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Imogen Proud

Call: 2015

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Education

MA (Cantab) Double First Class Honours;
GDL (City Law School) Distinction; BPTC (City Law School) Outstanding

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Introduction

Imogen’s practice includes a number of Chambers’ specialist areas:

  • Administrative and public law (including human rights, housing and community care);
  • Education law;
  • Procurement;
  • Competition law;
  • Telecommunications;
  • Consumer law; and
  • Commercial regulation.

Imogen was appointed to the Attorney General’s C Panel when just 3 years into tenancy. She entered the legal directories in her 4th year of tenancy: she is ranked as a Rising Star for Administrative and Public law by Legal 500 2021. Imogen was shortlisted for an award in the Women in Law Awards 2020 in the category “Rising star – barrister/advocate of the year”.

Imogen is an accredited civil and commercial mediator (ADR Group). She is Public Access Qualified. She is also a member of the panel of counsel of Advocate, a charity which sources free legal help from barristers for those otherwise facing legal problems alone.

Imogen read Philosophy at Cambridge, graduating with a double first and coming third across the university in both parts I and II of Tripos. Imogen’s oral advocacy experience includes the High Court, County Court, Upper Tribunal, FTT (Special Educational Needs and Disability), and FTT (Social Security and Child Support).

  • News
  • Administrative & public

    Imogen’s administrative and public law practice involves a mixture of led work, including complex and high-profile litigation, and work as sole counsel. She acts for clients including individuals and families, charities and NGOs, corporations, public bodies, and Secretaries of State.

    In 2019, Imogen was appointed to the Attorney General’s C Panel of Counsel.

    Imogen is on the committee of the Administrative Law Bar Association (ALBA) and represents Monckton Chambers on the committee of the Young Public Lawyers Group (YPLG)

    Imogen has acted for the claimant in judicial reviews ranging from challenges to various London boroughs’ social housing allocation policies, to the review of a clinical commissioning group’s refusal to fund a medication trial, to a decision of DEFRA to permit the emergency use of a banned pesticide.

    Imogen has acted for the defendant in judicial reviews spanning challenges to state surveillance powers, Government policy on electricity and gas meters, and reviews of Parole Board decisions.

    Public law cases of Imogen’s to reach the Court of Appeal include:

    • a rationalitiy and proportionality challenge to Defra’s banning of electronic dog collars
    • a JR of the Home Secretary’s decision to require a licence for certain telecommunications equipment which poses a threat to national security
    • Evangelou v McNicol, acting for Labour Party members excluded from voting in a Labour leadership election; and
    • the National Crime Agency’s successful appeal against the granting of interim relief in circumstances where it would in effect disapply the anti-money laundering regime under the Proceeds of Crime Act 2002.

    Imogen was instructed by the Department for Communities and Local Government in the Grenfell Inquiry.

    Imogen is a contributor to the upcoming edition of Broach and Clements’ “Disabled Children: A Legal Handbook”, Legal Action Group (3rd edition) (chapter on Children’s Services).

    She is a contributing author to the upcoming “Making Lawful Decisions” (working title), Broach and Butler-Cole eds, Legal Action Group (chapter on Legitimate Expectation).

    Imogen is one of LexisNexis’ contributing authors for its LexisPSL service. She has co-authored practice notes on the ‘Prevent Duty’ on public bodies in relation to terrorism (see article here); the status of Strasbourg case law; human rights and statutory construction; judicial deference and the margin of appreciation; civil contingencies and emergency powers; dealing with human rights challenges; and terrorism law.

    As a volunteer at Hackney Community Law Centre, Imogen has advised numerous clients on welfare benefits law.

    Cases

  • Civil liberties & human rights

    Imogen accepts instructions across all aspects of civil liberties and human rights work, including advice and representation.

    She has been instructed in cases defending the human rights of individuals and families, as well as acting for corporations seeking to protect their commercial interests through human rights proceedings.

    Imogen’s recent cases include:

    • actions against the police;
    • a landmark ruling which denied the National Crime Agency access to encrypted data on computers belonging to a “hacktivist” (further details here)
    • a company challenging a ban of sales of one of its products (electronic dog collars) on human rights grounds;

    In her first four years of practice, Imogen was a member of the Executive Committee of the Human Rights Lawyers Association (HRLA). She is a member of Justice, Greenpeace and the Association of Lawyers for Animal Welfare.

    Imogen previously ran the year 12 programme of a project called ‘Your Law’, organising and delivering workshops on the Human Rights Act 1998 in state secondary schools in London.

    She was chosen to be a contributor to the 2016 Human Rights Lawyers Association’s Young Human Rights Lawyer Journal with her case analysis of the ‘DRIPA’ Appeal (R v SSHD ex parte Davis, Watson, Brice and Lewis) (available here). Her article Ullah Overhaul: The Human Rights change we need is already here (available here) was selected to appear in the 2015 edition.

    Cases

  • Education

    Education law is an area of particular interest for Imogen since before becoming a barrister she worked as a state school classroom teacher. Coming from a family of teachers, Imogen returned to Cambridge University after graduating for postgraduate teacher training (PGCE) and then taught for four years in Hackney and Islington. During that time, Imogen worked with many children with Statements of Special Educational Needs (now replaced with Education Health and Care Plans or EHCPs). This gives Imogen rare first-hand experience of the issues at stake in statutory appeals and judicial review challenges in the education field.

    Imogen advises and represents students and their families, schools and universities, local authorities, Ofsted and regulators. She accepts instructions across the full range of education law issues.

