Jane Foulser McFarlane > Chambers of David Berkley KC > London, England > Barrister Profile

Jane Foulser McFarlane

Work Department

Personal Injury

Position

Jane Foulser McFarlane is a door tenant at 3PB.  She is a specialist personal injury barrister who advises both claimants and defendants in a broad range of issues including catastrophic injury, employer’s liability, occupiers and public liability, motorcycle accidents and highway claims.

Publications of note:  

• Mediation in Intellectual Property Law Disputes – Is Low Cost Dispute Resolution the Way Forward, Following the Findings of The Hargreaves Report –12/8/11
• Bottom of The Class: What are the implications for Google’s online library? 07/05/10
• For Richer or Poorer – To what extent are intellectual property rights matrimonial assets? 11/09/09
• God & the Stormtroopers – Assessing how far toys can be used for role play without breaching copyright 10/07/09
• Privacy’s death knell? Interim injunctions 10/08/07
• In the Witches Domain – Internet domain names 12/10/07
• Tarzan Yell Falls Flat – Sounds as Trademarks 07/12/07
• Piracy’s Death Sentence – Anti-counterfeiting Trade Agreement 05/09/2008.

PERSONAL INJURY

Jane advises and represents both claimant and defendant clients on a broad range of issues including:

• Catastrophic injury
• Asbestosis/ industrial disease
• Employer’s liability
• Occupiers and public liability
• Road traffic claims including motorcycle accidents
• Highway claims

Jane has represented a number of clients in personal injury actions arising out of hit and run incidents and is known for being an approachable and pragmatic advocate.

Reported cases 

• Aquilina v Aquilina [2004] EWCA 504
• David Lewin v Stephen Harvey [2010] Lawtel AM0201691 – Representing the Claimant, who was awarded £31,000 for the loss of taste and smell.

Career

Year of call 1994

Memberships

• Intellectual Property Bar Association
• International Association for the Protection of Intellectual Property (AIPPI UK)
• Personal Injury Bar Association (PIBA)

Education

• LLB (Hons); University of Wales, Cardiff (1991)
• LLM (International commercial and maritime law, with emphasis on international intellectual property law) (1992)
• Currently studying for a PhD in intellectual property law on a part time basis at Exeter University.