We invite the leading lights of the property disputes world to tell us all about who they are and what they think. In this latest edition, we hear from Fern Schofield of Falcon Chambers.
Can you explain a bit about your role?
I'm a junior barrister at Falcon Chambers, which is a specialist set of chambers where all members specialise in property law. While my practice encompasses a range of property disputes, I specialise particularly in telecommunications law, acting for site providers (who can be anyone from private individuals such as farmers, to portfolio landowners such as statutory undertakers, to developers looking to acquire new development sites). I deal with disputes concerning the installation and removal of telecoms equipment, and any issues arising while it's present. Significant legislative changes came into force at the end of 2017, and since then there's been a raft of cases testing what's possible under the new regime, so it's an exciting and fast-moving area to be involved in.
My role is quite varied. The most publicly visible element of a barrister's job is courtroom advocacy, trying to present my client's case as persuasively as possible. Behind the scenes, however, I spend a lot of my time doing written advisory work – one of the particular pleasures of being a specialist practitioner is that I get to advise on especially niche and obscure aspects of the law. My role also involves advising my clients in conference, both on the law and on litigation strategy; I enjoy the challenge of working out how best to deploy my clients' legal arguments, whatever their prospects might be, to ultimately achieve their aims, whether they're pursuing their commercial interests or seeking to resolve personal disputes.
What does your average day look like?
Typically, I'm in court a couple of times a week, doing anything from procedural hearings and applications to full-blown trials. I appear in a range of courts and tribunals – I do a lot of work in the County Court and the High Court, but telecoms matters are typically heard in a specialist tribunal in Birmingham, and I've also had the privilege of appearing as junior counsel in the Court of Appeal and the Supreme Court.
Much property work takes place in hearing centres local to the property concerned, so I'm often travelling around the country. I also sometimes go on site visits where physically seeing the property will help to understand the case, which is something I particularly enjoy – it brings home the practical, real-world issues that property disputes throw up.
When I'm not in court, I spend a lot of my time writing opinions and drafting pleadings, interspersed with dealing with developments on ongoing cases and considering what our next steps should be. An upside of the shift to remote working for many people has been that it's so much easier now to arrange quick video calls – I think it's made the working relationship much more collaborative, which is beneficial when developing a strategy when something unexpected happens in litigation.
What impact has market uncertainty had on your business and the disputes you've been involved with?
One of the interesting things about property law is that whatever the market conditions, there's always something happening. If the market's buoyant, people want to invest and develop, but tenants paying lower rents may be fighting to stay put; if the market is slower, disputes often arise over existing arrangements. Telecoms is particularly active because the legislation is still relatively new, and there's been a great deal of legal uncertainty in the development of the cases to date. That's exciting to deal with as a lawyer, but it does present challenges when advising clients when it seems a landmark decision could be handed down at any moment.
How have you worked with Mishcon de Reya over the years?
I work with Mishcon de Reya regularly, particularly on telecoms cases. I've assisted with some tricky development matters and enjoy getting involved early on to help shape strategy and see the cases as they develop.
I also work frequently with the wider Mishcon de Reya property team, including on some high-value residential matters; I'm presently looking forward to a trial in the autumn on an interesting disrepair case, and am enjoying working on that with the team.
What's the most interesting property dispute you've been involved in?
It might be an obvious answer, but it really was a privilege to be involved in three conjoined appeals to the Supreme Court concerning the new telecoms code. The cases raised novel points about the legislation, particularly concerning the extent to which operators whose equipment was already installed could seek rights under the new regime. We knew that whichever way the court decided, the decision would have significant ramifications for the telecoms industry. I'd had the pleasure of being present in court for the hearings of some of the cases at first instance, so it was fascinating to see how the arguments shifted as they worked their way up to the highest court in the land.