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Chris Daw QC and Elliot Gold act in misconduct hearing which finds PC Clarke Joslyn ‘continuously abusive’ to women

15th April 2019

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:


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Claire Watson successfully defends interim relief application against NHS Trust following its decision to charge for treatment

3rd April 2019

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.


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The limits of a wish to die at home”: Emma Sutton acts in a further application following Simon Cridland’s appearance in the Court of Appeal in Hounslow Clinical Commissioning Group v RW & Ors [2019]

3rd April 2019

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


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Debra Powell QC and Rhys Hadden involved in urgent medical treatment case before the Court of Protection

20th March 2019

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.


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Chris Daw QC secures freedom for financier in a major prosecution by the National Illegal Money Lending Team

18th March 2019

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.


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Thanks to all those who voted: Michael Mylonas QC, Legal Personality of the Year.

15th March 2019

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.


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Gerry Boyle QC and James Berry appear in misconduct proceedings arising from the death of Sean Rigg

1st March 2019

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

 


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Awards

Angus Moon QC 1986 | 2006    Joint Head of Chambers
John Beggs QC 1989 | 2009    Joint Head of Chambers
Sir Robert Francis QC 1973 | 1992
James Watson QC 1979 | 2000
Adrian Hopkins QC 1984 | 2003
George Hugh-Jones QC 1983 | 2010
Michael Mylonas QC 1988 | 2012
Chris Daw QC 1993 | 2013
Tom Crowther QC 1993 | 2013
John de Bono QC 1995 | 2014
Dijen Basu QC 1994 | 2015
Nageena Khalique QC 1994 | 2015
Michael Horne QC 1992 | 2016
Katie Gollop QC 1993 | 2016
Simon Fox QC 1994 | 2016
Bridget Dolan QC 1997 | 2016
Gerard Boyle QC 1992 | 2017
Sarah Clarke QC 1994 | 2017
Debra Powell QC 1995 | 2017
Jon Holl-Allen QC 1990 | 2018
Jemma Lee 2010
Liam Duffy 2012
His Honour Brian Barker CBE QC 1969 | 1990    Associate Member
Natalie Cargill 2016    Associate Member
Huw Lloyd 1975    Door Tenant
Siobhan Goodrich 1980    Door Tenant
Susan Burden 1985    Door Tenant
Charles Foster 1988    Door Tenant
Malcolm Lim 1989    Door Tenant
Anthony Jackson 1995    Door Tenant
Benedict Wray 2009    Door Tenant