Region Area

Barristers

Abigail Cohen

Abigail Cohen

Work Department

General civil and common law practice.

Position

Health and safety & Inquests: advocacy and advisory experience in health and safety prosecutions in the Magistrates and Crown Courts primarily for Defendant companies facing prosecution under the Health and Safety at Work etc Act 1974 and related health and safety regulations, and in civil litigation for personal injury arising out of workplace accidents. Regularly instructed to appear at Coroner’s Inquests on behalf of Interested Parties including Article 2 Inquests. Representative cases include the Buncefield criminal prosecution (junior to Roger Henderson QC and Prashant Popat QC) which led to a 3 month jury trial at St Albans Crown Court; Defended company prosecuted under the Regulatory Reform (Fire Safety) Order 2005 (led by Prashant Popat QC). The prosecution was dismissed at a pre-trial review following legal argument as to the correct interpretation of the RRO; Inquests on behalf of Ministry of Justice re prison suicides.    
Product Liability & Commercial disputes including Group Actions:  Regularly instructed to advise in claims under the CPA 1987 and/or in negligence in relation to various products. For example, instructed by leading pharmaceutical company in relation to cases concerning medicinal products. Other recent representative cases include acting for food manufacturer re EU regulatory regimes governing food additives and enzymes, acting for manufacturers re claims for property damage arising from flooding due to defective tap valves, acting for manufacturer of equipment used by disabled persons for access to pools.
Instructed in commercial disputes including supply chain disputes re conformance to specification of products supplied under contract; third party claims between contractors and sub contractors.
In Group Actions regularly instructed for example in a group action (led by Charles Gibson QC) arising out of two oil spills in the Niger Delta brought in the English courts by several thousand Nigerian nationals.    Instructed by MOD in over 100 claims brought in respect of hearing loss and re adequateness of hearing protection/PPE provided.    Instructed by MOJ in over 1,000 claims brought for historic child sex abuse in detention centre in 1970/1980s.
Further experience in Employment law; for example recently acted in 5 day disability discrimination trial for employer and regularly instructed to appear in Tribunal.
Junior Counsel to the Crown (C Panel).

Career

Called 2005, Lincoln’s Inn; solicitor’s agent Legal Practice Clerks 2005-06; pupillage Henderson Chambers 2006-2007. Contributor to Tolleys Health and Safety at Work and Miller and Butterworth’s Product Liability and Safety Encyclopaedia.

Languages

Hebrew (basic/intermediate)

Memberships

Health and Safety Lawyers’ Association; Commercial Bar Association; Employment Lawyers’ Association (ELA); Employment Law Bar Association (ELBA)

Education

University of Birmingham (2004 Law LLB First Class Hons); Nottingham Law School (2005 BVC).

Leisure

Sport, theatre, travel.

Mentions