Susan Jones

Year of Call: 2011
Email Address: susan.jones@3pb.co.uk
Secure Email: susan.jones@3paper.cjsm.net
Telephone: 01962 868 884

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Overview

Susan Jones practices across 3PB’s areas of expertise. Susan has experience in regulatory matters particularly licensing and inquests.

In 2015-2016 Susan undertook a secondment in an Inquest team at a large solicitors firm during which she appeared in inquests involving: prison deaths, deaths in care, hospital deaths including during cardiology and urology procedures, neonatal deaths, sudden unexpected death, article 2 and jury inquests.

Susan has recently:

  • appeared in the High Court for the Respondent in an appeal against refusal to set aside a statutory demand
  • appeared for a Local Authority in an appeal pursuant to refusal to grant a licence under the Animal Boarding Establishment Act 1963
  • advised on, drafted the defence and successfully made legal submissions to strike out a commercial multi-track claim on the basis of pure economic loss
  • appeared in a 7 day jury inquest arising out of a death in HMP Pentonville
  • was junior to Robert Grey in a 22 day Fraud by misrepresentation trial
  • sought release of an inmate convicted of burglary, murder, necrophilia and arson, before a Parole Board.

Susan is a grade 2 CPS prosecutor and is direct access qualified.

Expertise

  • Clinical Negligence
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    Susan uses experience gained in her personal injury and inquest practice to assess claims in this area. She has advised in deaths arising from alleged clinical failures.

    In light of Montgomery v Lanarkshire Health Board [2015] UKSC 11 Susan has also advised in cases relating to adequacy or otherwise of information given to patients upon which they are to decide whether or not to undergo a particular type of treatment.

    Susan attends disposal hearings involving general and special damages. She has successfully argued the author of a psychological report was not an expert for the purposes of the pre-action protocol and even if considered an expert such instruction was disproportionate. Consequently Claims for medical fees and CBT were both dismissed.

    At CMC’s Susan has successfully argued stays should not be extended and proceedings should remain in the portal to enable stage 2 negotiations to proceed. Conversely Susan has argued matters should exit the portal and be allocated and advised on appropriate directions.

    Susan has considered issue relating to hostile litigation friends and matters arising when Defendant’s potentially lack capacity in areas of law outside the remit of personal injury.
    Susan is a member of PIBA and attends their annual March conference.

    Inquests

    Susan has experience dealing with cases in which the determination of the cause of death are complex and involve the assessment of factual evidence and the opinions of a number of experts.

    Susan has experience with inquests involving:

    • Prison death
    • Care homes death
    • Complications in cardiology and urology procedures
    • Hospital deaths
    • Emergency Services attendance
    • Neonatal deaths
    • Sudden Infant Death
    • Suicides
    • Sudden deaths
    • Article 2 inquests
    • Jury inquests
    • Multi day inquests

    Susan completed a 7 month secondment in the inquest team at Capsticks solicitors during which she prepared cases from receipt of initial instructions and appeared as the advocate at the inquest. Susan continues to build on this area of work.

    Recent Inquests:

    Hospital Deaths
    Baby D: Susan represented an NHS Trust in an inquest concerning a neonatal death with alleged antenatal and neonatal failings surrounding Haemolytic Disease of the New Born. Although the coroner was critical of care provided by the Trust, no causative failings were established.

    Susan represented a family in a two day inquest following the death of a woman with placenta accrete who died post emergency caesarean section as a result of torrential haemorrhage. This inquest involved extensive obstetric evidence from clinicians, an independent obstetrics expert and a pathologist with an interest in maternal death. Evidence considered antenatal reviews, timing of the caesarean section, surgical entry and postoperative care. The coroner made neglect findings.

    Re LM-B: Susan appeared on behalf of a Trust providing psychiatric care to a patient who collapsed in the street. Prior to the inquest Susan drafted instructions and questions for a toxicology expert to advise on post mortem redistribution and other factors affecting post mortem blood concentrations of anti psychic drugs and anti-depressant (clozapin and venflaxin), that according to the post mortem were present after death at toxic and fatal levels. At the inquest Susan questioned the pathologist and expert witness. The coroner returned a natural causes conclusion.