    She is regularly instructed to appear on behalf of children and their parents, or on behalf of local authorities, in challenges relating to EHCPs in the First Tier Tribunal (Special Educational Needs and Disability).

    Imogen accepts instructions in judicial reviews of decisions relating to education, including decisions engaging a child’s right to education, special educational needs provision and Ofsted decisions. She was recently instructed by Ofsted to defend a challenge to a report within the inspectorate’s ‘Further Education and Skills’ remit. Imogen has also been instructed to defend an admissions decision taken by a Cambridge college.

    Cases

  • Procurement

    Imogen acts on both claimant and defendant sides in major procurement litigation. Recent cases included acting for the Department for Transport in Eurotunnel’s procurement challenge to the award of Brexit ferry contracts.

    Imogen is currently instructed by the Department for Health and Social Care in a number of judicial review challenges brought by the Good Law Project concerning procurement of PPE during the Covid-19 pandemic.

    Cases

  • Competition and regulatory law

    Imogen advises on competition and associated regulatory law issues, assists undertakings involved in CMA market investigations and acts for companies bringing and defending proceedings in both the High Court and in the Competition Appeal Tribunal.

    Imogen was instructed by the Prysmian Defendants in the (National Grid) Power Cables litigation.

    She was instructed by Vodafone and TalkTalk in their appeal against Ofcom’s Business Connectivity Market Review 2019, led by Alan Bates.

    Imogen was instructed as junior counsel to Kassie Smith QC in Socrates Training Ltd v The Law Society of England and Wales. This landmark case was the first “fast-track” trial in the Competition Appeal Tribunal. Imogen acted for the Law Society.

    Imogen represented the Showmen’s Guild of Great Britain during a CMA inquiry into the Guild’s rules. The investigation was closed, without the imposition of any penalty, when the CMA accepted that its competition concerns were met by the Guild’s commitments to amend certain of its rules.

    She was involved in Google’s successful defence of Streetmap’s competition law challenge (Streetmap.EU v Google Inc.) and in the ‘Air Cargo’ litigation (Emerald Supplies v British Airways).

    Cases

  • Telecommunications

    Imogen acts for companies in the telecommunications sector, providing representation and advice in relation to matters including statutory appeals and judicial review challenges to Ofcom decisions.

    She was instructed by Vodafone and TalkTalk in their appeal against Ofcom’s Business Connectivity Market Review 2019, led by Alan Bates.

    Imogen also advises and represents telecommunications companies in relation to competition law (see the ‘Competition’ section above).

    During pupillage, Imogen assisted in a statutory appeal against a decision of Ofcom regarding BT’s charges for ethernet services, and EE’s judicial review of Ofcom’s setting of annual licence fees for 1800MHz spectrum.

  • Local government, social housing and community care

    Imogen accepts instructions, both as sole counsel and as junior counsel in larger teams, in challenges to local government decision-making. This includes advice and representation in relation social housing and community care issues. Imogen regularly acts for children and their families as well as in adult social care challenges.

    She has been involved in a number of judicial review challenges to the housing allocation policies of London borough councils.

    Imogen regularly acts for unaccompanied child asylum seekers in their judicial review challenges to local authorities’ “age assessments” which have found them to be over 18 years old.

    Through her work with Advocate (a charity which links barristers with those needing free legal help), Imogen has provided pro bono assistance to a charity which works with children in care.

  • Consumer law

    Imogen accepts instructions to advise and represent individuals, businesses, regulators and Government departments in the area of consumer law and business regulation.

    Imogen represented the Showmen’s Guild of Great Britain during a CMA inquiry into the Guild’s rules. The investigation was closed, without the imposition of any penalty, when the CMA accepted that its competition concerns were met by the Guild’s commitments to amend certain of its rules.

    Imogen also acts in judicial reviews with a consumer protection element. She acted for the successful Secretary of State in R (Utilita) v SSBEIS, a JR relating to the Department for Business, Energy & Industrial Strategy’s roll-out of second generation smart meters for electricity and gas.

  • Further information

    From 2016 to 2018 Imogen was a trustee of ‘Pro Bono Community’, a charity which seeks to improve access to justice by providing specialist training to volunteers in Law Centers and advice agencies.

    In 2017-18, Imogen was seconded to the legal department of Origami Energy Ltd, a tech start- up in the energy sector. She advised on matters of contract and company law, including non- disclosure agreements and other commercial contracts, the issuing of shares, and the appointment and removal of company secretaries and directors.

    Imogen has been awarded a range of scholarships including:

    • Phoenicia Scholarship (Bar European Group, 2016);
    • BPTC Advocacy Scholarship (City Law School, 2014);
    • Exhibition Award (Inner Temple, 2013 and 2014 );
    • Boutwood Scholarship for gaining a First (Corpus Christi College, Cambridge, 2006 and 2007)
    • College Exhibition (Corpus Christi College, Cambridge, 2005); and
    • College Prize for examination results (Corpus Christi College, Cambridge, 2005, 2006 and 2007).

    Imogen has received a number of awards including:

    • City Law School Outstanding Achievement in Volunteering, for successful pro bono representation of Law Centre clients in the First Tier Tribunal (2014);
    • shortlisted for City Law School Public Law Essay Prize (2014); and
    • Winner of the City Law School Bar Society Mock Trial (2014).

    Imogen represented Inner Temple in debate. She speaks conversational French and is a Wadoryu karate black belt.

  • What the directories say

    Rising Star in Administrative and Public: “She has a first-class mind, is very hard-working, is greatly responsive and is user friendly. She is also particularly good at dealing with clients.” – Legal 500, 2021

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