With many thanks to our clients who participated in the directory research process, we are delighted to announce these 7 nominations for the Chambers UK Bar awards.

Individual nominations

• Christopher Johnston QC
  Clinical Negligence Silk of the Year
• Gerry Boyle QC
  Professional Discipline Silk of the Year
• David Morris
  Professional Discipline Junior of the Year
• Elliot Gold
  Leader of the Future, Diversity & Inclusion

Set nominations

• Clinical Negligence Set of Year
• Outstanding Contribution to Diversity & Inclusion Set of the Year
• Professional Discipline Set of the Year

In association with 3D Solicitors, we are delighted to launch PLOD, a podcast series of conversations between solicitors and barristers about police law. For police officers and anyone with an interest in policing and law enforcement. Episode details can be found below, please subscribe.

PLOD – Police Law On Demand

Ep. 1 – Failures in criminal investigations- Police Liability
When is an operational failing “obvious and significant”? How can investigators avoid such pitfalls? Solicitor Deborah Britstone and barrister Aaron Rathmell examine how this judgment affects the police.

itunes – https://apple.co/2kcQuO7

Ep. 2 – Necessity for Arrest
Every police officer knows that they must have reasonable suspicion that a person has committed an offence in order to arrest them, but this is only one consideration. There must also be a reasonable belief in the necessity for arrest. Recent Court decisions have looked specifically at the necessity requirement. Lawyers Deborah Britstone and Cecily White discuss what this means for police officers.

itunes – https://apple.co/2kcQuO7

Ep. 3 – Pre-Charge Bail

Pre-Charge bail is an effective tool in the investigation of crime and to protect the public. ​​Lawyers Daniel Berke and Elliot Gold discuss updated operational guidance from the National Police Chiefs’ Council and how the rules are affecting policing.

itunes – https://apple.co/2kcQuO7

The perplexing issue of whether a judge can make an anticipatory declaration in the CoP has come under scrutiny in this recent case.  The matter concerns a pregnant woman who is currently a detained psychiatric patient and believed to have capacity to make decisions about childbirth. However her fragile mental state means there is a real risk she will lose capacity during childbirth and her physical condition means she may well need to deliver by Caesarean.   Hayden J hearing the case as an emergency application questioned the jurisdiction under the MCA over someone who currently has capacity and so, although the judge acceded to the Trusts’ application, he made declarations in the High Court’s inherent jurisdiction in the alternative. The legal argument on the jurisdictional issue is now to be heard in the new term.

For press coverage, please click here.

Bridget Dolan QC and Sophia Roper of Serjeants’ Inn are instructed for the NHS Trusts.

Shana Grice was murdered in 2016 by Michael Lane. In the months before she was killed, Shana reported concerns about Lane to the police on five occasions. Her second report was dealt with by PC Godfrey.

At a police misconduct hearing which concluded on 30 July 2019, the misconduct panel found that PC Godfrey had failed diligently to investigate Shana’s complaint of harassment, failed to perform a risk assessment and treated Shana unfairly and that his conduct amounted to misconduct.

James Berry presented the case on behalf of the Chief Constable of Sussex Police, instructed by Weightmans.

Matthew Holdcroft appeared on behalf of the Independent Office for Police Conduct, who conducted the investigation.

The case attracted significant media coverage. Please click here and here.

Sarah Clarke QC contributes to ground breaking Code for Private Prosecutors, launched on 18 July by the Private Prosecutors’ Association.  The aim of the Code is to provide  a benchmark for best practice in the conduct of private prosecutions. Sarah drafted the costs section of the Code and was a member of the PPA’s Steering Committee.

Click here for a copy of the Code.

James Berry has been appointed to the Attorney General’s B Panel (London) following an open competition.

The appointment takes effect on 2 September 2019 and will see James instructed on behalf of government departments and agencies alongside his existing public, civil and regulatory work for public and private sector clients.

James was previously a member of the C Panel, although he had to relinquish his appointment during his (short) spell as a Member of Parliament.

James joins Edward Pleeth on the B Panel.

Jon Holl-Allen QC and Amardeep Dhillon successfully argued in Braceurself v NHS England for the application of CPR r.6.15 to regularise the email service of an issued Claim Form, in circumstances where the solicitors instructed by NHS England had not been instructed to accept service by email. The underlying dispute concerns a (second) procurement challenge to the award of an Orthodontic Tender by NHS England. The case is notable for two reasons: it is the first time that the High Court has considered the application of 6.15 in the context of the procurement regulations; and helps to clarify the established case law on when the discretion under 6.15 arises.

Angus Moon QC and Eleanor Morrison successfully defend a clinical negligence claim for brain damage said to have been caused by the drug nifedipine (Adalat) given to a mother during pregnancy in order to inhibit labour.

Angus Moon QC and Eleanor Morrison successfully represented the Trust in the case of Luc Jones v Taunton and Somerset NHS Foundation Trust in which judgment was given on 10th June 2019. The claimant (who suffers from complex disabilities) argued that whilst he was in utero, in 1995, his mother had been treated for pre-term labour, despite not reaching the appropriate threshold for treatment. The claimant alleged that his mother was treated with an unlicensed and inappropriate drug (nifedipine), when she should instead have been treated with the standard and recommended drug at the time (ritodrine). Complicating the question was the modern position: since 1995 nifedipine has become the standard drug with which to treat pre-term labour. The judge found for the defendant, holding that the claimant’s mother was in pre-term labour and it was reasonable to treat her with nifedipine.

Please click here for final judgement.

Debra acted for the Defendant in FA v Guy’s and St Thomas’ NHS Foundation Trust, where the Claimant alleged that there had been a negligent failure to reverse her female genital mutilation prior to delivery of her baby, with the result that she suffered a third degree perineal tear and resulting incontinence, leaving her unable to work.  The Defendant contended that there had been no reason to perform the reversal procedure prior to the Claimant’s labour, and that the Claimant’s precipitous delivery had prevented the planned reversal from taking place.  The Claimant discontinued the claim mid-trial.

The Chief Coroner, His Honour Judge Mark Lucraft QC concluded the Inquests into the deaths of the eight individuals killed on London Bridge and in Borough Market on 3 June 2017.

On 3 June 2017 eight people were killed when three attackers drove a van into members of the public on London Bridge before continuing on foot inflicting stab injuries before being shot and killed by armed police officers. Sarah Simcock of Serjeants’ Inn Chambers represented the London Ambulance Service, who provided care and treatment to some of the deceased as well as the other victims of the attacks. The Chief Coroner conducted a wide-ranging inquiry into how the deceased came by their deaths as well as the overall response of the emergency services, including the LAS, to the attack.  The Chief Coroner recorded determinations of unlawful killings in relation to each deceased along with narrative conclusions that reflected that the injuries of those who died were unsurvivable.  The Chief Coroner will consider whether to make a report to prevent future deaths in relation to potential improvements which could be made to systems and procedures to ensure the emergency response to such complex incidents is as effective as possible in the future.  The Inquests commenced on 7 May 2019 at the Central Criminal Court and concluded on 28 June 2019. The inquest transcripts are publicly available here: https://londonbridgeinquests.independent.gov.uk/

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