    Re CMcL: inquest into the death of a member of hospital staff arising out of a rare but recognised complication during an elective investigatory angiogram. Live evidence was heard from consultant pathologist, consultant cardiologist and registrar.

    Re JP: this inquest involving attendance by emergency services and delays at the scene whilst awaiting a bariatric ambulance. Questions were raised about the time taken for the ambulance service to transfer JP to hospital.

    Prison Deaths
    Re AH: 7 day jury inquest into the death of a prisoner who received a drugs package into HMP Pentonville, on which he subsequently choked. This inquiry included investigation into prisoner restraint.

    Care Home Deaths
    Re DB: 4 day inquest into the death of a dementia resident who whilst in care was struck in the face by another dementia resident. This inquest involved examination of medical records of a living person to determine if there were any missed opportunities to protect others. Susan advised on disclosure of the records of a living person who lacked capacity and made submissions to the coroner in respect of disclosure.

    Re NMcL: 5 day inquest into the death of an elderly care home resident suffering with dementia after falling from a chair and sustaining a fractured neck of femur. This matter went part heard at which point Susan succeed in getting her client’s status demoted to an interested person on the basis of “sufficient interest” only.

    Local Authority Deaths
    Baby C: Susan represented social services in an inquest touching the death of a 3 week old baby. The inquest explored co-sleeping and whether the actions of social services and other agencies were appropriate. In evidence Susan explored the rationale behind the approach taken by social services and the frequency of their interactions with other agencies. A conclusion of Sudden Unexpected Death in Infancy (co-sleeping) was returned and in respect of prevention of further death reports, the coroner indicated that the evidence clarified the multi-agency approach was appropriate and a report was not necessary.

    Susan appeared for a Local Authority in an inquests concerning drowning on a beach. The inquest explored adequacy of signage and personal rescue equipment and whether these were in accordance with Royal National Lifeboat Institute (RNLI) guidance.

    In an 8 day jury inquest in 2017 Susan represented a novice jet skier involved in a fatal collision resulting in the death of an experienced jet skier. The inquest involved complex factual and expert evidence, including expert evidence regarding water collision reconstruction and medical causation.

    Susan recently attended the following inquest seminars: The Coroner’s and Justice Act 2 years on and The Coroner’s Inquest some current dilemmas.

  • Commercial
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    Susan has experience conducting a variety of court hearings within this area, including:

    • Insolvency and Bankruptcy
    • Bankruptcy applications including following failed IVAs
    • Disclosure applications from third parties under section 366 and 367 Insolvency Act
    • Applications to set aside statutory demands.
    • Protection of property orders on behalf of Trustees

    In 2016 Susan appeared in the High Court for the Respondent in a hearing concerning contractual interpretation following the dismissal of an application to set aside a statutory demand for over £80,000. The issues turned on the true contractual interpretation of a clause setting out that, in the event that any contractual instalment of the loan was missed, the creditor could commence bankruptcy proceedings. This case involved consideration of the recent Supreme Court judgment of Arnold v Britton [2015] UKSC 36 and in the High Court, Susan’s submissions were accepted.

    In 2017 Susan represented joint Trustees in Bankruptcy at a final hearing in which Trustees sought declarations that property, namely cattle and farm machinery vested in them. The Bankrupt raised that following the death of his father with whom he had traded in partnership, the cattle and farm machinery were his mother’s property. The life of these proceedings involved: preservation orders for cattle and farm machinery and delivery up orders attended by Susan and other members of Chambers. In addition to an ownership dispute the final hearing also considered capacity of the Bankrupt’s mother. The Court ordered the property vested in the Trustees entirely.

    Professional Risk
    Susan has experience recovering professional fees involving Estate Agents and Veterinary surgeons.

    Susan defended a veterinary practice in claim alleging negligent treatment of a dog’s skin condition and breach of contractual and duty of care for later refusing to carry out a procedure under general anaesthetic with a claim for loss of earnings. Susan explored in evidence the break down in trust and confidence between the vet and their client and what if any loss stemmed from the approach taken by the veterinary practice. The Judge accepted the position Susan presented on behalf of the veterinary practice and the Claim was dismissed.

    Susan successfully argued quantum meruit in a dispute for mediation fees.

