Barrister Rose Harvey

Rose Harvey

Year of call: 2015  

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“fantastic to work with… always well prepared for hearings and clients have commented on how at ease she has made them feel”

Hollie Wright, Hamlins LLP

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Overview


Rose enjoys a busy practice encompassing a range of chambers’ specialities.

Rose studied English Literature at Queens’ College, Cambridge, graduating with a First Class degree. She then completed the GDL and BPTC at Kaplan Law School, obtaining the second highest mark in the year for the GDL.

Her advocacy has been praised by Judges in Court as “clear and confident…[she] courageously and attractively advanced [her] cause” (Kingston Crown Court). Solicitors have commented that Rose is “fantastic to work with… she has always been well prepared for hearings and clients have commented on how at ease she has made them feel” (Mullis & Peake).

Prior to coming to the Bar, Rose worked in Dhaka, Bangladesh, as part of the Rule of Law team at Deutsche Gesellschaft für Internationale Zusammenarbeit (the German government’s development agency). She undertook research in conjunction with the Bangladeshi government into legislative reform, including regarding bail. She also assisted in running a country-wide awareness campaign on how incarceration can affect women and girls.

Rose is also trained to conduct cases on a direct access basis.

Memberships:

  • Discrimination Law Association
  • Young Legal Aid Lawyers
  • Human Rights Lawyers Association
  • Employment Law Bar Association

Scholarships & Awards:

  • Princess Royal Scholarship (Inner Temple)
  • Exhibition Award (Inner Temple)
  • Postgraduate Winner, John Howard Essay Prize (Howard League for Penal Reform)
  • GDL Prize (Kaplan Law School)
  • GDL Scholarship (Kaplan Law School)
  • President’s Subject Prize for English Literature (Queens’ College, Cambridge)
  • Foundation Scholarship (Queens’ College, Cambridge)
  • Choral Scholar (Queens’ College, Cambridge)
Personal Injury

Personal Injury


Rose regularly represents both claimants and defendants in fast track and multi track trials and hearings in the County Courts and High Courts. She has experience in a range of employers’, occupiers’ and product liability matters. She also has a busy paperwork practice and regularly advises on liability, evidence and quantum. Rose frequently drafts pleadings in a range of civil disputes and is instructed to conduct appeals both regarding liability and quantum.

She recently represented a Defendant in a fast track trial where a child claimant’s solicitors had failed to file evidence on the child’s behalf with regard to liability (which was in issue). Rose successfully argued that, despite the mother and litigation friend attending trial with a witness statement, the claimant should not be entitled to rely on such evidence in proceedings, resulting in the matter being dismissed in her client’s favour.

Additionally, Rose has experience with historic abuse claims, including drafting advices and pleadings. During pupillage she assisted Adam Weitzman QC in defending a Local Authority against an allegation that they were vicariously liable for sustained and serious abuse by foster parents against foster children, and latterly in a quantum hearing in respect of a severely psychiatrically affected claimant who, since being abused, had developed significant drug issues and had an extensive criminal history.

Clinical Negligence

Clinical Negligence


Rose has a keen interest in clinical negligence work and accepts instructions to draft advices, pleadings and schedules of loss. Her clinical negligence work is informed by the 6 months she spent seconded to the Nursing and Midwifery Council in 2017, where she conducted back-to-back trials regarding the conduct of nurses and midwives. Rose quickly came to be considered as a particularly capable advocate by the Council and by Panel Members, and she was allocated complex cases. Several of these trials lasted two weeks or longer and involved expert witnesses.

She spent four months of her pupillage in 2016 gaining experience in this area, supervised by William Chapman. During this time Rose worked on complex clinical negligence matters, including in product liability claims for defective medical equipment and treatments.

 

Child & Family

Child & Family


Rose accepts instructions in respect of public and private children proceedings including care proceedings, domestic abuse matters and in applications (including ex parte and urgent applications) for child arrangements orders, residence orders, occupation orders and prohibited steps orders. She appears both for Local Authorities and for parents.

