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Sarah Clarke QC, Hannah Hinton and Matt Chidley appointed to the Serious Fraud Office panel of counsel

4th January 2021

Chambers is delighted to announce that Sarah Clarke QC, Hannah Hinton and Matt Chidley have all been appointed to the Serious Fraud Office panel of counsel. Sarah Clarke QC has been re-admitted to the Queen’s Counsel panel for prosecution work, Hannah Hinton has been appointed to the B panel for both prosecution and POCA work, and Matt Chidley has been appointed to the B panel for prosecution work.


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Sarah Clarke QC acts for the FCA in ground breaking appeal: R v Abdel-Malek and Choucair

22nd December 2020

Sarah Clarke QC acts for the FCA in ground breaking appeal against conviction in R v Abdel-Malek and Choucair. This was a high profile insider dealing case involving a compliance director at UBS leaking inside information on forthcoming M&A deals to Choucair who then traded on the information making circa £1.4m in profits.  The defendants appealed on the basis of alleged disclosure failings, however the CACD disagreed holding that there was no irregularity or unfairness in the prosecution’s approach to disclosure during and after the trial.  This was an unusual case in which the CACD heard a PII application prior to the substantive appeal hearing and the case also concerned post trial disclosure of information that came into the FCA’s possession after the trial, and applications by both prosecution and defence to admit further evidence. Sarah Clarke QC is the author of the leading text book on insider dealing – Insider Dealing Law and Practice 2nd edn OUP 2020.

For further information click here:

https://www.ft.com/content/942f3e3f-d0cc-4962-b885-728d1a0be227

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Crim/2020/1730.html&query=(title:(+R+))+AND+(title:(+v+))+AND+(title:(+Abdel-Malek+))


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James Berry appears in IICSA’s final investigation

7th December 2020

The Independent Inquiry into Child Sex Abuse is today commencing the hearing in the last of its 15 investigations.

The ‘Effective Leadership in Child Protection’ investigation will build on the Inquiry’s findings on leadership in its interim and other investigation reports. The Chair Professor Alexis Jay and Panel will focus on practical experiences of leadership and management and examine how effective leadership can better protect children from sexual abuse.

https://www.iicsa.org.uk/investigation/effective-leadership-child-protection 

James Berry is appearing for the National Police Chiefs’ Council and the College of Policing. James has appeared in four other IICSA investigations.

Gerry Boyle QCDebra Powell QCDavid LawsonBriony Ballard, Elliot GoldEdward Pleeth and Aaron Rathmell have also been involved in other investigations conducted by IICSA.


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John Beggs QC and Matthew Holdcroft represented the Kent Police in a police shooting inquest where the jury determined there had been a lawful killing

3rd December 2020

William Smith was wanted on suspicion of the murder of businessman Roy Blackman and other serious violent offences. He had been released on bail and had cut off his security tag. He had been on the run from police for almost 14 days and was believed to be in possession of at least three firearms (including a handgun) and hundreds of shotgun cartridges.

On 1 May 2016, as the result of an intelligence lead operation, police located him in an orchard in Goudhurst, near Tunbridge Wells.

William Smith ran and hid from the police in a shed. The officers identified themselves but he refused to make himself known. The door to the shed was opened and the lead officer saw a shotgun. The police retreated but William Smith pointed the shotgun at the police officers. Both officers fired and he was shot three times to the head and chest.

The jury concluded that, “armed police officers honestly believed that William Smith pointed a firearm at them. They believed that they needed to use force against him to defend themselves. It was reasonable and proportionate, due to the fact that he pointed a firearm at them, to use lethal force to shoot him.” The jury determined that it had been a lawful killing.


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Edward Pleeth represents NHS Trust in the inquest in to the death of Stephen Dymond

25th November 2020

Edward Pleeth was instructed by Southern Health NHS Foundation Trust in the inquest in to the death of Stephen Dymond, who passed away following his appearance on the Jeremy Kyle Show.

Edward was instructed by Will Pickles, Senior Associate at DAC Beechcroft LLP.

For press coverage, please click here.


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James Berry wins Professional Discipline Junior of the Year at the Chambers & Partners Bar Awards

23rd November 2020

We are delighted to announce that James Berry as been awarded Professional Discipline Junior of the Year at the Chambers & Partners UK Bar Awards.

Claire Watson was shortlisted for Clinical Negligence Junior of the Year and we were also shortlisted for Professional Discipline Set of the Year.

