passed through five prisons whilst suffering from depression with psychotic symptoms. She has been involved in many inquests involving deaths from brain injuries, including that of a soldier who died from a brain injury sustained during a play-fight.
Susan has 20 years’ experience acting for both claimants and defendants in High Court and County Court personal injury claims. She was junior Counsel assisting Lord Cullen’s Public Inquiry into the 1999 Ladbroke Grove train crash. Susan recently obtained a strike-out of a test case in which 17 prisoners claimed damages for discomfort suffered as a result of a breakdown in the heating systems at a prison.
This week Susan Chan of 42BR has appeared for the Lord Chancellor in the second judicial review challenge to the employment tribunal fees system brought by the union Unison. A year ago Susan successfully defended the tribunal fees scheme against Unison’s first challenge, which was backed by the Equality and Human Rights Commission (EHRC).
23rd October 2014 Read moreJudgment was handed down on 23rd May 2014 in the first judicial review claim against the Judicial Appointments Commission to be heard by a court: Jones v Judicial Appointments Commission [2014] EWH 1680 (Admin). Susan Chan of 42BR acted as sole counsel for the Judicial Appointments Commission (JAC). Mr Jones was represented by Jonathan Swift QC.
27th May 2014 Read more