Rose recently represented a father with a murder conviction in lengthy private law children proceedings; he faced allegations of serious domestic abuse and the mother had made seven different applications, some of them ex parte, over a period of 10 months. She was seeking to prevent the father having contact with her and the parties’ children. Following the five-day fact-find, all the mother’s applications were dismissed, with the Judge making negative findings against the mother’s conduct. The father was granted extensive contact with his two children, and Rose secured a two-year banning order against the mother, preventing her making further applications without the Court’s permission. Rose also obtained a costs order against the mother for part of the proceedings.

She recently acted for a father in lengthy adoption proceedings with a number of complicating factors, including that her client was based in Bulgaria (though was not an EU national) and was not initially on his child’s birth certificate.

In 2016 Rose was instructed to assist Rachel Langdale QC in representing a Local Authority at the Court of Appeal. The case considered the rights of prospective adopters compared to the rights of biological family members. The Local Authority supported the position of the prospective adopters, who were successful in their appeal of the first instance decision.

In March 2016 Rose co-authored No Substitute with Justin Slater for the Family Law Journal, which considers the role of Section 20 Agreements between Local Authorities and parents of children deemed to be at risk.

 

Crime

Crime


Rose prosecutes and defends in a wide range of matters in the Crown and Magistrates’ Courts on the London, South-East and Midlands circuits.

She has experience in a number of areas including complex casework, offences involving serious violence, drug offences, arsons, thefts and burglaries, domestic violence, fraud and a range of driving matters. Rose has experience in a variety of Crown Court trials and hearings, applications and POCA proceedings. Rose has also conducted appeals against sentence.

Rose accepts instructions as a junior and was instructed in 2017-2018 as prosecuting junior in a lengthy Complex Casework Unit cocaine conspiracy trial in Derby involving numerous defendants. She has been further instructed to act as a junior in a complex heroin conspiracy trial in summer 2018.

Regulatory & Professional Discipline

Regulatory & Professional Discipline


Rose accepts instructions in relation to any medical and nursing regulatory work, both for and against the Regulator.

In 2017 Rose was seconded to the Nursing and Midwifery Council for 6 months, where she conducted back-to-back trials regarding the conduct of nurses and midwives. Rose quickly came to be considered as a particularly capable advocate by the Council and by Panel Members, and she was allocated complex cases. Several of these trials lasted two weeks or longer.

She now regularly conducts substantive hearings with regard to issues of misconduct, lack of competence, health and other potential impairments to nurses’ fitness to practise. This includes working with expert witnesses.
As part of this she gained valuable experience in drafting documents to be used at consensual panel determinations and for use in substantive hearings.

Public Law

Public Law


Rose has a particular interest in public law and accepts instructions on behalf of protected parties, family members and local authorities in respect of Court of Protection proceedings, matters in the SEND Tribunal (with respect to special educational needs and disability law) and at inquests.

She has successfully obtained more favourable conditions for several protected parties in Court of Protection cases. When at court, her practice is to focus on facilitating practical and collaborative discussions with other parties to ensure that Ps’ interests are promoted first and foremost, where possible without resulting in conflict.

Rose volunteered part-time as a classroom assistant at a special educational needs school for several years, so is particularly well-placed to understand and represent parties in matters in the SEND Tribunal and where protected parties have complex personal and educational needs.

She is a member of the Young Legal Aid Lawyers, the Discrimination Law Association and the Human Rights Lawyers Association. Rose also accepts instructions from the Bar Pro Bono Unit.

Commercial

Commercial


Rose has a busy commercial practice and regularly represents claimants in matters in the county courts, including in trials and at a variety of preliminary hearings such as applications for strike out and summary judgment. As well as appearing in Court, Rose accepts instructions to draft all kinds of pleadings and is available to advise on merits, quantum and evidence.

She has experience representing both claimants and defendants in a variety of property matters such as contested possession hearings, applications for Orders for Sale and squatting issues, as well as enforcement of existing Orders.

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