Chris Daw QC and Elliot Gold acted successfully for Gwent Police in a long-running misconduct hearing against ex-PC Joslyn. The case, for which the investigation lasted four years, involved allegations of physical and psychological abuse of women over a period of years.

Elliot Gold acted alone in successfully resisting an appeal to the Independent Office for Police Conduct against the decision to refer the matter to a misconduct hearing, an attempt to bring judicial review proceedings against the appointment of the police misconduct hearing chair and then an abuse of process application.

Chris Daw QC and Elliot Gold then acted successfully for the police force in the full police misconduct hearing and subsequent ex-officer proceedings, after ex-PC Joslyn resigned. The panel found that the ex-officer had behaved in a manner amounting to gross misconduct and that it would have dismissed him had he not resigned.

The case was reported in the local press here and on the BBC website here:

Claire Watson is instructed by Susan Trigg of Bevan Brittan Solicitors in a judicial review claim against the Royal Free London NHS Foundation Trust arising from the Trust’s decision that she is not ordinarily resident in the UK and is therefore liable to pay for NHS treatment pursuant to the National Health Service (Overseas Visitors) Regulations 2015.  At a hearing before Lang J on 28 March 2018, the Claimant’s application for interim relief was refused on the basis that there was strong evidence that she was an ‘overseas visitor’ who had come to the UK for free cancer treatment.

For further details, please click here.

Emma Sutton was instructed by the Official Solicitor on behalf of RW in the case of Hounslow Clinical Commissioning Group v RW & Ors [2019] EWCOP12 which was heard by the Vice President of the Court of Protection, Mr Justice Hayden, on 29 March 2019. The application related to RW’s palliative care plan and such issues had been considered at an earlier hearing by Mrs Justice Parker and the Court of Appeal where Simon Cridland represented RW. It was determined (and upheld) in those proceedings that it was not in RW’s best interests to continue to receive CANH via a naso-gastric tube, but that he should receive end of life care at home.

The current application was made by the CCG due to concerns regarding the management of RW’s condition at home. This included the very unusual circumstance of RW’s necrotic leg (which self-detached), and the fact that RW had survived 10 months following the original decision. In relation to RW’s leg, Mr Justice Hayden emphasised that this was ‘disturbing and shocking evidence’ and stated that he had ‘never heard of a situation like this’. PT told the court that he had wrapped RW’s leg in cling film and put it in the freezer.

The court ultimately determined that although RW would have wished to die at home, that his son, PT, would continue to give him food and water which presented a real risk of asphyxiation and that RW required pain relief which was not accepted by PT. The court endorsed the CCG’s plan, as supported by the Official Solicitor, for RW to die peacefully either in hospital or a hospice.

Please see here for the Judgment and here for media coverage

Debra Powell QC and Rhys Hadden were involved in an urgent medical treatment case before the Court of Protection. King’s College Hospital were seeking a declaration that it would be lawful and in the best interests of a patient, FG, to undertake an operation under general anaesthetic to repair his severely fractured and disclocated right shoulder. FG, who was also detained under the Mental Health Act 1983, repeatedly refused to acknowledge or accept the need for any form of treatment. In light of this, the Hospital also sought authorisation to covertly sedate him, if necessary, to transport him to hospital.

Debra Powell QC was instructed by the Official Solicitor on behalf of FG. Rhys Hadden was instructed by Andrew Popkiss at King’s College Hospital, Clementine Robertshaw and Julia Jones at Bevan Brittan.

Chris Daw QC, instructed by Shaun Draycott of Draycott Browne, achieved the successful resolution of a major financial services and money laundering prosecution, brought by the National Illegal Money Lending Team.

The court accepted Mr Daw’s argument that his client, Craig LaPenna, offered a vital lifeline to many small businesses, denied funding by banks and other mainstream lenders.

Mr LaPenna was described by one borrower as a “godsend” and the case raised important questions about the approach to business lending by financial institutions.

As a result of the settlement, negotiated on Mr LaPenna’s behalf, he received a suspended sentence and his wife was conditionally discharged.

Chris Daw QC has significant expertise in major financial and regulatory cases and can be consulted for advice on regulatory processes and pre-charge investigations, as well as defending serious criminal proceedings.

Please click here for coverage.

Congratulations to Michael Mylonas QC who won Legal Personality of the Year at the LexisNexis Awards for his work in a run of crucial cases, including securing a ground-breaking decision where the Court of Protection permitted the emergency extraction of sperm for fertility treatment from a man who had suffered a catastrophic brain injury, through an innovative application of the Mental Capacity Act to allow the consent form to be signed on his behalf, and a case in which the Court of Protection approved gifts of more than £7m from the estate of an incapacitated testator. It is thought to be the largest gift ever approved by the CoP in such circumstances.

Michael was one of a stellar shortlist for the award: many thanks to everyone who participated.

Amy Street has been appointed Assistant Coroner for Bedfordshire and Luton. This brings the total number of Assistant Coroners in chambers to four, alongside Bridget Dolan QC, Michael Walsh and Briony Ballard.

This is a part-time role and Amy’s practice in chambers will continue as usual.

Sean Rigg died on 21st August 2008 shortly after being arrested and detained by four Metropolitan Police officers in Brixton.

An inquest was held into Mr Rigg’s death in 2012 at which Debra Powell QC and Claire Watson represented two of the Interested Persons.

Following two IOPC investigations, an independent review, litigation in the Administrative Court and the acquittal of one of the officers at a perjury trial, the matter came before a misconduct panel at the Metropolitan Police Service. Gerry and James presented the case against the officers on behalf of the Metropolitan Police Commissioner.

In a hearing that lasted six weeks, Gerry and James defeated a substantial abuse of process argument based on the 10 1/2 year delay since the incident. The panel delivered its finding on 1st March 2019 and dismissed the allegations against each of the officers.

For press coverage please click here: The BBC & The Guardian