James has a broad range of expertise in disciplinary and regulatory practice. He regularly acts in cases and judicial reviews arising in the police, the fire service and the medical professions. This year he successfully prosecuted Inspector Anthony Lumb in respect of allegations that he had sex with a number of vulnerable women who were victims of crimes, in some cases while on duty. The inspector was dismissed without notice.

With many thanks to our clients who participated in the directory research process.


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Katie Gollop QC acts for the successful claimant in case with significant public health implications thought to be the first to deal with the standard of care to be expected of health visitors

23rd November 2020

In XM v Leicestershire Partnership NHS Trust, Katie Gollop QC represented the successful claimant, a baby who suffered permanent, catastrophic brain injuries at 6 months as a result of the defendant Trust’s negligence.

The claimant’s brain injuries were caused by intracranial pressure arising from undiagnosed hydrocephalus, which was in turn due to a benign tumour, present since birth, which over-produced cerebrospinal fluid. By the time the brain injuries occurred, the claimant’s head was so large that it was off the centile chart.

The defendant Trust was responsible for the health visitors charged with assessing the claimant’s weight and head circumference between 10-14 days and 6 months after he was born.

The case is significant because:

  • it appears to be the first clinical negligence case to deal with the role, responsibilities and standard of care to be expected of health visitors;
  • it also appears to be the first case to deal with head circumference growth assessments in the first weeks and months of life;
  • unusually, the defendant’s expert health visitor’s evidence was found to be illogical in Bolitho terms in more than one regard;
  • the findings on breach of duty are important from a public health perspective because they suggest that the basic principles of assessment of rate of growth of the a baby’s head may be misunderstood by some health visitors;
  • the judge’s observations about the importance of the 6-8 week GP examination, and the lack of any national system for identifying babies who have missed it, are also of general public importance.

See the judgment which was handed down today here.

 


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Is a Gillick-competent child’s refusal to consent to medical treatment determinative? Claire Watson appears for an NHS Trust

19th November 2020

X (A Child), is almost 16 years old and has been described by the Judge as “mature and wise beyond her years”. She suffers from severe sickle cell disease and has recently suffered from a sickle cell crisis for which her treating clinicians recommended a blood transfusion. X is a Jehovah’s Witness and refused to consent to the administration of a transfusion due to her religious beliefs. Following a life-threatening deterioration in her condition the court made an order authorising a single transfusion on an urgent basis on 29 October 2020. As X is at risk of further life-threatening crises necessitating further blood transfusions, the Trust seeks an anticipatory declaration for authorisation for further blood transfusions if clinically indicated on future admissions. X objects to the making of such an order and asserts that her decision to refuse life-saving treatment (blood transfusion) should be determinative as she has been assessed as being Gillick competent.

The issues before the Court are as follows:

a. Whether, following the Human Rights Act 1998 and other developments in the law, the refusal of life-saving medical treatment by a ‘Gillick competent’ child is determinative;

b. Whether it is lawful and appropriate for the High Court exercising its inherent jurisdiction to make a declaration that it is in X’s best interests to receive further blood transfusions in the event of any further serious deterioration in her medical condition, should this be clinically indicated during this or any subsequent admissions, until she reaches 18 years of age.

The hearing continues today. The earlier judgment on the urgent application in October is available here.

Claire Watson acts for the Trust and is instructed by Kiran Bhogal of Hill Dickinson.

See it in The Times here

 


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Undercover Policing Inquiry 

4th November 2020

On Monday 2 November 2020 the Undercover Policing Inquiry held its first public hearings. The Inquiry, chaired by Sir John Mitting, was set up in 2015 to get to the truth about undercover policing across England and Wales since 1968 and provide recommendations for the future.

Gerry Boyle QC, Stephen Morley and Cecily White are representing the National Police Chiefs’ Council

Amy Street and James Berry are representing the Metropolitan Police Service.

Information about the UCPI can be found here


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Collated advice and guidance from Serjeants’ Inn on issues arising from the coronavirus pandemic in our practice areas

9th June 2020

Webinars

Lawyers in lockdown: managing the challenges
Bridget Dolan QC and Rachel Spearing  discuss the challenges created by the pandemic. Despite Bridget’s PhD in psychology and her 13 years working with the NHS as a Psychologist before she came to the Bar and Rachel’s experience gained as the co-founder and first Chair of the Bar Wellbeing Initiative, they are clear that there are no simple solutions and that what works for one person may not be relevant to another.