    A client recovered the full cost of a new kitchen after a professional cleaning organisation was found negligent and in breach of implied contractual terms. Damage to the kitchen units was noticed days after steam cleaning was undertaken. Both parties instructed furniture experts, their reports dealt with delay in the appearance of damage and steam damage patterns and whether the damage could have been attributed to a kitchen kettle.

    Energy & Utilities
    Susan represented electrical subcontractors employed by a local authority, when the local authority joined them to an action in which it was alleged they had negligently connected the electrical supply of business to the supply network. Susan advised and drafted the pleadings. Susan asserted the initial claim for pure economic loss was misconceived. The pure economic loss defence was not raised by the first defendant. The matter was listed for half a day of legal argument before HHJ Luba QC. Susan made submissions in respect of pure economic loss principles and negligent misstatement. HHJ Luba QC was satisfied for the reasons Susan submitted that there was no legally recognisable claim.

    Trading and Business Financing
    Susan has appeared in a number of hearings involving reliance on guarantees and indemnities.

    Publications

    • 27th Apr 2017

      Susan Jones relies on April 2017 Court of Appeal decision to defend a £49,000 costs application in its entirety. On 20th April 2017, in what is likely to be one of the first applications of the Court of Appeal decision in Peter Mills Dammerman v Lanyon Bowlder LLP (2017) Susan successfully appeared for a Defendant in a costs dispute following settlement of a small claim in favour of a Defendant's counterclaim for an offer made by the Claimant almost 3 years earlier.

      View Publication
  • Crime
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    Past trials include:
    • Burglary
    • Theft including Theft by finding
    • Assault and battery
    • Driving offences
    • Offences under the Environment Act
    • Knife crime.

    Susan appears in relation to road traffic matters and has experience of: speeding, alcohol related driving offences, failure to respond to section 172 notices, totting up, special reasons and exceptional hardship. Driving related appearances include hearings in the Magistrates Court and appeals to the Crown Court. Susan will consider acting on a direct access basis.

    Susan is a Level 2 Prosecutor and appears in the Crown Court for the Prosecution and Defence.

    Susan has experience with vulnerable witnesses including ground rules hearing, witness introductions, cross examination involving intermediaries, competency arguments and Court approval of cross-examination in advance.

    Recent Cases

    • R v F (2015): In a 22 day trial in Bristol Crown Court, Susan was junior to Robert Grey. The Defendant was charged with 6 counts of fraud by misrepresentation. Susan cross-examined the fraud investigator
    • R v B (2016): B was a gardener charged with theft of an elderly lady’s savings from an envelope kept in her home. Forensic examination identified B’s fingerprint on the envelope. B denied theft. Susan drew to the attention of the jury evidence that the complainant might be mistaken and highlighted weaknesses with the physical evidence. B was acquitted
    • R v A Youth (2015): Susan represented a 17-year-old defendant in a trial of possession of a bladed article and battery. The Defendant had two previous convictions for knife related crime that went before the Youth Court as bad character. The Prosecution case relied on the evidence of another 17 year old who had allegedly seen and sustained injury from the knife. The Bench also had photographs of cuts across the complaints abdomen purportedly caused by the Defendant. In cross examination of the police officer it came to light that although the officer had not carried out a search of the area he had alerted a dog team to attend and there was a negative knife search. The Defendant gave evidence and was acquitted. The Bench could not be clear he had a knife and accepted any assault was in lawful self-defence
    • R v M: A client was acquitted after trial for burglary. The evidence included CCTV of the Client at the scene and an admissible confession in police interview
    • R v A: A was found not guilty of assault by beating. The allegation involved a carer hitting a care home resident in the face with a shoe. The trial lasted 1½ days and required Susan to cross examination a vulnerable adult witness and question A through an interpreter. In their reasons the magistrates set out that this was one of the most difficult cases they had ever had to consider. They explained that upon hearing the vulnerable witness’ police interview they had found her convincing however under careful cross-examination many inconsistencies had surfaced and even accounting for her vulnerable status those inconsistencies could not be overcome
    • R v A: Susan defended in a trial where the Defendant was charged with theft by finding of two platinum rings with a combined value of £5,500.
  • Personal Injury
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    Hearings attended by Susan in this area include:

    • Conciliation hearings
    • CMCs
    • Relief from Sanction applications
    • Trials on liability
    • Stage 3 portal and fast track quantum hearings
    • Infant and protected party approval hearings for a wide range of injuries
    • Preliminary and allocation hearings
    • Applications to come off record
    • Cost hearings following discontinuance
    • Road Traffic Accidents.

