Joanne Clement

Joanne Clement

Professional Summary

Called 2002

Contact Details

E T +44 (0)20 7632 8500 Clerk Christopher Smith Clerk Tom Street E

Joanne is a leading junior, practicing in all areas of public and procurement law.  She is ranked by the directories as a leading junior in six practice areas (Administrative & Public Law, Civil Liberties & Human Rights, Local Government, Education, Community Care and Court of Protection).

She is the current Chambers and Partners Public Law and Human Rights Junior of the Year.

Joanne is a member of the Attorney General’s “A” Panel of Counsel and the Welsh Government’s “A” Panel of Junior Counsel.

Specialisms

Public

Joanne is a public law specialist. She is the Chambers & Partners Public Law and Human Rights Junior of the Year (2018) and is top ranked by the directories in Administrative & Public law. She practices in all areas of judicial review and public law, including human rights cases and commercial judicial review. Joanne acts for central and local government, other public bodies, third sector organisations, companies and individuals. She appears frequently in the Administrative Court, the Court of Appeal and Supreme Court.

Joanne has experience of judicial review claims in a wide range of contexts, including a £5 billion challenge to the PIP regime, a challenge to NHS hospital closures in Dorset, challenge to the much criticised reforms to criminal legal aid services, challenge to the removal of a Chief Constable from office, and a challenge to the closure of police stations in London. Joanne has particular expertise in devolution issues (having appeared before the Supreme Court in two devolution references) and in local government law (see Local Government details here)

Examples of recent work in this field include:

R (RF) v Secretary of State for Work and Pensions [2018] PTSR 147 (challenge to PIP Regulations under Article 14 of the ECHR)

R (Hinsull) v NHS Dorset Clinical Commissioning Group [2018] EWHC 2331 (Admin) (challenge to NHS reorganisation in Dorset, including the closure of A&E beds)

R (Crompton) v Police and Crime Commissioner for South Yorkshire [2018] 1 WLR 131 (whether decision by Commissioner to require Chief Constable to resign as a result of comments he made after the Hillsborough inquest verdicts were announced was unlawful)

R (London Borough of Havering) v Mayor’s Office of Policing and Crime (challenge to closure of police stations in Havering)

R (Ocean Outdoor UK Ltd) v Hammersmith & Fulham London Borough Council [2018] EWHC 2508 (TCC)  (first ever judicial review claim considering whether a lease amounted to a concession contract under EU law; challenge to award of leases to operate advertising towers next to the Hammersmith flyover)

Mazhar v Lord Chancellor [2017 EWHC 2536 (Fam) (appeal outstanding) (important case considering whether a declaration/damages could be granted against the Lord Chancellor under s9 of the HRA as a result of an order made by a High Court judge)

R (Liverpool CC and others) v Secretary of State for Health [2017] EWHC 986 (Admin) (claim that central Government’s failure to fully fund costs of the deprivation of liberty safeguards created an unacceptable risk of illegality)

Human Rights

Joanne is the current Chambers & Partners Public Law & Human Rights Junior of the Year. She has been ranked by the directories as a leading junior in the field of civil liberties and human rights for many years. Joanne has an extensive advisory and litigation practice in the human rights field. She has experience of dealing with cases raising human rights issues across a wide range of areas from the state’s obligation to investigate deaths in detention, to religious freedoms and privacy rights. She has particular expertise in Article 14 and discrimination issues, and Article 5 and deprivation of liberty.

Examples of her recent work in this field include:

In Re D (by his litigation friend, the Official Solicitor) v Birmingham City Council (the EHRC and the Secretary of State for Education/Justice intervening) (appeared before the Supreme Court in this test case determining the circumstances in which a child is deprived of liberty for the purposes of Article 5 ECHR and the role of parental consent)

R (RF) v Secretary of State for Work and Pensions [2018] PTSR 147 (challenge to PIP Regulations under Article 14 ECHR and whether the Regulations discriminated against those with a mental health condition)

R (Crompton) v Police and Crime Commissioner for South Yorkshire [2018] 1 WLR 131 (whether decision by Commissioner to require Chief Constable to resign as a result of comments he made after the Hillsborough inquest verdicts were announced was unlawful; case raised important issues  under Article 8 ECHR and the impact on the Chief Constable’s reputation)