 P in Lockdown: getting in to P and getting P out
Practical advice for assessments, advocacy and access.
This Court of Protection webinar, chaired by Jess Flanagan and Sophia Roper, will draw on the panel’s experience of difficult issues arising from lockdown.

Skype in the Court of Protection – the courts in the time of Coronavirus
Serjeants’ Inn barristers Sophia Roper and Nageena Khalique QC acted for two of the parties in the first case to be heard remotely in the Court of Protection. In a lunchtime seminar introduced by Michael Mylonas QC they share their experience and answer questions.

Coronavirus police powers and duties talks
Dijen Basu QC, David Lawson and Elliot Gold recorded video seminars on new and existing police powers, the Civil Contingencies Act 2004, police organisation and collaboration and the duty of care to officers, police staff and members of the public arising from the Coronavirus emergency.

Podcasts

13.05.20   How has the law adapted to coronavirus
LBC, Alexander dos Santos

04.05.20   The Coronavirus Legislation
Police Law On Demand, Elliot Gold & Deborah Britstone

24.04.20   Covid-19 Guidance and Police Misconduct Hearings
Police Law On Demand, Cecily White  & Deborah Britstone

Articles

02.06.20  One Kingdom but four nations emerging from lockdown at four different rates under four different laws
UK Police Law Blog, Dijen Basu QC

15.05.20  Reducing restrictions, increasing inconsistency? Impact of the Lockdown Amendment Regulations on the Police’s Enforcement Ability
UK Police Law Blog, Dijen Basu QC & Frances McClenaghan 

11.05.20  Trial by ordeal? Not necessarily
Counsel, Michael Mylonas QC, Nageena Khalique QC, Sophia Roper, George Thomas, Simon Cridland, Alexander dos Santos & Hannah Hinton

07.05.20  Dealing with the increased risks to BAME NHS staff treating Covid-19 patients
UK Healthcare Law Blog, Dijen Basu QC & Sebastian Naughton

28.04.20  Covid-19 Deaths and Possible Exposure in The Workplace: The Coroner’s Role
UK Inquest Law Blog, Clare Hennessy

24.04.20  Covid-19: Government guidance on emergency rationing of critical care is needed to support professional decision making
BMJ, referencing paper by George Thomas, Katie Gollop QC & Sophia Roper

23.04.20  NHS faces billions in coronavirus claims
The Times, quoting George Thomas

23.04.20  The lawfulness of the Coronavirus Restrictions Legislation imposing ‘Lockdown’
UK Police Law Blog, Dijen Basu QC

15.04.20  Remote Verification of Community Deaths During the Covid-19 Pandemic: Should family members be relied upon?
UK Inquest Law Blog, Katie Gollop QC

14.04.20 Families of patients who die due to lack of ventilators could sue hospitals, legal experts warn
The Telegraph, quoting Katie Gollop QC and referencing paper by George Thomas, Katie Gollop QC & Sophia Roper

06.04.20  COVID-19: Allocation and withdrawal of ventilation – the urgent need for a national policy
UK Medical Decision Law Blog, George Thomas, Katie Gollop QC & Sophia Roper

01.04.20  A life worth living: Continuation of clinically assisted nutrition and hydration in an incapacitous but sentient man
UK Medical Decision Law Blog, Nageena Khalique QC

31.03.20   Legislation and guidance – what is in force
UK Police Law Blog, Elliot Gold

31.03.20   The quickly mutating Coronavirus legislation – drafting anomalies and police powers
UK Police Law Blog, Dijen Basu QC

30.03.20  Corona Crisis: Standard of Care
UK Healthcare Law Blog, Eloise Power

30.03.20   Guidance to Appropriate Authorities: police misconduct hearings during the coronavirus restrictions
UK Police Law Blog, Aaron Rathmell & Cecily White

27.03.20   Coroners’ Courts open for urgent and essential business only
UK Inquest Law Blog, Briony Ballard

27.03.20   Joggergate: How frequently is it necessary to exercise in Wales?
UK Police Law Blog, George Thomas

26.03.20   Lockdown Regulations made: restrictions and police powers
UK Police Law Blog, Dijen Basu QC & Elliot Gold

25.03.20   What powers does “take such action as is necessary to enforce” give to police officers?
UK Police Law Blog, Dijen Basu QC, George Thomas & Elliot Gold

