Overcoming perceptions: Louise Oakley

Educated at state school in the Midlands, from a working-class family and the second in her family to attend university, Louise Oakley is not what many may have once considered to be a typical Senior Treasury Counsel.

Her Midlands accent and down-to-earth manner (a ‘simple, but effective turn of phrase’, as she terms it) would have been alien to the marble halls of the Old Bailey a generation ago.

But, as those who work with her will attest, behind Louise’s humour and ever-present smile is a fiercely intelligent individual with a tireless work ethic who has overcome preconceptions to establish her successful career at the Bar.

‘My parents separated when I was eight,’ she tells me. ‘Dad stayed in the North and Mum returned to Wolverhampton with us, where she and Dad had been brought up. I had a happy upbringing, with good family support around me.

‘I enjoyed school – an inner-city Church of England state school. For a while I told people I was going to become a hairdresser. My parents were not impressed. When I was 16, I started working at weekends and during holidays. I remember my first day at Saxon Shoes. Dressed as Super Mario, standing in the town centre handing out leaflets. The hourly rate was £1.16. I thought it was fantastic. I had other jobs, including stuffing and dressing Forever Friends teddies, punching out metal washers, and issuing giros to people. I worked at Woolworths from 16 to 21. Mum and Nan had worked there in their time. Working hard was instilled in me from an early age.

‘Just before my GCSEs we had to do two weeks’ work experience. I went to a local solicitors’ office – Smith, Dawson [of Wolverhampton]. Sitting in court, I knew I wanted to work in the legal profession. However, our school’s career advice was not geared towards attending university. Working in the legal profession clearly meant getting a degree, and only Dad had been to university.’

Louise went to university in Manchester. In the holidays there were law placements and, as soon as she was able, she volunteered at the Free Representation Unit.

Her CPE followed at Bristol. ‘By then I realised I quite liked talking. I met an inspiring barrister in Wolverhampton – Gurdeep Singh Garcha KC, for whom I have only praise and gratitude. I undertook mini pupillages with him and worked in Chambers answering the telephone during my holidays.’

‘I spent a week marshalling with HH Chapman at Wolverhampton Crown Court. This was the first time I experienced sitting with judges at lunch time in the court’s dining room. It was daunting. Despite this feeling of trepidation, HH Chapman was lovely, made me realise that judges were human too, and my nerves quickly settled. One of the cases that week was moved to another court centre. The judge’s car was being serviced and without thinking I offered to drive him to court every day. An offer he accepted! We spent the rest of the week commuting together.

‘I stayed in Bristol to complete my Bar Vocational Course [BVC], I joined Middle Temple, ate my “dinners” and undertook several mini pupillages. I knew I wanted to come to London for pupillage, but it was difficult to develop relationships in the short times I would come to the city. At the time I didn’t appreciate that you could ask members of the Bar to give you more of their time and advice.

‘When I sat down to apply for pupillage, I was very strategic: I applied only for unfunded ones. I thought that this would give me a better chance. I didn’t think I was good enough. During the year of my BVC, I was lucky to secure a first six pupillage. Shortly after my call, I came to London and started a common law pupillage in September 2001. The set did not prosecute, and I had no exposure to Treasury Counsel’s Room at the Central Criminal Court.

‘Two weeks before the end of my first six, my dad died during a diving accident on holiday. I knew how proud he was and had always been very supportive during my training. I resolved to finish the job for him and make something of myself.

‘I did not feel I had the background that would have allowed me to apply for pupillages and tenancies that would have given me the exposure to the work that I am now privileged to do. Barristers “from the provinces”, or those who have attended state schools but not gone on to attend certain universities, do not, to this date, feel worthy of making these applications. I will always go out of my way to address this perception with mini-pupils, pupils and junior tenants. Hard work and commitment can open doors. I believe that I am proof of that.’

‘Having completed a second six and secured tenancy, my practice was exclusively criminal defence. I appeared in the Magistrates’ Court six days a week and even night court at Bow Street. I remember people coming out of the nearby opera house to watch. Court finished just after midnight. Do you know, I never got paid for that!’

She became a busy criminal junior throughout South East England and particularly Maidstone Crown Court. Friends nicknamed her ‘the Queen of Maidstone’.

‘In 2006 I was instructed as a junior in a murder case with William Clegg QC (‘Bill’). I truly believe he changed my life. We spent several weeks together, driving to Maidstone Crown Court, talking in the car. I saw life at the top end of the criminal Bar. When the case finished Bill asked me to join his chambers, 2 Bedford Row. Once there I predominately worked for three defence solicitors in Kent. I put my head down and made myself indispensable. I never wanted to be dependent on my clerks for a brief. Whatever I did in the Magistrates’ Court I kept if it was sent to the Crown Court. This included my first ever instruction in a murder sent to the Central Criminal Court. The defendant was insistent I represent him. This was my first encounter with Treasury Counsel. Bobbie Cheema (now Mrs Justice Cheema Grub) had just been appointed as Junior Treasury Counsel and was instructed for the prosecution. My imposter syndrome was in overdrive. She was inspiring.’

