9 St John Street
9 St John Street
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Barristers
9 St John Street
Criminal team. Alison Heyworth spent eight years as a lecturer in Paris before returning to her native Manchester to pursue a career at the Bar. Came to chambers as a pupil to Nicholas Clarke and having successfully completed a 12-months pupillage, practises in all areas of criminal law.
9 St John Street
Alistair Bower specialises in personal injury litigation having a broad experience of cases involving employers liability, industrial diseases, public liability and road traffic accidents. His practice includes a good balance of both claimant and defendant work. He regularly undertakes cases on behalf of local authorities in public liability and employers liability claims. In road traffic cases involving allegations of fraud he has experience of LVI cases, staged accidents and exaggerated claims. In industrial disease related claims he has experience of asbestos-related claims, exposure to fumes, deafness and RSI claims. Alistair’s practice is mainly civil litigation based. He receives instructions in contract matters. His practice is complimented by experience in coroners inquests, health and safety and trading standards matters.
9 St John Street
Amy practises exclusively in employment law in England and Scotland. She appears both in Tribunal and at appellate level. Amy has a particular interest in discrimination claims
9 St John Street
9 St John Street
9 St John Street
Barrister specialising in real property, including title, adverse possession, boundaries, easements, restrictive covenants, options, proprietary estoppel, tortious claims (for example, trespass and nuisance), mortgages, contaminated land, and compulsory purchase, partnerships and joint ventures including partnership and joint venture agreements, fiduciary obligations between partners or participants, partnership property, dissolution and winding up, trusts including express private trusts, charitable trusts, and implied, resulting and constructive trusts (for example, co-habitation disputes). Probate and succession, including construction of wills, contentious probate, intestate succession, administration of estates (for example, actions against personal representatives), and family provision, business tenancies, including construction of leases, rent and service charge disputes, breach of covenant, forfeiture, dilapidations and tenancy renewal, and commercial litigation.
9 St John Street
Dr Howard practices in clinical negligence, personal injury and employment law, as well as advises a wide range of regulatory bodies, including the General Medical Council. He practices as a medical doctor and has undertaken research in orthopaedic engineering, which has been internationally recognised. He is currently undertaking a part-time PhD at Liverpool University in Surgery. This additional knowledge gives him a truly unique ability to challenge and interrogate both medical and engineering evidence alike, a powerful resource for dealing with medical causation and clinical negligence. Dr Howard has gained an excellent reputation for his clinical negligence and personal injury work, both at a County Court and High Court level. His legal knowledge and approach is favoured by his solicitors, clients and the judiciary alike. Dr Howard prides himself on dealing with papers promptly and is keen to work as a member of the legal team during case preparation, encouraging calls from instructing solicitors when difficulties are encountered or when informal input is required.
9 St John Street
9 St John Street
Ben specialises in all aspects of personal injury law with a particularly emphasis on serious injury. He has built a varied and successful multi track practice and is regularly instructed in medium to high value claims worth in excess of £500,000 often involving complex and nuanced issues. Ben has significant experience as a trial lawyer and is robust and determined in Court. He is also requested for his skills as an adept negotiator and is utilised for Joint Settlement Meetings (’JSMs’) particularly those requiring meticulous attention to detail. His relaxed and reassuring manner allow Ben to quickly establish a good rapport with his clients who are reassured as to his ability to represent them from the outset. Ben's main practice areas are: Large loss personal injury claims, particularly involving amputation and spinal injury. Psychiatric Injury claims including PTSD and Somatoform conditions. Insurance fraud including, Employer’s Liability, Public Liability and Road Traffic, with an emphasis on acting for Defendants in this type of work. Claims involving chronic pain including Fibromyalgia, CRPS and CFS. Travel fraud. Claims involving injured military personnel, with a particular understanding of criminal injury claims and the Armed Forces Compensation Scheme. Court of protection. Large loss claims Ben is currently involved in a number of high value and complex cases involving psychiatric injury. Two of note include a claim for damages by a young lady for the onset of CFS/Fibromyalgia following a fracture to an upper limb sustained during a trampolining exercise. This claim involves significant causational issues including the consideration of the link between trauma and CFS/Fibromyalgia. The second case of note involves a claim for psychological injury following a Claimant having witnessed the death of her young son following a road traffic incident. In both of these matters Ben is instructed by the Defendant. Civil fraud Ben has considerable expertise in defending civil fraud claims, having been at the forefront of this area for over a decade. He is a formidable advocate, whose forensic analysis of a case ensures that his clients are placed in the best position to defend these difficult claims. His expertise particularly encompasses the spheres of Employer’s Liability and Public Liability fraud. He works with many of the major defence solicitors’ firms and has become well known for adopting a determined approach to claims where fraud is either alleged or suspected. Ben is often involved at the early stages of these cases to proof witnesses, draft robust defences and advise on the extent of an insurer’s exposure and prospects of successfully defending. He adopts a symbiotic relationship with his solicitors to ensure that ideas and tactics are shared to ensure that the case is considered as a whole and the right steps are taken to achieve the most advantageous result. He welcomes his instructing solicitors speaking to him about any case he may be working on for them but importantly on other cases where an issue arises that needs a 'second set of eyes'. He appreciates the technical aspects of these cases and the pressures experienced by both his instructing solicitors and insurer clients, especially in the current economic climate and with the significant changes occurring in relation to funding and other procedural rule amendments. He understands the importance of instructing counsel who understands this area of law inside out. Travel fraud/Holiday sickness claims Ben has the advantage of bringing over a decade of experience of litigating insurance fraud cases to this burgeoning area. He is keenly aware of the importance and impact that fraudulent gastroenteritis claims in particular are having on the industry and is experienced in advising on and litigating these claims. Court of protection Ben has acquired a significant understanding in this jurisdiction. Ben has a particular interest in disputes regarding the social welfare of incapacitated adults and children and medical treatment issues and urgent applications for life saving medical treatment.
9 St John Street
9 St John Street
Personal injury: specialist in fraudulent claims, high-value malingering cases, industrial disease and Fatal Accidents Act cases. Employment law: primarily acts for blue-chip employers and public authorities in substantial unfair dismissal and discrimination claims. Specialist DDA claims. Insurance law.
9 St John Street
Generally regarded as the leading junior in the North West in complex TUPE cases; retained by a variety of banks and financial institutions to advise and conduct hearings on their behalf on all aspects of the TUPE regulations; has conducted a variety of high-profile TUPE cases for these institutions and is also regularly instructed by both trades union and multinational companies to advise on TUPE issues, both at first instance and at appellate level. By reason of his contribution in these cases, he has been successful in shaping the law on the definition of what constitutes an ‘economic entity’; also instructed in heavy discrimination cases, by various trades unions, companies, universities, local authorities and NHS trusts. Guides to the legal profession refer to him as being ‘excellent’ in the conduct of these cases; also advises and conducts hearings on all other aspects of employment law, including restraint of trade.