24.03.20   The Coronavirus Bill – police powers explained
UK Police Law Blog, Dijen Basu QC

24.03.20   Coronavirus Lockdown: Police Powers? What Police Powers?
UK Police Law Blog, George Thomas

23.03.20  Skype in the Court of Protection
UK Medical Decision Law Blog, Nageena Khalique QC & Sophia Roper

13.03.20  Prison conditions and Coronavirus
Serjeants’ Inn News Page, Hannah Hinton

05.03.20   CORONAVIRUS QUARANTINE
New Law Journal, David Lawson

12.02.20   The UK Coronavirus regulations – legal powers to control a public health crisis
UK Medical Decision Law Blog, David Lawson

11.02.20   The power to quarantine
UK Medical Decision Law Blog, David Lawson


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COVID-19 and the operation of Chambers: important information for our clients and contacts

17th March 2020

During the Covid-19 pandemic, we are taking various steps – to reduce risks to our clients, contacts, barristers and staff while ensuring the efficient operation of Chambers – as follows:

 

  • Since 20.03.20 all barristers and staff are working from home.
  • We will have full access to our system and emails will be dealt with as usual.   Calls to Chambers will be forwarded to the relevant mobiles, but if – wherever possible – you could email rather than telephone us, it would greatly help us in maintaining the swift and effective service we would always want to give you.
  • We understand that you may well want to have a conversation but if you email us first  – if possible with brief details of your enquiry – we will call you back promptly.  If you do not have the email address of the person you wish to communicate with, please use clerks@serjeantsinn.com.
  • We will be liaising as necessary to arrange for conferences to be conducted by either telephone or video.
  • We are also asking that material is provided digitally rather than in hard copy format.  If you have to provide papers in hard copy please email us and we will be in touch to discuss a solution.
  • Please bear in mind that due to mobile network issues, the phone may ring for a little longer than usual before it is answered, but we have a team of clerks ready to deal with your call.  If you have any difficulties at all in contacting us please do call Catherine Calder, our joint CEO, on 07515 868 616.  She will be happy to assist.

Members of Chambers have produced a number of blog posts and articles on issues arising from Coronavirus in our practice areas: these are available here.

In these unprecedented times our barristers are available as usual for remote access hearings, mediations, RTMs and meetings.   As a result of the many emergency medical treatment applications which we have conducted by telephone with out-of-hours judges over numerous years, we are well placed to advise as to whether any particular hearing or other process should be conducted remotely, bearing in mind the interests of the client as well as other relevant factors in each case.

Our team have significant expertise with remote working by Skype, Skype for Business, Zoom, MS Teams, and Blue Jeans, and we would also be happy to discuss the practicalities and set up.

If you have any questions or concerns please do let us know by emailing our Joint Chief Executives, Martin Dyke and Catherine Calder, at ChiefExecutives@serjeantsinn.com

Full contact details are available on our website here.

We look forward to continuing our effective working relationship with you during the pandemic and wish you well in these testing times.


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Chambers blogs

Social Responsibility

 

Serjeants’ Inn is committed to pro bono work and provides financial and practical support to Friends in Law and First 100 Years: read more

Specialisms

 

Serjeants’ Inn specialises in important, high profile medical, police, regulatory, criminal and public law cases, often involving political, ethical or social issues: read more

24 Hour Assistance

 

Serjeants’ Inn frequently deals with urgent applications including injunctions and declarations and provides a 24 hour service for matters requiring immediate assistance: read more

Awards

Angus Moon QC 1986 | 2006    Joint Head of Chambers
Michael Horne QC 1992 | 2016    Joint Head of Chambers
James Watson QC 1979 | 2000
Adrian Hopkins QC 1984 | 2003
John Beggs QC 1989 | 2009
Michael Mylonas QC 1988 | 2012
Tom Crowther QC 1993 | 2013
John de Bono QC 1995 | 2014
Dijen Basu QC 1994 | 2015
Nageena Khalique QC 1994 | 2015
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
Mark Harries QC 1995 | 2019
Ian Skelt QC 1994 | 2020
Jemma Lee 2010
Liam Duffy 2012
His Honour Brian Barker CBE QC 1969 | 1990    Associate Member
Natalie Cargill 2016    Associate Member
Sir Robert Francis QC 1973 | 1992    Associate Member
Susan Burden 1985    Door Tenant
Jonathan Davies 2003    Door Tenant
Benedict Wray 2009    Door Tenant