Holly Stout

Holly Stout

Professional Summary

Called 2003

Contact Details

E T +44 (0)20 7632 8500 Clerk Lucy Barbet Clerk John Davitt Clerk Christopher Smith E

Holly is highly experienced counsel recommended in the legal directories as a leading junior in Administrative and Public Law, Employment, Education and Data Protection law. She is a member of the Attorney General’s panel of counsel and registered under the Public Access scheme.

Specialisms

Public

Holly is recommended in Legal 500 as a Leading Junior in Administrative and Public law. Her broad-based practice encompasses local and central government, immigration, community care, public procurement, human rights and general vires issues. She is regularly instructed on judicial review matters, both on her own and as junior counsel. She has acted for a wide range of clients including private companies and individual claimants as well as respondent local authorities, regulators, universities and government departments. She also has experience as an advocate at Coroner’s inquests and in the Court of Protection.

Employment

Recommended in Legal 500 and Chambers and Partners as a leading junior in Employment law, Holly has a particular interest in High Court employment disputes and has acted in a number of cases concerning covenants in restraint of trade and breach of confidence, as well as bonus claims. She also has considerable experience as an advocate in the employment tribunals and EAT and has acted in, and advised on, cases involving the full range of employment law issues, including discrimination, whistle-blowing, TUPE, agency workers, trade union matters, strike action, working time etc.

Education

Recommended by Legal 500 and Chambers & Partners as a leading junior in Education law, Holly regularly advises on the full range of public and private education law matters, including special educational needs/disability discrimination, educational negligence, Academies, further and higher education issues, local authority policy matters, claims by and against state and independent school, regulatory matters, Ofsted and the OIA. She regularly appears as an advocate in education cases in the First-Tier Tribunal, Upper Tribunal, County Court, High Court and Court of Appeal.

Information & Data Protection

Recommended by Legal 500 and Chambers & Partners as a leading junior in Information and Data Protection law, Holly regularly advises a range of clients in this field, from government departments and other public bodies, to businesses and private individuals. She has acted in over 40 cases before the First-Tier Tribunal, Upper Tribunal and High Court. Her broad-based practice means she is well-placed to deal with data protection and information law issues arising in a variety of contexts, including employment, education, community care, public procurement, etc.

Community Care

Holly is recommended in Legal 500 as a Leading Junior in Administrative and Public law. Holly regularly advises and acts in cases concerning the range of community care issues, including needs assessment and provision, capacity issues and Court of Protection applications, deprivation of liberty, deputy appointments, etc. Her experience in other fields (including immigration, community care, education, human rights and coroner’s inquests) means she is particularly well placed to advise and act in complex community care cases involving overlap with other areas of the law.

Public Procurement

Recommended in Legal 500 as a Leading Junior in Administrative and Public law, Holly regularly advises and acts in public procurement matters, acting for local authorities and government departments, as well private companies and individuals. Her broad-based practice also makes her particularly suitable for cases involving cross-over with other areas of law, such as education, employment and community care.

Commercial

Holly does a wide range of commercial work in the County Court and High Court, including contract disputes, regulatory issues, professional negligence and commercial judicial review. Her wide-ranging practice makes her particularly suitable for commercial disputes involving cross-over with other areas of the law, such as large-scale care home and care provision disputes, public procurement, education and public law vires issues.

Immigration

Holly regularly appears before the Upper Tribunal, High Court and Court of Appeal in a range of immigration matters. Her experience in education and community care law means she is particularly well-suited to the numerous cases in which these areas of the law collide, such as Tier 4 visa issues, student loans, and disputes about local authority and health authority obligations in cases involving those with ‘precarious’ immigration status.

Recommendations

“Extremely analytical, highly organised and most of all easy to work with.” Legal 500

“She is phenomenally hardworking and an excellent advocate.” Legal 500

“Fabulously clever and wonderfully user friendly.” Legal 500

“She is an advocate of great charm, clarity and incisiveness.” Legal 500

“Perfect for commercial cases, she rolls her sleeves up and gets stuck in. She is brilliant in court.” Chambers & Partners

“very responsive and easy-to-work with.” Legal 500

Recent Cases

Walker v Innospec Ltd; O’Brien v Ministry of Justice
[2017] UKSC 47, [2017] IRLR 928; Times, July 25 2017, SC, July 12 2017
Acted as junior to Jason Coppel QC in this case concerning the lawfulness of the exception in the Equality Act 2010 for sexual orientation in relation to benefits dependent on marital status where the benefit relates to periods of service before the coming into force of the Civil Partnership Act 2005.