9 St John Street
9 St John Street
Mr Garside was called to the Bar in 1971 and took Silk in 1993. As a junior his practice concentrated on criminal, common law and employment work combined with public law cases when instructed by local authorities. He was instructed in leading cases concerned with jury vetting (R v Mason), trade union rights (Messenger Newspaper Group v NGA) and the ‘poll tax’ (Evans v South Ribble Borough Council) when he advised on the legal aspects of the scheme used by Manchester City Council to collect money owed. He has conducted many heavy criminal cases up to and including murders without a leader. In addition he has also been instructed in trading standards cases for local authorities and acted for other public bodies in criminal cases. Since taking silk he has mainly been engaged in criminal work while retaining an active practice in the employment and common law fields. He has been instructed in major trials including gang related murders with a particular emphasis on mortgage frauds. He has defended in major drugs cases including Customs and Excise v Kassar and others at Newcastle Crown Court where he represented the lead defendant in what was at the time the largest importation case prosecuted by HM Customs and Excise. He has been involved in many other complicated and sensitive matters including the defence of a solicitor for commercial drug dealing. Also practises at 9 Bedford Row (Chambers of Anthony Berry QC).
9 St John Street
Christina Chinnock was called to the Bar as a Mature student and has developed a busy practice in the area of Family Law with experience at all levels up to and including The Court of Appeal. Her practice includes all areas of Child Law both in Public and Private Law proceedings as well as Adoption and Child Abduction cases. Miss Chinnock also deals with financial matters including ancillary relief and all applications under the Family Law Act enforcement proceedings. Christina is qualified and accredited by The Bar Council to take instructions from members of the public. PUBLIC LAW Her cases have included instructions on behalf of parents, Local Authorities and Guardians. She has represented the Official Solicitor. Miss Chinnock has extensive experience in a wide variety of cases. She is regularly instructed on cases involving allegations of sexual, physical and emotional abuse and particularly cases that involve non-accidental injuries. Her down to earth approach when working with vulnerable clients is a notable strength. PRIVATE LAW Miss Chinnock is familiar with the full range of Child Arrangement orders. She has represented both parents and children , pursuant to rule 16.4 applications. FINANCIAL AND ANCILLARY RELIEF Christina has extensive experience of dealing with a broad range of cases involving assets of varying value. NOTABLE CASES Re MW (Case management) [2010] 1 FLR 1093
9 St John Street
Head of family group. Practises exclusively at the family bar in ancillary relief and public child care work; practises mostly on the northern circuit in the high court and the county court. Ancillary Relief: extensive experience in this area of law; instructed by solicitors throughout the circuit and beyond. Public Law: extensive experience of all aspects of child care work including adoption; acts for parents, guardians, local authorities and others; often instructed in cases of alleged physical and sexual abuse.
9 St John Street
9 St John Street
Hall of fame9 St John Street
Chris has very wide experience of personal injury litigation including all types of employer’s liability, public liability, serious road traffic accident and industrial disease cases. He is used to dealing with the type of issues relating to quantum generating by someone suffering catastrophic injury. He has considerable experience in multi-party actions for both claimants and defendants. Chris has particular expertise in cases involving psychogenic pain and in the conduct of defence work in potentially fraudulent claims. He receives instructions from a number of insurers in these sensitive fields. He successfully represented two major insurers in the first contested action to recover damages from those behind a fraud ‘ring’. Chris’ clinical negligence practice includes litigating a wide variety of issues including the management of psychiatric and other vulnerable patients, birth-related defects, administration of drugs and informed consent. He is skilled at providing guidance on expert evidence in such cases.
9 St John Street
Criminal team. Darren Preston practises exclusively in criminal law, representing both the defence and prosecution in all areas; dealt with cases of considerable complexity and seriousness such as: sexual offences including rape and indecent assault; serious violent offences, including armed robbery and attempted murder; large-scale drug trafficking and importations; offences against the revenue such as significant cigarette and alcohol importations money laundering. Work involved him working with leading counsel and he has appeared before the Court of Appeal on a number of occasions in appeals and references by the attorney-general. Darren Preston has experience and success in arguments involving public interest immunity, abuse of process and fitness to plead and is well-versed in issues arising under the Human Rights Act 1998. He has on many occasions been involved in trials using video-link evidence and the evidence of children, in both prosecution and defence cases. A particular area of expertise and interest involves drugs importations and other Customs & Excise matters. He is willing to conduct conferences at times and locations to suit instructing solicitors and is committed to maintaining the high standards of the 9 St John Street criminal team.
9 St John Street
Commercial and property group. Commercial and Chancery specialist with emphasis on litigation. In particular: mortgages and guarantees; land disputes, including easements, conveyancing, co-ownership, nuisance and highways; landlord and tenant: both business and residential including forfeiture and renewal of business tenancies; commercial, including insolvency, partnership, construction disputes, sale of goods, franchises and commercial agents; trusts, wills and estates, including Inheritance Act proceedings, construction of wills, administration of estates and post-death variations; professional negligence, including claims against solicitors (particularly in connection with land transactions), surveyors and accountants. Notable cases include: Peckham v Ellison [1999] 77 P&CR 27, CA (implied reservation of easements); Re Grattan [2001] WTLR 1305 (rectification of wills); HM Customs & Excise v Akbar [2002] BPIR 62 (enforcement of VAT assessment); Bristol & West v Bartlett [2003] 1 WLR 284, CA (limitation for mortgage arrears); Scottish Equitable v Thompson [2003] HLR 690, CA (limitation for mortgage arrears); Cheltenham & Gloucester v Appleyard The Times 29th March 2004, CA (mortgagee’s remedy of subrogation).
9 St John Street
9 St John Street
Specialises in public child law, private child law and Family Act 1996 proceedings. Experience has mainly been gained representing parents and family members in both public and private child law proceedings. Practice involves appearing in the Family Proceedings Court, County Court and the High Court. In public child law matters Miss Thomas is usually instructed to represent parents or family members in child care and adoption proceedings. In private law matters Miss Thomas is familiar with the full range of s8, Children Act 1989 applications including Specific Issue and Prohibited Steps applications dealing with such matters as change of name and removal from the jurisdiction. Family Law Act 1996 proceedings also fall within Miss Thomas’ field of practice and she is experienced in dealing with non-molestation applications, committal proceedings and occupation orders.
9 St John Street
Employment, commercial litigation, fraud (civil), restitution, canon law (Roman Catholic).
9 St John Street
9 St John Street
9 St John Street
9 St John Street
Commercial and property group. Chancery work: especially real property, mortgages, trusts, company, insolvency and partnership litigation; commercial disputes: contract, transport and travel law, banking and product liability; professional negligence and sports law; environmental law; public law (including misfeasance in public office); arbitrations in commercial and real property matters. Geraint Jones has pursued a substantial Chancery, commercial and professional negligence practice over many years and has specialised in these fields for some 15 years or more. Reported decisions: Wales Tourist Board v Roberts (The Times 10 January 1987); Harris v Welsh Development Agency [1999] 3 EGLR 207; Ford v GKR Construction [2000] 1WLR 1097; Havenledge v Graeme John & Ptnrs [2001] PNLR; White v Chubb [2002] 1 P&CR Digest 22; and most recently UCB V Williams [2002] 2 P&CR Digest 33 (C/A: BCCI v Aboody not followed on causation in actual undue influence cases); Alpha Lettings Ltd v Neptune Research & Development Inc [2003] EWCA Civ 704 (period of notice to terminate a distributorship agreement). Formerly junior counsel of choice for Solicitors’ Indemnity Fund for South Wales area (real property/conveyancing matters). Advisory and advocacy work for The Environment Agency & Dept the Environment, Food and Rural Affairs. Advisory and advocacy work for Sony (UK) Ltd; Texaco plc; Associated British Ports; Templar Properties Ltd; Eagle Star (Axa); Land Authority for Wales. Advisory and advocacy work for numerous local authorities. Litigation relating to all aspects of real property disputes, mortgages and trusts. Advising upon and drafting standard contractual conditions for trade association members.