R (Ferreira) v HM Senior Coroner for Inner South London and others [2018] QB 487 – whether an individual is deprived of their liberty under Article 5 ECHR in an intensive care setting

Mazhar v Lord Chancellor [2018] Fam 257 – leading case on the interpretation of s9 of the Human Rights Act and the circumstances in which damages or a declaration could be granted against the Lord Chancellor in respect of a judicial act (appeal outstanding)

Local Government

Joanne is the top ranked junior for local government work by Chambers & Partners. Joanne acts regularly both for and against local authorities in complex, high profile cases, and is highly experienced in claims for judicial review (see Public Law entry above).  She is the current Chambers & Partners Public Law & Human Rights Junior of the Year.

Joanne has experience of dealing with matters across the full range of local government law, including budget setting and other local government finance, local government reorganization, governance, cuts, charges and service change, the public sector equality duty, local government standards and general vires issues. Joanne has particular expertise in education law and community care / Court of Protection work.

Examples of recent cases in this field include:

In Re D (by his litigation friend, the Official Solicitor) v Birmingham City Council (the EHRC and the Secretary of State for Education/Justice intervening) (appeared before the Supreme Court in this test case determining the circumstances in which a child is deprived of liberty for the purposes of Article 5 ECHR and the role of parental consent)

R (London Borough of Havering) v Mayor’s Office of Policing and Crime (acting for the local authority in a high profile challenge to the closure of police stations in London)

R (Governing Body of Plumpton College) v East Sussex County Council, West Sussex County Council and Brighton & Hove City Council (acting for the claimant FE college in a challenge to the funding provided by local authorities for special educational needs placements in the FE sector)

R (Ocean Outdoor UK Ltd) v Hammersmith & Fulham London Borough Council [2018] EWHC 2508 (TCC)  (first ever judicial review claim considering whether a lease amounted to a concession contract under the Concession Contracts Regulations; challenge to award of leases to operate advertising towers next to the Hammersmith flyover) (appeal outstanding)

R (Liverpool CC and others) v Secretary of State for Health [2017] EWHC 986 (Admin) (claim that central Government’s failure to fully fund costs of the deprivation of liberty safeguards created an unacceptable risk of illegality; leading case on central government obligations to fund new burdens on local authorities)

Education

Joanne is ranked in the top tier of education law juniors by Chambers & Partners.

Joanne deals with the full range of issues that arise in the context of maintained schools and academies, including admissions, exclusions, special educational needs and disability discrimination, school transport, Academy conversions and the free schools programme, and Ofsted/intervention powers.

She is also experienced in claims arising in the independent school sector, including breach of contract and disability discrimination claims. She is highly experienced in the regulatory regime governing independent schools, and has advised schools on matters arising out of inspections and regulatory action taken by the Secretary of State. She has represented independent schools before the First-tier Tribunal in  appeals against enforcement action taken by the Secretary of State.

She also works in the further and higher education sector, and regularly acts for students, and further and higher education institutions.

She is fully familiar with the Welsh devolution settlement and Welsh education legislation.

Recent work in this area includes:

Rudolf Steiner School Kings Langley Association v Secretary of State for Education (Representing a Steiner School in an appeal against a decision by the Secretary of State to remove it from the independent school register)

R (Governing Body of Plumpton College) v East Sussex County Council, West Sussex County Council and Brighton & Hove City Council (acting for the claimant FE college in a challenge to the funding provided by local authorities for special educational needs placements in the FE sector)

AKT v Westminster CC [2018] UKUT 47 (AAC)

(Acting for the local authority in appeal against FTT decision, holding that it would be incompatible with the efficient education of others to education children in a mainstream setting)

R (Talent Training Company) v Secretary of State for Education and Education and Skills Funding Agency (acted for the claimant in challenge to Secretary of State’s decision to terminate the contract of a major apprenticeship provider under the new apprenticeship levy regime)

Advising various local authorities on school re-organisation matters, including controversial decisions to close schools and to propose regulated alterations to schools

Advising on various issues arising out of proposals to change school transport provision, including potential discrimination claims

Advising on various issues arising out of home education

R (Uddin) v Glyndwr University (JR challenge to University’s decision to exclude students when presented with evidence by the Secretary of State that they had obtained English language qualifications by fraud)

Health, Community Care & Court of Protection

Joanne is ranked in the top tier of community care barristers by Chambers & Partners and is ranked in Band 2 for Court of Protection work.