Newcastle upon Tyne NHS Foundation Trust v Haywood
[2017] EWCA Civ 153; [2017] I.R.L.R. 629
Represented the NHS Trust in appeal concerning effective date for the giving of a notice of termination of employment in a notice sent by post while the employee was on holiday. Outcome of application to SC for permission to appeal awaited.

Koori v Secretary of State for the Home Department
[2016] EWCA Civ 552
Construction and application of certain transitional provisions in relation to the “seven-year residence” rule for children in the Immigration Rules.

Machnikowski v Secretary of State for the Home Department
[2016] EWHC 54 (Admin); [2016] 1 W.L.R. 1655
Represented the Secretary of State in this case concerning the lawfulness of removal and detention decisions on public policy grounds in respect of EEA nationals.

R. v Jagelo (Costs)
[2016] 1 Costs L.O. 133
Case concerning the application of the legal aid rules in criminal cases.

R. (on the application of MC) v Camden LBC
Queen’s Bench Division (Administrative Court), 03 December 2015, [2015] EWHC 4034 (Admin)
Local authority’s powers and duties in alleged human trafficking cases.

R (Ramey) v University of Oxford
8 May 2015
Successfully represented Oxford University resisting a challenge to its harassment policy.

R (on the application of Press Standards Board of Finance Ltd) v Secretary of State for Culture, Media and Sport
[2013] EWHC 3824 (Admin)
Acted as junior to Nathalie Lieven QC in this challenge by Pressbof to the Privy Council’s rejection of their application for the formation of a self-regulatory body for the press in the wake of the Leveson inquiry.

Chief Constable of Northumbria Police v Erichsen
(UKEAT/0027/15/BA), 9 September 2015
Appeal concerning the calculation of pension loss and tax treatment of Tribunal awards.

Anderson v London Fire & Emergency Planning Authority
(2013) IRLR 459
Whether a term in a collective agreement was apt to be incorporated in employees’ contracts of employment, and how the term should be interpreted.

O’Brien v Ministry of Justice
[2013] 1 WLR 522, SC, [2013] UKSC 6
Whether judges are workers who have an employment contract or employment relationship and, if they are, whether it is permissible for national law to discriminate between full-time and part-time judges, or between different kinds of part-time judges in the provision of pensions. Question referred to ECJ.

Invideous Ltd v Thorogood
[2013] EWHC 3015 (Ch)
Successfully represented the claimant company in a week-long high court trial of claims for breach of restrictive covenants, breach of confidence, etc in respect of the poaching of its business by the defendant.  Also involved contempt of court allegations.

CMA Nurseries Ltd v Secretary of State for Education
(2015)
Successfully represented the appellant Orthodox Jewish School in an appeal against the SSE’s decision to remove it from the register of independent schools.  SSE withdrew defence to appeal.

Peninsula Business Services Ltd v Information Commissioner and SoS for Justice and Lord Chancellor
[2014] UKUT 284 (AAC)
Successfully represented the IC in this appeal concerning the absolute exemption in s 32 of FOIA for court records.

Appointments

Attorney General’s B panel of Counsel

Education

University of Cambridge, MA, Music 1*

City University, CPE, Distinction

Inns of Court School of Law, BVC, Everard Ver Heyden Prize and OUP Prize for Excellence in Advocacy and Procedure

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Regulatory Information

All members of Chambers are registered with the Bar Stardards Board of England and Wales. For general terms and conditions on which services are provided - click here

Professional title: Barrister

Full name (as registered with Bar Standards Board of England and Wales): Holly Stout

VAT Number: GB 863325130

Legal Status: Sole Practitioner

Professional Insurance: All members of Chambers have professional liability insurance provided by the Bar Mutual Indemnity Fund Ltd - click here for more details

Territorial coverage is world-wide, subject to the terms of the Bar Mutual, which may be found here

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