    Currently Susan is using previous experience as a trampoline coach to advise in a number of ongoing cases arising out of trampolining accidents.

    In 2017 Susan represented a Claimant at trial where the Claimant alleged he burnt his hand while working for the Defendant when required to set fire to sawdust on the Defendants premises. The matter was defended on the basis that the Defendant never employed the Claimant (there was no contract of employment, no evidence of payments and the Claimant did not have a UK work permit) and in any event that the incident did not occur on his premises (there being no accident book entry or any other record and the incident described was not something tolerated by the Defendant). Following a full day trial the judge found for the Claimant and heard submissions on quantum for burn injuries.

    In 2017 Susan represented a child at a stage 3 disposal hearing who was awarded £14,000 following sustaining a deep facial laceration requiring surgery under general anesthetic, leaving permanent scarring with a likelihood of further future treatment. The Claimant also suffered post traumatic anxiety that resolved.

    In 2015 Susan advised and drafted pleadings for a claimant who slipped on ice whilst delivering oil to a premises not controlled by his employer. Shortly after exchange of pleadings the claim was settled.

    Susan represents Claimants and Defendants in Road Traffic Accidents.  She has conducted hearings involving liability disputes for collisions at junctions, traffic lights, roundabouts and road works. Susan has successfully represented driving instructors on a number of occasions. She has successfully defended claims on the basis that the alleged collision and damage never occurred.

    Acting under a CFA Susan recently recovered damages for injury suffered by a Scooter rider who at the mouth of a roundabout placed his foot in the vicinity of the wheel of a bus and was subsequently run over.

    Susan has appeared in applications to come off the record when conflicts of interest arise between drivers and passengers and when solicitors cannot obtain instructions. Following discontinuance Susan has attended Defendant costs hearings.

    Acting on behalf of a County Council, Susan had a claim under the Highway Act 1980, identified as suitable for the small claim track struck out, with costs on the basis that the Claimant failed to sufficiently particularise their claim.

    Susan provides advice on quantum and attends infant and protected party approval hearings. Susan has experience advising in a number of cases involving infants where medical evidence is inconsistent and/or settlement offers have been withdrawn. She has considered issue relating to hostile litigation friends and matters arising when Defendant’s potentially lack capacity in areas of law outside the remit of personal injury.

    Susan is a member of PIBA and attends their annual March conference.

    Inquests

    Susan has experience dealing with cases in which the determination of the cause of death are complex and involve the assessment of factual evidence and the opinions of a number of experts.

    Susan has experience with inquests involving:

    • Prison death
    • Care homes death
    • Complications in cardiology and urology procedures
    • Hospital deaths
    • Emergency Services attendance
    • Neonatal deaths
    • Sudden Infant Death
    • Suicides
    • Sudden deaths
    • Article 2 inquests
    • Jury inquests
    • Multi day inquests

    Susan completed a 7 month secondment in the inquest team at Capsticks solicitors during which she prepared cases from receipt of initial instructions and appeared as the advocate at the inquest. Susan continues to build on this area of work.

    Recent Inquests:

    Hospital Deaths
    Baby D: Susan represented an NHS Trust in an inquest concerning a neonatal death with alleged antenatal and neonatal failings surrounding Haemolytic Disease of the New Born. Although the coroner was critical of care provided by the Trust, no causative failings were established.

    Susan represented a family in a two day inquest following the death of a woman with placenta accrete who died post emergency caesarean section as a result of torrential haemorrhage. This inquest involved extensive obstetric evidence from clinicians, an independent obstetrics expert and a pathologist with an interest in maternal death. Evidence considered antenatal reviews, timing of the caesarean section, surgical entry and postoperative care. The coroner made neglect findings.

    Re LM-B: Susan appeared on behalf of a Trust providing psychiatric care to a patient who collapsed in the street. Prior to the inquest Susan drafted instructions and questions for a toxicology expert to advise on post mortem redistribution and other factors affecting post mortem blood concentrations of anti psychic drugs and anti-depressant (clozapin and venflaxin), that according to the post mortem were present after death at toxic and fatal levels. At the inquest Susan questioned the pathologist and expert witness. The coroner returned a natural causes conclusion.