9 St John Street
Gerard McDermott QC practises from England. He is based in London and Manchester, with associated offices in Abu Dhabi and New York. His main areas of practice are Personal Injury and Employment Law at all levels, although he maintains a diverse practice across the Common Law and Commercial fields. Gerard was called as a Barrister in England and Wales in 1978 and was made Queen's Counsel in 1999. He has been admitted as Attorney-at-Law in New York for nearly 20 years. Personal Injury Gerard acts for both Claimants and Defendants. He represents clients with a whole range of injuries arising from medical malpractice, product defects or road traffic accidents. Much of his caseload involves catastrophic personal injury such as spinal cord injury or brain injury. He has a very busy trial practice across the United Kingdom, generally in the High Court, but has also recently taken cases to the Court of Appeal and the Supreme Court as well as reaching impressive out of court settlements through negotiation. An increasing number of his cases have a cross border element to them, with particular emphasis on US issues, but also with cases that have involved Europe and the Middle East. Gerard also has experience in Inquests and Inquiries, having represented an RAF Pilot during the Inquest into a 2007 Puma crash and having been Lead Counsel for the Health Authority in the high profile Inquiry into the numerous deaths of patients under the care of Dr Harold Shipman. The influential directory, Chambers and Partners UK 2016, describes Gerard McDermott QC as "a great leader who has excellent overall judgement on a case" and in foreign cases is "nothing short of excellent". Interviewees were particularly effusive in describing him as "a very high-calibre practitioner, who fights very hard for his clients", applauding the way that he "lives and breathes the case, will immerse himself in it and has all the facts at his fingertips". Employment Law Gerard undertakes cases in all aspects of labor law including equal pay, dismissal, redundancy and discrimination cases. Again he addresses cases which present cross-border issues and has considerable experience in the European issues in this area including TUPE and Working Time Regulations. Chambers and Partners UK 2010 describe him as, "an unsung star, who not only takes on the full range of employment cases, including discrimination, unfair dismissal and redundancy claims, but also has considerable knowledge of employment issues that touch upon European law." Other Professional Achievements Gerard is a former President of the American Counsel Association, former Leader of the European Circuit of the Bar and a long time active member of the American Bar Association and in particular the Section of Litigation. He is authorised to sit as a Deputy High Court Judge in the Queen's Bench Division. Gerard is frequently invited to lecture on his areas of specialism, both in the UK and abroad. Most recently he has travelled overseas to give talks to the International Association of Defense Counsel on Civil Litigation Costs in the UK in Paris in September 2009 and to the European Circuit of the Bar on the new European regulation, Rome II, in Warsaw in October 2009.
9 St John Street
9 St John Street
Mr Bailey is a family law specialist with experience at all levels up to and including Court of Appeal. His private law practice includes particular emphasis on matrimonial finance and cohabitation claims where his extensive civil litigation background is invaluable. Mr Bailey has developed a significant ancillary relief practice in cases involving company and farming assets where issues of liquidity and off setting often predominate. Such have been the complexity of the issues involved that he has appeared with leading counsel on a number of occasions. Mr Bailey has also developed a public law practice in care cases generally and in particular those involving non-accidental injury where his experience in the fields of personal injury and medical negligence is of great assistance. He has particular experience acting for parents who lack capacity through the Official Solicitor. Mr Bailey is noted for his ability to manage and represent difficult lay clients. Mr Bailey also retains a long standing interest in personal injury litigation. He acts for claimants and defendants, including local authorities. Mr Bailey’s personal injury practice includes: accidents at work; Highways Act cases and road traffic with particular emphasis on low-velocity cases and those involving allegations of fraud. Mr Bailey accepts instructions on a conditional fee basis.
9 St John Street
9 St John Street
Specialises in clinical negligence, personal injury, building and construction and commercial. Accepts instructions in all areas of personal injury law, however she has particular experience in medical law including clinical negligence disputes, disciplinary work and inquests. Practice is evenly balanced between acting for claimants and defendants. Specialises particularly in: clinical negligence; employer’s liability including occupational diseases and occupational stress; road traffic accidents; tripping and slipping accidents; inquests. Miss Haines practises in the following areas of commercial law: construction and building, contractual and professional negligence; contract; consumer credit and sale of goods; possession proceedings; residential possession proceedings; alternative dispute resolution; arbitration and adjudication.
9 St John Street
9 St John Street
9 St John Street
Commercial/property. Landlord and tenant: business and residential, including possession proceedings and applications under the Landlord & Tenant Act 1954. Professional negligence: claims against professionals, including surveyors, valuers and solicitors. Housing: disrepair claims, both private and local authority work. Contract: consumer credit and sale of goods. Probate: applications under the Inheritance Act and cases involving the administration of estates.
9 St John Street
9 St John Street
Personal injury and clinical negligence group. Areas of practice include: factories accidents, industrial disease, clinical negligence, multi-party claims, serious road traffic injuries. Practises almost exclusively in the field of personal injury and clinical negligence. Practice is predominantly claimant-based and he enjoys a high volume of trades union work, comprising advice and advocacy in most varieties of industrial accident and disease. Described in the ‘Chambers & Partners’ directory as being a ‘leader in the field’ and has ‘widespread peer approval’.
Hall of fame9 St John Street
Criminal team. Mr Hamilton undertook the first six months of his pupillage in a large criminal set of chambers in London. He then returned to his native Manchester where he completed his pupillage at these chambers under the guidance of a specialist criminal pupil master. Whilst initially gaining experience in all areas of law, he rapidly fulfilled his intention to specialise in crime. Since specialising in crime he has gathered a wide experience of the criminal law including offences of dishonesty, violence, drugs and sexual offences; involved in several complex cases relating to drugs and car ringing; practice includes trading standards and environmental offences and he has appeared in the full range of criminal courts, from the Magistrates’ Court to the Crown Court and on to the Court of Appeal. Mr Hamilton believes firmly in the role of the barrister as a specialist advocate. Whilst studying for the Bar he was a quarter-finalist in the World Debating Championships; now assists the Manchester Metropolitan University in the provision of the Bar vocational course, conducting seminars for the students. Dedicated to providing a high level of service which recognises the needs of the professional and lay client, he is willing to conduct conferences at the most convenient location and time; committed to maintaining the high standards of the criminal team at 9 St John Street and welcomes discussion with solicitors as to how their requirements can be catered for.
