I had a conversation with my opponent on Friday. I had known of her briefly before, but this was the first time we met in person. We chatted before our small claims RTA trial while we waited for the judge to consider the judgment. She mentioned that she hadn’t yet had the opportunity to undertake a fast track trial. She explained that she was almost instructed for one, but the instructing party did not want to instruct a ‘pupil’.
I told my opponent that during my time as a litigator, if someone had told me that a less experienced person was handling my fast-track trial, even though I would have been specialised in employers’ liability and public liability litigation, after three years of advocacy, I can say that this way of thinking was mistaken. However, I still understood why those who were instructing might have had that concern. worried but it was wrong.
This post, is to help to reassure those fee earners involved in RTA litigation why instructing a pupil is a great idea.
Investing in your future counsel
Everyone starts somewhere. I started from somewhere, and every successful advocate did, too. However, if you do not give them the work, they can never develop their skill set. I am fortunate that I get work that includes fast-track trials but also numerous stage 3 and small claims trials. As a personal injury lawyer, that is a fantastic experience. Pupils deserve and need the same experience.
Remember, these are the same barristers who are likely to be your counsel down the line. The more experience they get, the better advocates they will be. You should not deprive them of such experience just because they are ‘pupils’. I can assure you I go up against pupils regularly and they are exceptionally skilled and determined. Don’t be a fool and and write them off as a rule, you will be missing out on a trick.
They already have the experience ( RTA Small Claims + Stage 3 = RTA Fast Track)
I remember my first Fast Track trial. It was on behalf of the Defendant, and liability was so bad that once I gave my submissions on liability and quantum, the Judge turned to my opponent on behalf of the Claimant and said, “I only need to hear from you on quantum.” Needless to say, my client’s insured driver was unaware of what that meant.
The reason why I was very confident was due to the fact I had done plenty of Stage 3 hearings regarding quantum for personal injury etc. and I had done plenty of RTA small claims trials. You put those experiences together and you have clear and strong foundations for fast track. As long as you understand the rules of evidence that applies to fast track and beyond but not small claims you are golden.
The majority of issues that arise from a fast track RTA trial will likely be encountered in small claims trials related to liability and the understanding of quantifying PSLA is gained from Stage 3. In my most recent fast track trial, my PSLA submission was so accurate that I was only £1,000 off. The amount awarded was £11,000, which was very close to the £12,000 I had submitted. If I can do that, then a pupil exposed to the work they are will absolutely be able to do.
They still have their observed experience fresh in their mind
I’ve said in a previous post how qualified advocates do not get the pupilage experience and that is not something to be disregarded as trivial. They observe advocacy conducted by experienced Barristers and in their pupilage, they will implement that into their advocacy. It remains fresh. After a few years, they will have developed their own flair and approach to matters.
I know that when I am against a pupil, I listen carefully to what they say, consider how they came to that conclusion and learn from it.
They are appropriately supervised by senior Counsel
Pupils work under the supervision of experienced barristers, even during the second six when they are on their fee. This supervision ensures that the quality of work remains high and that complex legal matters are handled appropriately. Through their supervisors and chambers, pupils have access to a wealth of knowledge and expertise, providing additional support and assurance to those who instruct them.
Availability
Pupils may have more availability compared to seasoned Counsel who often have busier schedules, allowing those instructing to secure legal representation more easily and quickly.
Don’t rule them out
I understand that the client ultimately decides who to instruct, but we shouldn’t dismiss pupils just because they are pupils. As mentioned, they have a lot to offer, and by working with them, you can help them develop their careers at a crucial stage.
Information
AJH Advocacy Limited, a Limited Company which is regulated by the Bar Standards Boards (entity number 190758), ceases trading on the 12th January 2026.
From the 12th January 2026 and onwards, Alec Hancock will practice as a Barrister at Magdalen Chambers in Exeter. For instructions on matters on or after 12th January 2026, please contact Magdalen Chambers via clerks@magdalenchambers.co.uk or by telephone on 01392 285 200.