Louise became Junior of the Kent Bar Mess – ‘… a really supportive mess. I felt accepted.’ A highlight was being asked to give a valedictory for HH Andrew Patience. ‘My speech followed Sir Alan Moses. I remember thinking how on earth am I going to follow him… taking inspiration from Barry Manilow, I recited an ode I wrote, titled “Oh Andy”. I remember being so nervous, I couldn’t eat or drink beforehand.

‘In 2013, with the government cuts to legal aid, I feared that my Kent firms were not big enough to keep their contracts when they came up for renewal, so I started to prosecute.

‘I was fortunate to be led by Richard Whittam KC, then Senior Treasury Counsel. It was before the then Common Serjeant (Nicholas Hilliard KC). I had never been in Treasury Counsel’s room. I was petrified when I first went in to meet him. He opened my eyes to the work of Treasury Counsel. I thank him. If it were not for him, I wouldn’t be doing what I am now. He saw something in me. He trusted me. I’ve been his junior in a number of cases over the years, including four CCRC [Criminal Cases Review Commission] references; Kevin Lane (murder of Robert Maghill), Alan Charlton and Idris Ali (‘body in the carpet’ murder of Karen Price), the posthumous appeal of the Graham Park (‘Lady in the Lake’ killer) and Peter Tredget (British serial killer/arsonist). Richard encouraged me to apply to be a Treasury Counsel monitoree. I didn’t even know what a monitoree was. I attended an information session at the Central Criminal Court.’

In 2015, Louise was appointed as a Treasury Counsel monitoree. ‘I was the only female, although I have never felt that I have not achieved because I’m a woman.’

‘During two and a half years of being “monitored”, I regularly appeared as junior counsel in homicide trials and made applications to review “unduly lenient” sentences. I was also instructed as counsel to retired High Court judge Sir Richard Henriques during his independent reviews of the CPS decisions not to prosecute certain cases and the Metropolitan Police Service’s handling of non-recent sexual offences against several prominent public figures. I am proud to say that Sir Richard is now a friend.’

Louise was not appointed as Junior Treasury Counsel. ‘I was prosecuting in Court 1 at the Central Criminal Court before Her Honour Judge Sarah Munro KC. In the middle of my cross-examination of the first defendant I received an email from the Attorney General’s Office. I had been unsuccessful. When court adjourned for the day, I sat alone and thought, “I failed. I wasn’t good enough.” There was no second chance and no feedback. I felt ashamed and embarrassed, and I couldn’t face my colleagues in the Bar Mess. For a number of weeks I hid away in the women’s robing room or the Bar library.’

With hard work, she maintained her prosecution practice and is grateful for the confidence shown in her by the London Homicide Unit of the CPS. ‘I was determined to regroup. I was pretty much only prosecuting homicide cases. I loved the work and had the opportunity of being led by a number of leading King’s Counsel, including Simon Mayo KC (now His Honour Judge Mayo KC), Mark Haywood KC, Jonathan Rees KC, Brian O’Neil KC, Tom Little KC, Oliver Glasgow KC and Anthony Orchard KC.’

She joined 5KBW in 2020.

In early 2024 Louise applied to be Senior Treasury Counsel. The application was submitted with real trepidation after she was not appointed as Junior Treasury Counsel. She knew that her application was being made in circumstances where history would suggest her chances of success were slim. She was successful. ‘I burst out crying when I heard. I couldn’t believe it.’

Louise is one of six Seniors. Only the fourth person (and first woman) ever appointed as Senior Treasury Counsel having not been appointed as Junior Treasury Counsel.

‘At this level you get a pass for the building so that you can gain access to the Old Bailey through the rear entrance.’ It took her two weeks to build up the confidence to use it.

Louise still loves every aspect of life at the criminal Bar. ‘I will never get over my mum calling and saying she saw my case on the news.’

Is there a further message to those starting out? ‘A barrister once told me: “You won’t succeed – you’ve got the wrong accent and bleached blond hair.” Well, I’ve still got both, although the accent would now be regarded as at the posh end for Wolverhampton, and I have gone further than I ever could have imagined when I started at the Bar over 20 years ago!

‘If someone is thinking they can’t make it, I want to show them how they can succeed. I’ve been shown the way by people who have gone out of their way to help me, and I will do the same for others.

‘Having been in the room for just over nine months I can see how seriously diversity and inclusion is being taken by the AGO and CPS as evidenced by the Pathway Scheme for Monitorees and potential plans for a pre-application scheme for lateral applicants as Senior Treasury Counsel.’