9 St John Street
9 St John Street
James is described by the Legal 500 as a Leading Junior on the Northern Circuit in relation to both Personal Injury and Employment work. James acts for both Claimants and Defendants in all areas of personal injury litigation, fatal accidents, claims involving allegations of fraud and clinical negligence. He has a particular specialism in employers’ liability work (such as health and safety, stress at work and industrial disease work). He is often instructed in cases of severe injuries (including brain injuries), requiring expert evidence and the drafting of extensive and complex schedules and counter schedules of loss. He frequently deals with complex trials, as well as advising on paper and in conference. He is experienced in advising in cases of forensic loss of earnings claims, such as with self-employed Claimants or those who own/manage their own businesses. James regularly undertakes joint settlement meetings and is happy to act on a CFA funding basis in appropriate cases. In employment, James mainly undertakes Respondent work, with a small amount of Claimant work. He has considerable expertise in dealing with complex discrimination and whistle-blowing ET cases, especially in the public sector (including Government Legal Service work representing e.g. HMRC, the Ministry of Justice and the Department of Work and Pensions). James also represents a wide range of private sector employment clients, as well as local authorities. Given his two areas of practice, James also regularly advises clients on issues that span both employment and personal injury law, such as claims for psychiatric injury in the workplace, stress at work, and bullying/harassment claims pursuant to the Harassment Act 1997. Additionally, through his work as a legal assessor to the Health and Care Professions Council, James has extensive knowledge of, and interest in, professional disciplinary and regulatory law, and welcomes instructions in this area. James combines his technical ability with practicality – always having a strong focus on the commercial realities of any situation. He is both approachable and friendly and prides himself on his excellent reputation for providing a high standard of customer service and an efficient turnaround on paperwork. As an accredited public access barrister, James is able to accept advice and advocacy work directly from individuals or businesses through the Public Access Scheme, and is happy to discuss fixed fee or retainer rates for such work. As part of a continuing commitment to building and enhancing client relationships, James regularly gives training seminars to clients on legal developments. He is happy to devise bespoke training, tailored to clients’ requirements, to deliver at their businesses.
9 St John Street
9 St John Street
Jane Mabon is a private family law specialist. She is routinely instructed in complex and often protracted contact and residence disputes and in cases involving allegations of physical, sexual and emotional abuse, many necessitating the instruction of expert witnesses and/or the involvement of specialist contact agencies. She is highly experienced in cases involving the reintroduction of contact after a long period of time and cases involving Rule 16.4 Guardians. Jane accepts instructions in all applications under the Children Act 1989 including applications for specific issue and prohibited steps orders, enforcement orders and Schedule 1 applications for financial provision. In addition to her private law practice, Jane has developed a significant ancillary relief practice. She accepts instructions on both a private and legally aided basis therefore covering cases involving inherited assets, allegations of conduct and dissipation of assets, overseas assets and trusts. In addition Jane has developed a significant personal injury practice in her 15 years at the bar. Jane is instructed by both claimants and defendants in connection with road traffic accidents, public liability claims, employer’s liability, CICA applications and accidents abroad.
9 St John Street
9 St John Street
Joanne is pleased to act for both claimants and respondents. Her practice ranges from high-profile/sensitive unfair dismissal and redundancy claims to the more complex, multi-week discrimination, transfer of undertakings, working time, whistleblowing and equal pay claims. She has particularly extensive experience in disability discrimination claims. Her work incorporates employment disputes in all areas including local government, education, banking, the police, the legal profession and the NHS, as well as in business generally. She regularly handles cases involving groups of workers and is accustomed to the pressure of cases where there is a great deal at stake whether in terms of compensation, client expectation, number of employees affected or publicity. She is regularly instructed by in-house solicitors, particularly in local government, as well as those in private practice. She is experienced at both first instance and appellate levels and has appeared in several reported cases. She also acts in employment disputes in the County Court and High Court. Cases include: UNISON & ors v RCO Support Services & ors [2002] EWCA Civ 464 – whether the transfer of undertakings regulations applied to contracting out in the service industry; Batty v BSB [2002] EWCA Civ 648 – employment contract dispute re the right to withhold salary from a senior executive; Kirton v Tetrosyl [2003] EWCA Civ 619 – whether a condition caused by the surgical treatment for cancer could amount to a disability within the meaning of the DDA 1995; North Wales Probation Area v Edwards UKEAT/0468/07 – employment status of sessional workers Patel v Oldham MBC & the Governors of Rushcroft Primary School [2010] IRLR 280 – whether the effects of two consecutive, connected conditions could be aggregated for the purpose of determining whether a condition was longterm within the meaning of the DDA 1995; Marcroft v Heartland [2011] IKLK, 511, CA TUPE.
9 St John Street
Joanne Barnett commenced her practice in London, undertaking criminal and civil work and moved into family law with the introduction of the Children Act 1989. She continued to practise in London and later moved to Wales where she remained until recently. She joins chambers with a wealth of knowledge and experience. She is well respected amongst her peers and has had regular repeat instructions from solicitors with whom she has developed excellent longstanding relationships. She provides a quality service to both solicitor and client, and believes in being available and contactable to resolve any matters of concern within a short timescale. Conferences and prehearing planning are regularly a part of her daily schedule. These can be arranged at chambers or at the solicitors offices if preferred. She digests and analyses facts and has a calm and organised approach to case preparation. Joanne regularly appears in the County and High Court undertaking Child Care Proceedings, Private Client cases – section 8 applications and financial relief applications. AREAS OF PRACTICE. 1) Child Care/AdoptionRepresentation of Parents, Grandparents, Local Authority, Official Solicitor and NYAS, and Children’s Guardian on many complex cases.Undertaken perpetrator hearings: injury, bruising, baby shaking (whether underlying metabolic disorder or not), baby/child murder of one or more children, salt poisoning, factitious illness, serious sexual abuse hearings in both County and High Court. Representing either the Local Authority, parents or the child. Undertaken Local Authority care work for Swansea, Carmarthenshire, Ceredigion, Monmouthshire, Torfaen, Vale of Glamorgan, Merthyr, Rhondda Cynon Taff , Bridgend, Neath, Powys County Council and Newport County Council. 2) Cases with an International Element:Regularly appear in cases where an interpreter is required and cultural beliefs and values need to be respected.Applications undertaken for relocation/removal from the Jurisdiction e.g Japan, Sweden, New Zealand, Ireland, Poland.Specialising in pre-hearing advice on any potential planned move/or defence of any move. Representation of multi-cultural clients and placing the case in a cultural context. 3) Ancillary ReliefComplex, farming and business ancillary relief hearings undertaken, some with foreign elements and hidden assets. 4) Private client divorce: all section8 applications advised upon and representation provided at Court if required 5) Private adoption applications 6) Education Tribunal Work 7) Judicial Review Applications when connected with care proceedings. CASES• Re S [1996] (Split Hearings) 2 FLR 773• London Borough of Reddidge v Newport City Council [2004] 2 FLR 226• Re Z [2006] (Parenting Plan:Publicity) 1 FLR 405
9 St John Street
Criminal team. Jonathan Savage qualified as a solicitor in 1990 and gained experience in private practice in many areas of law including personal injury, insolvency, family and crime. In a 12-year career with the crown prosecution service he was responsible for the prosecution of many serious and complex cases ranging from fraud and sexual offences to robbery, firearms and drugs. In 2003, he sought the new challenges offered by a career at the Bar and joined chambers as a pupil to Michael Murray. He is developing a growing practice both prosecuting and defending. His experience as a prosecutor managing all manner of cases has provided him with an attention to detail, an ability to plan effectively and a sound knowledge of the law.