Joanne deals with the full range of health and community care matters, including challenges to the provision of services for adults and children, age assessment cases, needs assessments and funding issues, services for those subject to immigration control, human rights disputes, challenges to the setting of care home fees, advise on top-up fees and deferred payment agreements, re-organisation of NHS services and commissioning, and inter-authority disputes. Joanne regularly advises local authorities on ordinary residence disputes; and acts for families, local authorities and CCGs on disputes over eligibility for continuing health care.

Joanne also has extensive experience in Court of Protection matters, appearing in cases raising capacity issues, best interest decisions and deprivation of liberty.

Joanne is fully familiar with the Welsh devolution settlement and Welsh health and social services legislation.

Recent cases in this field include:

In Re D (by his litigation friend, the Official Solicitor) v Birmingham City Council (the EHRC and the Secretary of State for Education/Justice intervening) (appeared before the Supreme Court in this test case determining the circumstances in which a child is deprived of liberty for the purposes of Article 5 ECHR and the role of parental consent)

R (Hinsull) v NHS Dorset Clinical Commissioning Group [2018] EWHC 2331 (Admin) (challenge to NHS reorganisation in Dorset, including the closure of A&E beds)

R (Ferreira) v HM Senior Coroner for Inner South London and others [2018] QB 487 – whether an individual is deprived of their liberty under Article 5 ECHR in an intensive care setting

R (BUPA Care Homes Ltd) v Care Quality Commission (claim for judicial review challenging the rating awarded to a care home following a CQC inspection)

R (CWR) v Flintshire County Council (acted for the claimant in one of the first judicial review challenges under the Social Services and Well-being (Wales) Act 2014 – challenge to a local authority’s assessment of need for a young adult with autism, to the care package provided and to the support provided to her parents as carers)

Briggs v Briggs (by his litigation friend the Official Solicitor) and others [2018] Fam 63 (scope of the Court of Protection’s powers under s21A of the Mental Capacity Act 2005 and eligibility for non means tested legal aid)

R (Dyer) v Welsh Ministers and Abertawe Bro Morgannwg University Health Board (2016) 19 CCLRep 84 (nature of obligations on NHS bodies to assess need for particular health services)  

Procurement & State Aid

Joanne’s public law practice has expanded in recent years to include the full remit of procurement cases. Joanne represents economic operators and contracting authorities in procurement disputes before the TCC, both as sole and junior counsel.

Examples of recent work in this field include:

Ocean Outdoor UK Ltd v Hammersmith & Fulham LBC [2018] EWHC 2508 (TCC) (appeal outstanding) (acting for the local authority in the first case to come before the courts under the Concession Contracts Regulations 2015)

R (Warwickshire Welfare Rights Advice Service) v Warwickshire County Council (JR claim considering whether a challenge to the outcome of a procurement can be brought by way of a claim for judicial review, or whether they must be brought as a Part 7 claim in the TCC; considered whether the automatic suspension applies when decision is challenged by way of JR)

Ontix Ltd v London Borough of Tower Hamlets (acting for the contracting authority in marking challenge)

Representing a local authority before the Technology and Construction Court in defending a manifest error marking challenge

Acting for criminal legal aid solicitors challenging the Legal Aid Agency’s award of the new duty contracts

Advising on the application of the procurement regime to grant awards and shared services

Advising clients on the permissible grounds for the variation of existing public contracts

Advising clients on the application of procurement law to development agreements

Advising on applications to lift automatic suspensions

Commercial Law

Commercial Judicial Review

Joanne is ranked by the directories as a leading junior in public and administrative law. She is regularly instructed to act in judicial review claims brought to protect commercial interests.

