Published: 6th Feb 2020
BA (Hons) Law from Magdalen College, Oxford (1993).
Bar Vocational Course, Inns of Court School of Law (1994)
Susan has been a barrister practising in civil law for over 27 years. She did her pupillage at 13 King’s Bench Walk in 1994-95 and practised there for 19 years before moving to 42 Bedford Row in 2014. She specialises in employment law, public law, inquests and personal injury/ clinical negligence claims. She was on the Attorney-General’s panel of Civil Treasury Counsel for 16 years including 5 years on the highest ‘A’ panel, during which she acted for the government in many hundreds of public law challenges, employment cases and inquests.
Susan has extensive experience of advising and representing claimants and respondents in all areas of employment law, particularly in discrimination and whistleblowing claims. Her practice is conducted predominantly in employment tribunals and the Employment Appeal Tribunal.
Susan advises and represents in personal injury and clinical negligence cases, in both county courts and the High Court.
Susan acts for both families of the deceased and interested parties in inquests, including article 2 ECHR inquests where a fuller investigation by the coroner is justified.
Her experience has included acting for the MOD in numerous inquests involving the deaths of service personnel in Iraq or Afghanistan. Issues explored included “human error” after five servicemen died in Afghanistan when the pilot misjudged the helicopter’s height from the ground whilst flying in the Kandahar desert; the protection granted by helicopter defence systems against Surface-to-Air missiles; the balancing of the need to win “heart and minds” when patrolling in Snatch Land Rover vehicles against the limited protection afforded by such vehicles against Improvised Explosive Devices; the efficiency of night goggles whilst on clandestine reconnaissance missions.
Susan has also represented parties at multiple article 2 ECHR inquests into prison deaths, including an inmate who passed through five different prisons whilst suffering from psychotic depression with psychotic symptoms and many others who were being monitored for risk of self-harm when they took their lives.
More recently, Susan has acted for the family of a young man who died after being restrained by the police, following his suffering an episode of drug-induced delirium and representing a hospital when a young lady died from metabolic acidosis following a paracetomol overdose.
Susan is authorised to accept instructions direct from members of the public. She encourages clients with employment issues or who seek representation at inquests, to contact Chambers and discuss their problem.
In suitable cases, Susan can provide client conferences, written advice and representation at court.
Published: 6th Feb 2020
This week Susan Chan of 42BR has appeared for the Lord Chancellor in the second judicial review challenge to the employment tribunal fees system brought by the union Unison. A year ago Susan successfully defended the tribunal fees scheme against Unison’s first challenge, which was backed by the Equality and Human Rights Commission (EHRC).
Published: 23rd Oct 2014
Judgment was handed down on 23rd May 2014 in the first judicial review claim against the Judicial Appointments Commission to be heard by a court: Jones v Judicial Appointments Commission  EWH 1680 (Admin). Susan Chan of 42BR acted as sole counsel for the Judicial Appointments Commission (JAC). Mr Jones was represented by Jonathan Swift QC.
Published: 27th May 2014