9 St John Street
9 St John Street
9 St John Street
Commercial and property experience includes: possession proceedings; Anti-Social Behaviour Orders; disrepair including Environmental Protection Act proceedings; unlawful eviction; disability discrimination; harassment and racial harassment; housing benefit; homelessness, including proceedings under the Housing Act 1996/Homelessness Act 2002. Karim Sabry undertakes instructions from claimants and defendants in equal measure, with his practice encompassing all areas of personal injury, including: employer’s liability (accidents at work and stress claims); fatal accidents (claims on behalf of the estate and dependants); CICA applications; proceedings in the Coroner’s Court; product liability and consumer protection; industrial disease; road traffic accidents; claims involving allegations of fraud (such as staged accidents, bogus passenger claims and low velocity impact arguments); public liability (including tripping and slipping claims, highways claims and occupiers’ liability); solicitor’s negligence matters, particularly those arising out of personal injury claims.
9 St John Street
9 St John Street
9 St John Street
Employment. Kate Hollyoak specialises in: unfair dismissal; wrongful dismissal; redundancy; sex discrimination; race discrimination; disability discrimination. Appears regularly in the employment tribunals representing both applicants and respondents; advised and acted on behalf of local authorities and trade unions in a number of complex cases involving sex and race discrimination; skilled negotiator and advocate who also has the ability to deal sensitively with her clients’ needs.
9 St John Street
Personal injury and clinical negligence. Specialises in the field of personal injury; regularly instructed by trade unions, insurance companies and the police. Practice includes: industrial accidents and disease; road traffic cases; criminal injury compensation claims; compensation recovery claims before the medical appeal tribunal and social security appeal tribunal; inquests, including deaths caused in road traffic accidents.
9 St John Street
Employment, personal injury and clinical negligence. Practice is split between employment law and personal injury. Experience in all areas of employment law, including: unfair dismissal, redundancy, breach of contract, TUPE, discrimination law. Considerable experience in many areas of personal injury work, both for claimants and defendants, including: road traffic accidents, tripping and slipping accidents, accidents at work, stress claims.
9 St John Street
Kirsten Barry’s practice is split between employment law and personal injury with an emphasis on employment law. She specialises in all areas of employment work but has a particular interest in redundancy matters, constructive dismissal, disability discrimination, sexual harassment and public interest disclosure claims. Kirsten acts for both claimants and respondents and appears in tribunals nationwide. She acts regularly on behalf of a number of local authorities and undertakes work for several high-profile clients on a direct-access basis. In addition Kirsten has represented clients in internal disciplinary matters, grievance and appeal hearings. She has recently gained experience of the Professional Standards and Conduct Committee of the General Teaching Council, successfully representing a headmaster charged with serious professional misconduct. Kirsten is known for her friendly and down to earth manner. She provides clear, robust advice but is always sensitive to the situation and needs of her client.
9 St John Street
It has been noted by the Legal 500 that Kirsty ‘has excellent communication skills and always uncovers the truth…”. These traits have served her well in both her advocacy and advisory work for claimants and defendants in personal injury and clinical negligence cases. In the area of personal injury Kirsty has experience in a broad spectrum of areas but specialising in fatal accident claims, road traffic litigation, employers’ liability claims and travel litigation. Kirsty also has significant experience of CICA appeals including a specialism in sensitive cases arising out of sexual abuse. Kirsty’s broad clinical negligence practice covers a wide range of clinical areas including gynaecology, cardiology, respiratory, oncology, orthopaedics, ENT, obstetrics, ophthalmology, dermatology, negligent surgical intervention, delayed diagnosis, delayed treatment, misdiagnosis, informed consent, negligent prescribing and secondary victim claims in a clinical negligence setting. Kirsty is adept at dealing sensitively with clients in difficult situations and being able to explain complex issues in simple terms where necessary. Kirsty’s insurance fraud practice involves a wide spectrum of different types of fraud and she frequently deals with these matters comprehensively from the outset through to trial. Kirsty also has an extensive costs litigation practice and undertakes work in respect of inter partes costs and on solicitor/own client assessments. These interests benefit her personal injury and clinical negligence work where a practical and economical approach can be adopted where necessary. Kirsty is noted for her meticulous written work, detailed preparation and attention to detail. She is also well known for her down to earth, practical and approachable style.
9 St John Street
9 St John Street
Laura specialises in property litigation (including co-ownership, mortgages, easements, restrictive covenants, nuisance, boundary disputes, adverse possession, residential and business tenancies); commercial litigation (including sale and supply of goods and services, breach of contract, misrepresentation, partnership disputes, consumer credit); trusts, wills & probate (including claims under the Inheritance Act 1975); personal and corporate insolvency; professional negligence; social housing (including secure, assured and introductory tenancies, anti-social behaviour injunctions and committals, ASBOs, homelessness proceedings); and, as part of her appointment to the panel, immigration.
9 St John Street
Lena regularly appears in the Employment Tribunal acting for both claimants and respondents on all types of employment disputes, including: discrimination; unfair dismissal/wrongful dismissal; redundancy; breach of contract; unlawful deduction from wages; working time regulations; whistleblowing; Agency Workers Regulations 2010; costs applications; and TUPE. Lena also provides advisory and drafting services in respect of all types of employment disputes including advice on merits, quantum, procedure and appealing first instance decisions. Lena is frequently instructed in complex multi-day discrimination claims, as illustrated by her representing a respondent in a 7-week race discrimination claim in Central London Employment Tribunal (Iteshi v London Underground Ltd, Transport for London and Reed Consulting Ltd). As well as having a keen interest in discrimination claims, Lena has a wealth of experience in conducting employment Tribunal litigation on behalf of Higher Education Bodies, Local Authorities and NHS Trusts. Lena has a particular strength in dealing with evidential and tactical matters. Lena also regularly represents clients in the County Court combining her knowledge of County Court procedure and employment law to the advantage of her clients. Lena has a particular interest in matters of contractual construction and interpretation in the employment context. With regard to appellate work, Lena has recently appeared in the EAT in the following cases: Merchandising Sales Force Limited v Mrs Joanne Dawson – appeal against the Tribunal’s judgment in a claim for unlawful deduction from wages; Montracon Limited v Mr Ernest Francis Hardcastle – appeal against the Tribunal’s judgment on remedy in an unfair dismissal claim where the Tribunal made a reduction to the compensatory award on the grounds of conduct prior to dismissal without making a similar reduction to the basic award; Mr T Espie v Balfour Beatty Engineering Servies Limited – appeal against a Tribunal’s judgment on the pool of selection in a redundancy exercise and the application and interpretation of section 15 Equality Act 2010 (disability related discrimination). Lena is frequently instructed by trade unions, local authorities, police authorities, international businesses, as well as employee clients. Lena was appointed to the approved list of counsel for the Equality and Human Rights Commission in 2011 and has completed a secondment with the Commission’s legal enforcement team. During her time at the Commission Lena provided advisory services focusing on race discrimination and the provision of public services and functions, particularly members associations. Having studied Human Rights during her Masters, Lena has a particular interest in the area of discrimination both within and outside the employment context.
