Jessica Franklin

Jessica accepts instructions in a range of personal injury matters. She has a particular interest in employer liability, occupier liability, military disputes and complex issues of vicarious liability. She appears in court several times a week.

Jessica has recently been instructed in the following military cases:

• Led by Michael Rawlinson KC, to advise a claimant on causes of action in a military parachuting accident in the Middle East. The claim involved complex issues in relation to vicarious liability, applicable law and the State Immunity Act.
• Led by Michael Rawlinson KC, to advise a claimant injured in a military assault course on US soil in relation to vicarious liability, applicable law and the State Immunity Act.
• On behalf of the MOD, to advise on causation and quantum in the Lariam (anti-malaria drug) group litigation.
• On behalf of the MOD, in a claim for psychiatric injury caused by bullying and harassment (pleaded in excess of £500,000).

Jessica is experienced in whistleblowing, discrimination and unfair dismissal claims and those involving psychiatric injury. Jessica is instructed in multi-day employment trials. She frequently advises, drafts pleadings and appears in PHs.

In December 2022 Jessica represented 51 claimants in Rollett & Ors v British Airways Plc (3315412/2020), led by Martina Murphy. During the two-day Preliminary Hearing, the Employment Tribunal found it had jurisdiction to hear associative indirect discrimination claims (applying CHEZ Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatsia (ECJ)). This case is reported in the latest edition of Harvey.

Jessica is instructed on the appeal of Rollett, led by Martina Murphy, to be heard in the EAT (President’s List) in April 2024.

Jessica acted for the successful claimant (led by Tim Goodwin) in a preliminary hearing on the Employment Tribunal’s jurisdiction, applicable law, and the territorial reach of the ERA 1996. The claim was brought by a Danish national living and working in Denmark. The Tribunal found that the ERA extended to the claimant and that it had jurisdiction to hear his claims.

During pupillage, Jessica assisted Martina Murphy and David Green in the Court of Appeal in Greene v Davies [2022] EWCA Civ 414. The Appeal arose out of professional discipline action against the former head of the Law Society and covered issues of abuse of process and res judicata. Martina, David and Jessica secured success for the respondent.

Jessica has spoken on the protection of gender critical beliefs under the EqA 2010, the development of associative indirect discrimination, and on the distinction between belief and its manifestation. She has written for the ELA Briefing on social class as a protected characteristic, and on associative indirect discrimination under CHEZ.

Jessica was instructed for the claimant/appellant in Cuthbert v Taylor Woodrow [2024] EWCA Civ 244, led by Michael Rawlinson KC and Max Archer.

Jessica is instructed for various claimants bringing mesothelioma claims arising out of exposure to asbestos in South African mines, led by Aliyah Akram and Harry Steinberg KC.

Through her military cases Jessica has gained experience in complex multi-track overseas injury cases. Jessica has advised in issues relating to applicable law and the State Immunity Act in a parachuting accident that happened in the Middle East, and in an assault course accident in the USA (led by Michael Rawlinson KC).

Jessica is instructed for various claimants bringing mesothelioma claims arising out of exposure to asbestos in South African mines (led by Aliyah Akram and Harry Steinberg KC). These are pre-Rome II and pre-Private International Law (Miscellaneous Provisions) Act 1995 claims under the common law.

Jessica successfully represented the defendant at trial in an insurance policy dispute arising out of a ski accident in the Alps. She has pleaded claims under the Package Travel Regulations.

Recent successes for Jessica at trial include:

• For the defendant, in a claim for diminution in value to residential property caused by the installation of telecoms equipment.
• For the defendant, in a claim for property damage caused by a fallen tree.
• For the defendant, in a claim relating to a dispute over contents insurance cover when items were damaged in a house move.
• For the claimant, in a claim for the destruction of a garden wall.

She has drafted a number of property damage defences.

BVS (Distinction), City Law School (2020-21)
GDL (Distinction), City Law School (2019-20)
BA (First-Class Honours), History of Art, University of Cambridge (2012-15)

Inner Temple, Major Scholarship
Inner Temple, Exhibition Award
City Law School, Scholarship for Academic Excellence
Corpus Christi College, Cambridge, Perowne Prize

Winner, Lawson Moot
Winner, Cecilia Moot
Winner (joint), City GDL Moot

Attorney General’s Junior Junior Panel

PIBA
ELBA
ELA
ILS

ELA Briefing, ‘Associative Indirect Discrimination: a New Class of Claimant’ (March 2023)

ELA Briefing, ‘Class as a Protected Characteristic?’ (March 2022)

12KBW Personal Injury Law Blog (‘From Vicarious Liability to Precarious Liability’)