Examples of her work in this field include

R (Ocean Outdoor UK Ltd) v Hammersmith & Fulham London Borough Council [2018] EWHC 2508 (TCC)  (judicial review challenge brought to the award of multi-million pound leases to operate advertising towers next to the Hammersmith flyover. The leases were awarded following a competitive tendering process, and the challenge was brought by a disappointed bidder (appeal outstanding)

R (Sarmarkand Film Partnership; Proteus Film Partnership) v HMRC [2017] EWCA Civ 77 (challenge to HMRC decision to disallow millions of claimed tax relief for film sale and leaseback schemes where HMRC considered there may have been tax avoidance)

R (Bestaway National Chemists Ltd) v Welsh Ministers [2017] EWHC 1983 (Admin) (judicial review claim brought by pharmacy chain challenging the Welsh Minister’s decision to reject its application for inclusion in the pharmaceutical list at a new health park, and to prefer the application of a competitor)

R (LCCSA and CLSA) v Lord Chancellor – acting for criminal legal aid solicitors in challenge to Lord Chancellor’s proposals to reform criminal legal aid

EU Law

Joanne’s EU law practice overlaps with her expertise in public law and procurement matters. She practices across a wide range of EU law fields, including discrimination, free movement, social security rights and public procurement.

Examples of her work in this field include:

R (Rotherham Metropolitan Borough Council, Liverpool City Council and others) v Secretary of State for Business, Innovation and Skills – challenge to Government’s allocation of £10 billion of EU regional aid raising issues of EU proportionality and non-discrimination

Secretary of State for Work and Pensions v SFF – test cases considering how the CJEU judgment in Saint Prix applied in domestic law

RM v Secretary of State for Work and Pensions  whether an EU national parent who had been self-employed while children were in education had a right to reside so as to claim income support 

EO (Nigeria) v Secretary of State for the Home Department – free movement rights of “other family members” under Citizenship Directive

Inquests & Investigations

Joanne regularly represents public authorities in coronial inquests. She appears at Pre-Inquest reviews, making submissions about the scope of inquests (including whether the inquest should be an Article 2 compliant inquest), advises on evidence to be produced to the Coroner and represents parties at full inquests.

Examples of her work in this field include:

Acting for a school in an inquest into the death of a teenager following a severe allergic reaction

Acting for a local authority in an inquest into the death of a teenager who had been supported by them

Acting for a local authority responsible for highway design in an inquest into the death of a cyclist

Acting for a local authority in an inquest into the death of a women with learning disabilities receiving social services support and support from medical practitioners

Acting for the Secretary of State in inquests into the death of prisoners

Recommendations

“A very experienced and skilled practitioner with a firm grasp of the issues.” Chambers and Partners

“She’s very good at drawing a lot of information in at once and turning it around quickly to advise in a very clear and succinct manner.” Chambers and Partners

“She’s very knowledgeable and has good judgement.” Chambers and Partners

“Joanne is a bright lawyer who can draft very well.” Chambers and Partners

“Very knowledgeable.” Chambers and Partners

“An excellent practitioner with a good advocacy style,” who “went the extra mile and got to the crux of the matter.” Chambers and Partners

“Very bright, very user-friendly and very responsive.” Chambers and Partners

“She is extremely bright and grasps matters quickly.” Chambers and Partners

“She’s very pleasant and gives excellent, clear advice.” Chambers and Partners

“She is a good strategic thinker who can articulate well both in writing and orally.” Chambers and Partners

“She is excellent; a first-rate lawyer with very good judgement.” Chambers and Partners

“She’s very clever and very clear in court. She’s a robust advocate and a pleasant opponent.” Chambers and Partners

“She is one of the best public law juniors at the bar.” Chambers and Partners

“Clever, diligent, solid and thorough.” “Has a brilliant manner with judges,” and is “very clear in her oral advocacy.” Chambers and Partners

“She’s approachable, very knowledgeable and pragmatic in her advice.” “She is down-to-earth but eminently capable of dealing with complex esoteric issues. She exudes confidence and good humour.” Chambers and Partners

“One of the best public law juniors at the Bar, she’s particularly strong in education and community care.” Chambers and Partners

“She is absolutely brilliant and a go-to barrister for the more peculiar Mental Capacity Act cases involving funding decisions and deprivations of liberty.” Chambers and Partners

“Her knowledge of court practice enables her to provide pragmatic and practical advice.” Legal 500

“She is very good on public law generally.” Legal 500

“An established, reliable and experienced barrister, who provides pragmatic solutions” Legal 500

“She provides very good written submissions.” “She is very thorough, highly capable and reassuring.” Chambers and Partners

“Although a junior, she is of silk quality and has great knowledge of the law – particularly Welsh law. She’s pleasant, very able, and very respected by the courts.” Chambers & Partners

