Jessica Franklin

Jessica specialises in personal injury, employment and discrimination.

Jessica writes robust pleadings, offers realistic advice on liability and settlement and is a confident advocate.  In employment, she is particularly experienced in whistleblowing, discrimination and unfair dismissal claims. In personal injury, she is experienced in a range of areas including complex vicarious liability and military disputes.

Jessica is junior counsel in upcoming appeals in the Court of Appeal and in the Employment Appeal Tribunal to be heard in 2023/24.

Jessica is a scholar of Corpus Christi College, Cambridge. She achieved a Distinction in the GDL and the BVS. She was awarded academic scholarships by the City Law School and the Inner Temple to undertake her legal studies. She is an able advocate: she won the Inner Temple’s Lawson Moot, the City GDL Moot and the Cecilia Moot.

Prior to coming to the Bar, Jessica had a career in advertising and marketing. She worked in Beijing for a year and has a great interest in Chinese culture, language and food.

Personal Injury

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).
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Employment & Discrimination

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 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.

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International & Travel

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.

Through her military cases Jessica has gained experience in complex multi-track overseas injury cases. Jessica has advised on 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).

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Industrial Disease

Jessica is instructed for the claimant/appellant in the appeal of Cuthbert v Taylor Woodrow [2022] EWHC 3036 (KB), led by Michael Rawlinson KC and Max Archer, to be heard in the Court of Appeal in December 2023.

Jessica is instructed for the claimants (led by Aliyah Akram) in a number of mesothelioma claims arising out of exposure to asbestos in South African mines.

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Insurance

Jessica has acted in trials involving indemnity issues under the Road Traffic Act 1988 and the MIB. She is part of 12KBW’s indemnity practice group.

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Product Liability

Jessica drafted the Particulars of Claim for a horse-riding accident in which a defective riding helmet caused the claimant to suffer a fractured jaw, perforated eardrum and traumatic brain injury.

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Property

Recent successes for Jessica at trial include:

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

She is instructed for the defendant in a trial on diminution in value to a residential property caused by the installation of telecoms equipment. She has drafted a number of property damage defences.

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Qualifications & Awards

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

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Appointments & Memberships

Attorney General’s Junior Junior Panel

PIBA
ELBA
ELA
ILS

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Publications

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’)

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