9 St John Street
Criminal law. Louise Brandon came to chambers as a pupil to Jaime Hamilton and successfully completed a 12-month specialist criminal pupillage. Prior to commencing her pupillage she gained considerable experience in all aspects of litigation working in a solicitors’ firm. Since joining chambers she has been regularly instructed to both prosecute and defend criminal cases, and has gained experience in all areas of criminal law, appearing in both the Crown and the Magistrates’ Courts and the Court of Appeal. She is regularly asked to advise on and conduct cases concerning a wide range of matters, including serious assaults, robbery, firearms offences, sexual offences, fraud, money laundering, driving offences, public order and drugs offences. She is regularly instructed to advise on and conduct arguments involving issues such as the admissibility of evidence, abuse of process, disclosure, hearsay and bad character. Louise advises on and conducts judicial review cases for both the claimant and defendant. Louise has also appeared on behalf of defendants and companies charged with offences under the Health and Safety Legislation. She has represented serving prisoners in their applications for release on licence before the Parole Board. Louise is a category three prosecutor and has been appointed onto the Attorney General’s list of prosecuting counsel to prosecute cases on behalf of HM Revenue and Customs. She also appears on behalf of the Serious Organised Crime Agency, the Probation Service and Local Authorities. She is regularly instructed on behalf of Greater Manchester Police to both advise on and conduct applications for anti-social behaviour orders, football banning orders, sexual offences prevention orders, risk of sexual harm orders, ‘crack house’ closure orders and forfeiture orders under the Proceeds of Crime Act 2002. She is also instructed on behalf of Greater Manchester Police to advise on and conduct hearings under the Licensing Act 2003. With strong connections to the North West, Louise is particularly pleased to have had the opportunity to assist local schools and colleges in the National Bar Mock Trial competition. This opportunity allowed Louise to provide the benefit of her experience and skill in advocacy – twice leading her former school to the national final.
9 St John Street
9 St John Street
9 St John Street
Mr Monaghan specialises in criminal law and has substantial experience in serious crime, in particular relating to fraud, serious violence and sexual matters. He is a category four prosecutor and is also instructed by defence solicitors, particularly in matters involving detailed and complicated financial issues. He has dealt with a number of murders of children and babies – particularly ‘baby shaking’-type cases, which have involved both difficult and complex medical matters and also advising on matters relating to the serious case reviews which followed. He has represented both the defence and the prosecution in all other types of serious violence including murder, manslaughter, armed robbery and firearms cases. Mr Monaghan has dealt with many cases involving controlled drugs, including large scale importation, distribution and supply, and regularly deals with cases of high-value fraud, theft and money laundering. He has considerable experience in the area of disclosure which is often difficult in cases of this sort. He has represented the Crown and the defence in a large number of cases involving sexual allegations, including examining and cross-examining child witnesses on video. Current and previous cases include: Operation Jefferson – multimillion-pound conspiracy to import drugs, ‘supergrass witness’; R v McCluney – child murder; R v Stoker – child murder; R v Wong & Liu – child murder; R v May and Halligan – large scale fraud on creditors by owners of cigarette vending company; R v Broadbent & Holmes – drug related kidnapping – (Lancashire complex casework unit); R v Domville & Others – Operation Sunrise – 9 handed conspiracy to rob; R v Barratt & ors – Operation Recessed – (eight handed conspiracy to rob – Manchester complex casework unit); R v Kiely – attempt murder, armed robbery (without a leader); R v Hill & Livesley – attempt murder (without a leader).
9 St John Street
Since taking silk in 2009, Mark Hill has established a broad and varied common law practice with an emphasis on civil litigation and an acknowledged expertise in ecclesiastical law. His particular specialisms are judicial review, personal injury, costs and planning cases, and he is regularly retained in these practice areas both in an advisory capacity and as an advocate in the higher courts. He has an international reputation on matters of religious liberty and oft en acts in disputes involving faith communities. He is an accredited mediator, trained by the ADR Group, and is a Legal Assessor with the General Medical Council. NOTABLE CASES National Employers' Mutual Insurance Company Limited v Jones [1990] 1 AC 24, House of Lords Pacific Associates v Baxter [1990] 1QB 993, Court of Appeal Re Blagdon Cemetery [2002] Fam 299, Court of Arches R (J and P) v West Sussex County Council [2002] 2 FLR 1192, High Court Sullivan J Parochial Church Council of Aston Cantlow v Wallbank [2004] 1 AC 546, House of Lords Stretch v United Kingdom (2004) 38 EHRR 12, European Court of Human Rights R (Swindon Borough Council) v Swindon Justices [2004] EWHC 2240, Administrative Court Kuenyehia v International Hospitals Group Limited (2006) Times, 17 February, Court of Appeal R (on the application of HM Coroner) v Secretary of State for Justice [2009] EWHC 1974, Administrative Court, Laws LJ and Tugendhat J Greater Manchester Police v Power [2009] UKEAT 0434, Employment Appeal Tribunal Holliday v Musa [2010] EWCA Civ 335, Court of Appeal His Holiness Sant Baba Jeet Singh Ji Maharaj v Singh [2010] EWHC 1294, High Court, Eady J Re Holy Trinity, Eccleshall [2010] 31 July, Court of Arches
9 St John Street
Matthew is a specialist in serious personal injury and health & safety crime facilitating in depth expertise and experience. Matthew is a trial lawyer. His instructions are predominately characterised by large loss claims involving significant factual disputes or contentious expert opinion evidence. Matthew is fully conversant in coronial law and frequently appears at inquests. He advises on matters of insurance law including motor insurance policies and contractual indemnities.
9 St John Street
Mike has a busy personal injury practice which sees him regularly instructed by both Claimant and Defendant firms. He has experience of a wide range of complex matters including catastrophic injuries, chronic pain disorders, fatal accidents and non freezing cold injuries. Mike is regularly instructed in multi-track matters and is experienced in dealing with high value cases featuring significant claims for loss of earnings, care and assistance and accommodation. He has acted in numerous high value cases, valued far in excess of £100,000 and is frequently asked to provide early advice as to potential heads of loss and appropriate medical evidence. NOTABLE RECENT CASES• JH v LL – Acted for Claimant who sustained a serious ankle fracture necessitating numerous operations and eventual fusion. After a successful liability only trial, the Defendant’s highest offer was £95,000. Settled at JSM for £280,000. • RD v UQ – Acted for Claimant who sustained a serious spinal fracture after a roof collapsed at work. He later developed chronic pain and was unlikely to return to work. Settled for £150,000. • HK v MK – Acting for Claimant who has been left wheelchair bound and doubly incontinent following a serious RTA. Despite repeated surgeries to her thoracic spine the prognosis is poor. Pleaded a provisional schedule of loss in excess of £1,500,000, with various heads of loss yet to be finalised, pending further expert reports addressing care, accommodation, aids and equipment. • AW v RSL – Acted for Claimant who underwent spinal fusion after suffering a prolapsed disc. Settled for £152,000. • PB v LV – Acting for 81-year-old protected party, who suffered a complete amputation of all of the toes of one foot, following a collision with a lorry whilst on a pedestrian crossing. A significant care claim was complicated by the progression of her pre-existing dementia. Settled, subject to the Court’s approval, for £35,000, given the poor prospects of success on liability. • GR v LC – Ongoing fatal accident claim, pleaded at £220,000. The claim for financial dependency is complicated by the Claimant’s failure to declare that the deceased had been living with her. Mike acts at all stages of litigation and assists with the provision of early advice on the merits, the drafting of pleadings and schedules/counter schedules of loss, attendance at interlocutory hearings including costs and case management conferences and representation at trial, both on the fast and multi tracks. His practice covers a variety of areas, including employer’s liability, road traffic, insurance fraud, industrial disease, CICA claims, military claims and clinical negligence. Insurance FraudMike is regularly instructed by a number of large Defendant firms in motor fraud matters including staged/induced accidents, low velocity impact and bogus passenger claims. He prides himself on giving frank and direct advice and is always mindful of the competing policy and commercial interests prevalent in such cases. Mike regularly drafts robust Defences to suspicious claims. He is conscious of the need to set out the Defendant’s case comprehensively but without prejudicing the Defendant by making reference to matters not yet fully investigated. Mike is, however, a trial advocate at heart, adopting a tenacious yet tactical approach to cross-examination. He is comfortable dealing with document heavy cases, bringing a thorough and forensic approach to case analysis. He recognises that the "devil is in the detail" in fraud cases and is adept at identifying the key points that can turn a case in the Defendant’s favour. He recognises the need for a swift turnaround on all paperwork and is comfortable dealing with urgent cases with pressing deadlines.