    Re CMcL: inquest into the death of a member of hospital staff arising out of a rare but recognised complication during an elective investigatory angiogram. Live evidence was heard from consultant pathologist, consultant cardiologist and registrar.

    Re JP: this inquest involving attendance by emergency services and delays at the scene whilst awaiting a bariatric ambulance. Questions were raised about the time taken for the ambulance service to transfer JP to hospital.

    Prison Deaths
    Re AH: 7 day jury inquest into the death of a prisoner who received a drugs package into HMP Pentonville, on which he subsequently choked. This inquiry included investigation into prisoner restraint.

    Care Home Deaths
    Re DB: 4 day inquest into the death of a dementia resident who whilst in care was struck in the face by another dementia resident. This inquest involved examination of medical records of a living person to determine if there were any missed opportunities to protect others. Susan advised on disclosure of the records of a living person who lacked capacity and made submissions to the coroner in respect of disclosure.

    Re NMcL: 5 day inquest into the death of an elderly care home resident suffering with dementia after falling from a chair and sustaining a fractured neck of femur. This matter went part heard at which point Susan succeed in getting her client’s status demoted to an interested person on the basis of “sufficient interest” only.

    Local Authority Deaths
    Baby C: Susan represented social services in an inquest touching the death of a 3 week old baby. The inquest explored co-sleeping and whether the actions of social services and other agencies were appropriate. In evidence Susan explored the rationale behind the approach taken by social services and the frequency of their interactions with other agencies. A conclusion of Sudden Unexpected Death in Infancy (co-sleeping) was returned and in respect of prevention of further death reports, the coroner indicated that the evidence clarified the multi-agency approach was appropriate and a report was not necessary.

    Susan appeared for a Local Authority in an inquests concerning drowning on a beach. The inquest explored adequacy of signage and personal rescue equipment and whether these were in accordance with Royal National Lifeboat Institute (RNLI) guidance.

    Susan recently attended the following inquest seminars: ‘The Coroner’s and Justice Act 2 years on’ and ‘The Coroner’s Inquest some current dilemmas’.

  • Property and Estates
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    Susan has experience of attending hearing relating to the following property matters:

    • Statutory tenancy deposit scheme
    • Mortgage Possession Actions on behalf of banks, private and social landlords
    • Applications to suspend possession
    • Charging Orders
    • Orders for Sale

    Landlord and Tenant
    Recently Susan appeared on behalf of a tenant claiming repayment of a tenancy deposit and a statutory penalties under the Housing Act 2004 in which it was eluded the Defendant landlord lacked capacity. Susan relied on diagnostic and functionality tests in the Mental Capacity Act 2005 to argue that judgment should be entered. This case provided an interface between differing areas of Susan’s practice.

    Susan successfully represented a tenant in a landlord and tenant dispute in which the Landlord claimed rent arrears, loss of future rent and contractual costs. Rent arrears were admitted and this was the only head of the claim to succeed. The tenant successfully counterclaimed recovering a rent rebate, damages for distress and inconvenience, travel and increased electricity costs.

    Susan has appeared in possession hearings on behalf of social housing providers in respect of housing contracts between the MOD and social housing provider concerning properties occupied by service personnel under a Licence to Occupy, which upon termination amounted to trespass.

    Property Damages
    Susan has appeared in hearings and advised a Local Authority on damage to a garden wall caused by tree roots.

    In 2017 Susan represented a Claimant in a claim arising out of works to remove chimneybreasts at the Defendant’s adjoining property. The Defendant failed to give notice under the Party Walls etc Act 1996. The claim succeeded and the Claimant was awarded special damages for remedial costs and general damages for inconvenience.

  • Public and Regulatory
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    Susan has experience of appearing before a variety of public law and regulatory forums.

    Licensing
    In 2016 Susan appeared for a Local Authority in a long running case involving an appeal against refusal to renew a license under the Animal Boarding Establishments Act 1963. The licence being necessary for carrying on a business of providing accommodation at premises, including a dwelling, for other peoples cats and dogs.

    Susan is regularly instructed to appear in taxi licensing appeals and will consider acting on a direct access basis.