“I’m surprised she’s not a silk already, she’s brilliant.” Chambers and Partners

“She fights hard for her clients.” “She is very good – she gets on very well with clients but is robust when she needs to be. She’s clear in her advice and the way she handles everything.” Chambers and Partners

“Extremely responsive and easy to work with” Legal 500

“Clearly a rising star, she is very knowledgeable and authoritative. A tough opponent. “She is very experienced in judicial review, a fact that comes across in the quality of the strategic advice she provides.” Chambers and Partners

“Combines sound advice with first-rate advocacy skills. Bright, proactive, organised and a pleasure to work with.” Chambers and Partners 

“She’s phenomenally clever, gets to the nub of the matter in legal analysis, and is able to express things clearly and succinctly in a way that a lot of people in this field can’t.” Chambers and Partners

“A fantastic and dedicated junior…” Legal 500

“She is very experienced in judicial review, a fact that comes across in the quality of the strategic advice she provides”. “Combines sound advice with first-rate advocacy skills.” “Bright, proactive, organised and a pleasure to work with.” Chambers and Partners

“an incredibly dedicated and hard working counsel, who provides excellent client service” Chambers and Partners

“Her written advocacy is wonderful, she’s a very impressive advocate” Chambers and Partners

“She is extremely intelligent, particularly in terms of public law  challenges” Chambers and Partners

“She has an extremely impressive style of advocacy, she is very polished and persuasive and can turn judges around” Chambers and Partners

“Highly intelligent and extremely focused.” Legal 500

“Joanne really wins the confidence of clients, she empathises with them and you get the sense she is demonstrably on their side” Chambers and Partners

“She’s a really excellent advocate who impresses with her speed and diligence” Chambers and Partners

“A great junior who is immensely confident and has an incredibly good brain” Chambers and Partners

“absolutely outstanding, she has an extremely impressive style of advocacy” Chambers and Partners

Recent Cases

In Re D (by his litigation friend, the Official Solicitor) v Birmingham City Council (the EHRC and the Secretary of State for Education/Justice intervening) Appeared before the Supreme Court in this test case determining the circumstances in which a child is deprived of liberty for the purposes of Article 5 ECHR and the role of parental consent.

R (RF) v Secretary of State for Work and Pensions
[2018] PTSR 147
Challenge to PIP Regulations under Article 14 of the ECHR

R (Hinsull) v NHS Dorset Clinical Commissioning Group
[2018] EWHC 2331 (Admin)

Challenge to NHS reorganisation in Dorset, including the closure of A&E beds

R (Crompton) v Police and Crime Commissioner for South Yorkshire
[2018] 1 WLR 131
Whether decision by Commissioner to require Chief Constable to resign as a result of comments he made after the Hillsborough inquest verdicts were announced was unlawful.

R (London Borough of Havering) v Mayor’s Office of Policing and Crime Challenge to closure of police stations in Havering

Ocean Outdoor UK Ltd v Hammersmith & Fulham London Borough Council ; R (Ocean Outdoor UK Ltd) v Hammersmith & Fulham London Borough Council [2018] EWHC 2508 (TCC)
First challenge under the Concession Contracts Regulations, considering whether award of leases to operate advertising towers next to the Hammersmith flyover) was a concessions contract under EU law; plus associated judicial review claim challenging the award of the leases (appeal outstanding).

Mazhar v Lord Chancellor
[2017 EWHC 2536 (Fam) (appeal outstanding)

Important case considering whether a declaration/damages could be granted against the Lord Chancellor under s9 of the HRA as a result of an order made by a High Court judge

R (Liverpool CC and others) v Secretary of State for Health
[2017] EWHC 986 (Admin)
Claim that central Government’s failure to fully fund costs of the deprivation of liberty safeguards created an unacceptable risk of illegality; leading case on central government obligations to fund new burdens on local authorities.

R (Ferreira) v HM Senior Coroner for Inner South London and others
[2018] QB 487
Whether an individual is deprived of their liberty under Article 5 ECHR in an intensive care setting.

R (London Borough of Havering) v Mayor’s Office of Policing and Crime
Acting for the local authority in a high profile challenge to the closure of police stations in London.

R (Governing Body of Plumpton College) v East Sussex County Council, West Sussex County Council and Brighton & Hove City Council
Acting for the claimant FE college in a challenge to the funding provided by local authorities for special educational needs placements in the FE sector.