9 St John Street
Michael specialises in personal injury litigation. He advises and appears on behalf of claimants and defendants. He has experience of the full spectrum of catastrophic injury claims, including spinal injury, brain injury, amputation and chronic pain. His caseload is predominantly multi-track claims exceeding £100,000 and he has represented both claimants and defendants on claims with a value in excess of £1m. He has a wealth of experience of joint settlement meetings and mediations. Notable cases include Hussain v Hussain & Aviva, CA [2013] RTR 11; Armstrong v Haslam Homes, QB, LTL 14/2/2012; Pykett v Clement, NIG & Aviva [2011] All ER (D) 67; Alker v Collingwood HA [2007] 1 WLR 2230; MCC v Romano [2005] 1 WLR 2775; Gardner v Winder, CA, LTL 14/11/2002; NBHA v Sheridan (2000) 32 HLR 346; MCC v McCann [1999] QB 1214.
9 St John Street
Personal injury and clinical negligence group; employment law group. Mr Hinchliffe has followed the long and distinguished tradition of personal injury counsel at 9 St John Street. He was listed in the latest edition of ‘Chambers & Partners’’ directory as being a leading Silk on the Northern Circuit and is described as ‘tenacious and constructive’; also featured in ‘The Legal 500’. Recent notable cases include: Limb v Union Jack Removals Ltd [1998] 1 WLR 1354 (CA); and Heil and Others (CA) in relation to pain and suffering awards. From the outset Mr Hinchliffe’s practice has been claimant-based, but in recent years defendants/insurers have been increasingly quick to send instructions and his practice has now developed a claimant/defendant ratio of 70%/30%; now deals exclusively with personal injury, clinical negligence, industrial disease and multi-party cases. These include all types of factory and road traffic accidents. Industrial disease work includes asbestosis, dermatitis, RSI and industrial cancer. In the early years in chambers he had a general practice dealing with all types of litigation. This was soon refined to two distinct areas – personal injury and employment, with the latter taking a back seat to personal injury. The only interruption is the annual invitation to represent Great Britain’s rifle team somewhere in the southern hemisphere.
9 St John Street
Also works at BANK HOUSE CHAMBERS in Sheffield. Criminal team. Mr Clarke has spent 22 years at the Manchester Bar and has extensive experience across the whole criminal spectrum. ‘Chambers’ Guide to the Legal Profession’ says he is a ‘leading junior’ and ‘The Legal 500’ describe him as ‘highly-experienced’ with ‘articulate expertise in cases with complex medical or psychiatric elements’; acquired a reputation defending and prosecuting cases of homicide, large-scale drug importation and sexual and physical abuse of children; particular interest in cases with a medical or psychiatric background and has extensive experience of cross-examining expert witnesses including pathologists, psychiatrists, neuroradiologists and paediatric specialists in various disciplines. Recently, he defended a consultant orthopaedic surgeon charged with a large number of historic offences of indecent assault on patients. Mr Clarke defended in the first trial in this country in which the Crown relied solely on earprints to identify the defendant during which he cross-examined an expert from Holland in earprint identification; conducted two cases involving palynological evidence as a geographical signature (by pollen and spores). As a senior criminal practitioner he has appeared as leading junior counsel in complex cases and has co-defended with and been led in prosecutions by Queen’s Counsel, when he has been instructed alone; defended in the largest mortgage fraud prosecution on the Northern Circuit and has dealt with confiscation proceedings under the Criminal Justice Act 1988 and the Drug Trafficking Act 1994. Mr Clarke appeared on BBC’s Panorama in relation to the disclosure provisions of the CPIA 1995; embraced new technology to assist in research, for which he regularly uses electronic databases and the internet; prepared to accept instructions and case papers via email; efficient professional who remains aware of his pastoral role and the need to communicate with and retain the confidence of the lay client; trainer for the Middle Temple in advocacy and is a pupil supervisor; drafted and instigated Chambers’ ‘Service Standard for Defence Solicitors’; provides a fast and efficient service from the delivery of the brief until the case’s conclusion.
9 St John Street
Criminal team. During her time in London, Miss Gatto dealt with matters of extreme complexity and delicacy, ranging from child sex abuse cases to murder; led other junior counsel in a ten-week trial which, of itself, was instrumental in bringing about the inclusion of sections of the Criminal Justice and Public Order Act following the acquittal of the defendants. Recent cases have included conspiracy to supply heroin, where issues included participating informants, Human Rights Act issues/fairness of public interest immunity hearings; a gold bullion certificate fraud involving certificates purporting to cover some 2,500 metric tonnes of gold bullion, where the defendant was a Nigerian doctor and the defence evidence was given by way of a video link from America; representation of a female charged with large-scale drug conspiracy who was HIV positive and dying – attracted much media attention, as she was chained to a hospital bed due to bail being refused; represented parents charged with murder/manslaughter – where the parents refused conventional medicine for a diabetic child and treated with homeopathic medicine and the trial of a defendant charged in connection with alleged satanic ritual abuse in Epping Forest. Miss Gatto was junior counsel for the defence in the trial of the Soho Bomber at the Old Bailey.
9 St John Street
Practises in several related fields of law: employment which links to professional indemnity and personal injury work. Recently involved in two high-profile General Medical Council cases relating to the activities of Dr Shipman. In sporting-related cases he has represented Manchester City FC, Bolton Wanderers FC, Stockport County AFC and Wigan RLFC. Recent cases include Cheshire & Wirral Partnership NHS Trust v Abbott and Others [2006] IRLR 546.
9 St John Street
9 St John Street
Criminal team. Mr Cadwallader has a general common law practice although he now specialises in crime. For a number of years he has been involved in all areas of serious crime including homicide, fraud, drugs and sexual offences; wide experience in cases concerning children and video recorded and video link evidence and has a particular interest in complex fraud cases. Mr Cadwallader has been involved in mortgage fraud trials, including those involving solicitors and appeared for the lead defendant in the case of R v Kassar and others which at the time was the largest drugs importation into the UK.