    In 2016 Susan appeared for a local authority in a number of appeals against revocation of Hackney Carriage Licences with immediate effect under the Local Government (Miscellaneous Provisions) Act 1976, when drivers breached a Traffic Regulation Order by a pedestrianised areas.

    In 2017 Susan represented a Licensing Authority in a taxi licensing appeal in which the license holder was accused and acquitted of rape. Upon learning of the allegation the Licensing Authority revoked the driver’s license with immediate effect in the interests of public safety. During the course of the licensing appeal, Susan highlighted the burden of proof depends on the nature of proceedings and the purpose of criminal and licensing proceedings are very different. Susan relied on a transcript of the complainant’s ABE interview, the driver’s PACE police interview and Crown Court Transcript when questioning the officer in the case and the driver. The driver’s appeal was refused.

    Susan has appeared before a taxi and private hire licensing sub-committee on behalf of a taxi conglomerate for consideration of fitness of two directors to continue holding Private Hire Operator Licences. This involved issues of natural justice and responding to a report from the Head of Transportation Services.

    Before the Traffic Commission, Susan represented four Lorry companies in a multi day, multi issue inquiry arising from five reports concerning professional competence, good repute, satisfaction of fundamental licensing requirements and financial standing. The case involved a history of receipt of a large number of PG9’s including some serious roadworthiness prohibitions. Concerns were raised relating to third party trailers, inadequately of checks, driver failings and issues surrounding nominated Transport Managers. The licences of each company had previously been suspended due to failure to provide evidence of appropriate financial standing. Susan ensured the financial suspension was lifted on the first day of the inquiry. Following the evidence and submissions, all parties received Formal Warnings.

    Susan has represented Duty Premises Supervisors before licensing sub-commitees and appeared in review hearings and applications for extension of opening hours. She has also represented publicans in criminal sentencing hearings involving consideration of suspension of their personal licence under the Licensing Act 2003.

  • Sports
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    Susan juniored for Louis Weston at an inquiry brought by the British Horseracing Authority concerning Eddie Ahern and Neil Clement. The case involved allegations of conspiracy to pass and use inside information and riding a horse other than on its merits. On behalf of the British Horseracing Authority Susan conducted Eddie Ahern’s penalty hearing when he received a 10 year ban from racing.

    Susan represented the British Horseracing Authority before a full disciplinary panel, presenting that a jockey had tampered with samples and brought the sport into disrepute. Arguments turned on whether a jockey providing a Sampling Steward with a urine sample provided by another bound by the Rules of Racing, was also prejudicial to the reputation of British Horseracing. Susan successfully argued before a British Horseracing Authority disciplinary panel that the charge of conduct prejudicial was not duplicitous when brought with other breaches of the Rules of Racing.

    Susan has represented the British Horseracing Authority at an appeal hearing and drafted a written response to a costs application.

    Susan accompanied Louis Weston to the Court of Appeal where he represented the Great British Greyhound Board.

    Before being called to the Bar Susan qualified and worked as a British Gymnastics accredited gymnastics and trampoline coach.

Recommendations

“Speed and uptake was impressive to say the least, as was her energy and the commitment she made. Since this first encounter, we have sought to use her whenever possible. Having sat next to her I can say that she is an accomplished advocate with a compelling style of advocacy” – Partner, instructing and attending a 3 day hearing

“Thank you for your advice which is both thorough and lucid of its analysis of the case” – Associate Solicitor

“Miss Jones was extremely helpful and professional.  I do not see how we could have done any more to better present my case” – Lay client

Academic qualifications

  • Queen’s University Belfast (LLB: First, Top in Year)
  • City University Law School (Bar Professional Training Course: Outstanding)

Scholarships

  • BPTC scholarship
  • Sweet and Maxwell Prize – most distinguished student in LLB final examinations
  • Queen’s University Belfast awards for:
    • Jurisprudence and political economics
    • Contract law
    • Trademarks and unfair competition

Professional qualifications & appointments

  • Western Circuit Area Bar Junior (Winchester)
  • Direct/Public access qualified

Professional bodies

  • Personal Injury Bar Association
  • Association of Regulatory & Disciplinary Lawyers
  • British Association for Sport and Law (BASL)
  • Bar Pro Bono Unit

Direct Access

Susan Jones is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.

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