Rudolf Steiner School Kings Langley Association v Secretary of State for Education
Representing a Steiner School in an appeal against a decision by the Secretary of State to remove it from the independent school register.

AKT v Westminster CC
[2018] UKUT 47 (AAC)

Acting for the local authority in appeal against FTT decision, holding that it would be incompatible with the efficient education of others to education children in a mainstream setting.

R (Talent Training Company) v Secretary of State for Education and Education and Skills Funding Agency

Acted for the claimant in challenge to Secretary of State’s decision to terminate the contract of a major apprenticeship provider under the new apprenticeship levy regime.

R (Uddin) v Glyndwr University
JR challenge to University’s decision to exclude students when presented with evidence by the Secretary of State that they had obtained English language qualifications by fraud.

R (BUPA Care Homes Ltd) v Care Quality Commission
Claim for judicial review challenging the rating awarded to a care home following a CQC inspection

R (CWR) v Flintshire County Council
Acted for the claimant in one of the first judicial review challenges under the Social Services and Well-being (Wales) Act 2014 – challenge to a local authority’s assessment of need for a young adult with autism, to the care package provided and to the support provided to her parents as carers.

Briggs v Briggs (by his litigation friend the Official Solicitor) and others
[2018] Fam 63
Scope of the Court of Protection’s powers under s21A of the Mental Capacity Act 2005 and eligibility for non means tested legal aid.

R (Dyer) v Welsh Ministers and Abertawe Bro Morgannwg University Health Board
(2016) 19 CCLRep 84
Nature of obligations on NHS bodies to assess need for particular health services.

R (Sarmarkand Film Partnership; Proteus Film Partnership) v HMRC
[2017] EWCA Civ 77
C
hallenge to HMRC decision to disallow millions of claimed tax relief for film sale and leaseback schemes where HMRC considered there may have been tax avoidance.

R (Bestaway National Chemists Ltd) v Welsh Ministers
[2017] EWHC 1983 (Admin)
Judicial review claim brought by pharmacy chain challenging the Welsh Minister’s decision to reject its application for inclusion in the pharmaceutical list at a new health park, and to prefer the application of a competitor.

R (LCCSA and CLSA) v Lord Chancellor
Acting for criminal legal aid solicitors in challenge to Lord Chancellor’s proposals to reform criminal legal aid.

R (Rotherham Metropolitan Borough Council, Liverpool City Council and others) v Secretary of State for Business, Innovation and Skills
Challenge to Government’s allocation of £10 billion of EU regional aid raising issues of EU proportionality and non-discrimination.

Secretary of State for Work and Pensions v SFF
Test cases considering how the CJEU judgment in Saint Prix applied in domestic law.

RM v Secretary of State for Work and Pensions
Whether an EU national parent who had been self-employed while children were in education had a right to reside so as to claim income support. 

EO (Nigeria) v Secretary of State for the Home Department
Free movement rights of “other family members” under Citizenship Directive.

Appointments

2012 – Welsh Government’s A Panel of Junior Counsel

2015 – Attorney General’s A Panel of Counsel

2018 – Recorder (Crime), South Eastern Circuit

News, Articles & Publications

International Law in Domestic Courts: the Developing Framework [2008] 124 LQR 388 (with Philip Sales QC)

Contributor to Halsburys Laws of England: Judicial Review title

Information Rights: Law and Practice (Coppel ed.)

Supperstone, Goudie & Walker on Judicial Review (4th and 5th ed)

Supperstone & Knapman – Administrative Court Practice

Joanne is a regular contributor to 11KBW’s Education and Community Care blogs and is a contributor to 11KBW’s Education Law Manual (forthcoming)

Education

Somerville College, Oxford –  BA (Jurisprudence), 1st class

Somerville College, Oxford – BCL, Distinction

Oxford University Eldon Law Scholar (2002)

Gray’s Inn Reid Senior Scholarship

Gray’s Inn Beddingfield Junior Scholarhship

Other

Prior to starting practice, Joanne spent a year as a Judicial Assistant to the Law Lords (working for Lord Hope and Baroness Hale).

In 2006, Joanne was awarded a Pegasus Scholarship and worked in Wellington, New Zealand.

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Professional title: Barrister

Full name (as registered with Bar Standards Board of England and Wales): Joanne Clement

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