9 St John Street
9 St John Street
9 St John Street
In employment law, Rachael acts for both claimants and respondents. Her clients regularly include large corporations and banks, NHS authorities, councils and other public bodies, as well as claimants supported by their trade unions, who often have a keen interest in the outcome, Rachael is a keen advocate. She is quick-thinking and robust in cross-examination. At the same time, Rachael is down to earth, friendly and reassuring to her clients. She is able to put people at their ease and inspire confidence. Rachael is able to appreciate the commercial aspects to litigation and she provides clear and sound advice, Rachael has recently been appointed to the Regional Panel of Junior Counsel to the Crown and will be on the Treasury Panel List for the next five years. She was also appointed to the approved list of Counsel for the Equality & Human Rights Commission in 2011. Rachael appears in employment tribunals across the UK and has also appeared in the Employment Appeal Tribunal (Hammonds LLP and others v Mwitta (UKEAT/0026/10/ZT in which Rachael was against Leading Counsel)) and the Court of Appeal (Ruhaza v Alexander Hancock Recruitment Ltd [2010] EWCA Civ 763, [2010] All ER (D) 33 (Jun)). Further, Rachael has provided representation for judicial mediations. Rachael has experience of all areas of employment law. In particular, Rachael has experience of cases involving: unfair dismissal; discrimination, in all its forms; issues of employment status; whistleblowlng; working time; industrial relations; TUPE; and, costs. As well as advocacy, she also provides advisory and drafting services. In personal injury law, Rachael represents both claimants and defendants. Her clients include large corporations and leading insurance companies. She frequently acts in cases involving fraud and credibility issues, where her quick thinking and strong advocacy have led to many successful outcomes. When acting for her clients, Rachael provides sensitive yet commercial advice. She grasps the litigation risks quickly and regularly assists her professional clients with advice as to settlement value and quantum generally. Rachael specialises in cases involving issues of: employer’s liability; road traffic accidents; tripping and slipping accidents, both at work and on the highway; and inquests.
9 St John Street
Family. Miss Heppenstall completed a specialist family pupillage and practised on the North Eastern Circuit until joining 9 St John Street in December 2000. Practice encompasses all aspects of family law with an emphasis upon children work, particularly childcare. Experience of cases involving serious non-accidental injury, physical and sexual abuse and has previously worked for a local authority in its childcare legal department. It was in this capacity that she gained experience in special educational needs and mental health work. In care/adoption proceedings, Miss Heppenstall acts on behalf of local authorities, parents, children and the official solicitor and others in the High Court, County Court and Family Proceedings Court. Miss Heppenstall regularly acts for parents/grandparents and children in s8 Children Act 1989 applications in the County and High Courts and has experience of removal from the jurisdiction and abduction cases; also acts for parties in ancillary relief, injunction and committal proceedings. Miss Heppenstall has been involved in accredited training for solicitors on the ancillary relief rules (Family Proceedings (Amendment No 2) Rules 1999).
9 St John Street
Employment law; acts for both respondents and claimants in the Tribunal and Employment Appeal Tribunal; specialist area is discrimination law in particular race, sex and disability; acted for NHS trusts, police authorities, local authorities, a number of well-known companies and trade unions. Recent examples of cases conducted include: 3 week whistleblowing and disability discrimination case for claimant; appeal to EAT concerning failure to make reasonable adjustments and level of Vento award for a national company; 3 week direct disability discrimination case for police authority.
9 St John Street
Rebecca has developed an excellent reputation for her work and has a loyal following of clients across the public and private sectors. She is adept at analysing the most complex of legal disputes and distilling them to their essential points and themes. She is quick to grasp the priorities of her clients and to adapt her approach accordingly. Her in-depth knowledge of both the brief and the law involved instil confidence and she is not afraid to give a clear headed assessment of a case together with practical advice. Rebecca has a wealth of experience across all areas of employment law and has a particular interest in all strands of discrimination law. She has recently been selected as panel counsel for the Equality and Human Rights Commission. Her practice includes both unfair dismissal and redundancy cases, and the more complex or lengthy equally at home acting for claimants and respondents, and in cases involving the public or private sector. She frequently acts for and against local authorities, NHS Trusts and Police Authorities, and for several well known large limited companies. Rebecca regularly acts in all areas of personal injury law including: road traffic accidents, accidents at work, industrial disease, tripping and slipping accidents, occupiers’ liability claims, criminal injuries compensation claims, inquests. Rebecca is a fully trained and accredited mediator. She also regularly provides seminars and workshops for clients on topics of current legal interest. She is happy to provide training to lawyers, HR professionals and lay clients alike.
9 St John Street
Commercial and chancery litigation, and mediation. Property litigation: business landlord and tenant; housing; land and boundary disputes; co-habitation claims; residential landlord and tenant. Contractual disputes. Insolvency. Wills, trusts and probate; Inheritance Act claims. Professional negligence. Mediation.
9 St John Street
Richard practises in general Chancery and Commercial law with an emphasis on property, wills, trusts, company and insolvency law.Particular property expertise includes: Landlord and Tenant (commercial and residential), boundaries and easements, rivers/riparian rights, restrictive covenants, land options, development contracts, mortgages, agricultural holdings, nuisance claims, public access to the countryside (including applications to modify the definitive map), highways and planning. Commons and Manorial Rights. Regularly instructed in cases before the Upper Chamber (Lands Tribunal). Richard has been recently instructed in two landmark cases involving Rights of Way in the Court of Appeal (Bee v Thompson and Oliver v Symons)Company law including director’s breaches of duty, director’s disqualification and voidable transactions.Sale and Carriage of Goods, Consumer Credit, Insurance and Agency law.Restraint of Trade and business secrets. Intellectual Property. Partnership Law.Professional Negligence, (Solicitors, Accountants, Insolvency practitioners, Architects, Surveyors and Insurance Brokers).Wills and Trusts: contentious and non-contentious, Inheritance Act claims. Removal of Trustees. Increasing Court of Protection practice. Regularly instructed in family partnership disputes , including those concerning agricultural property, residential property portfolios and family businesses.Accepts Licensed Access instructions from surveyors and accountants.Lectures regularly to solicitors on Insolvency Law, Rights of Way, Wills, Probate and Proprietary Estoppel.
9 St John Street
General and commercial property work with a particular interest in housing law. Cases include: Manchester City Council v Romano [2004] 4 All ER 21; New Charter v Ashcroft [2004] MLR 36.
9 St John Street
Robert Smith accepted a tenancy in chambers following the completion of a 12-month specialist criminal pupillage under the supervision of Jaime Hamilton. Prior to commencing pupillage, Mr Smith was employed by solicitors for three years as a paralegal, working with his own caseload. Since joining chambers Robert has experienced all areas of criminal law, appearing in the Crown, Magistrates and Youth Courts. Robert regularly advises upon and conducts cases concerning a wide range of matters including robbery, arson, sexual offences, drugs offences, public order offences, theft, assaults and perverting the course of justice. His work has included appearances at all stages of the criminal process, from first appearance at the lower court through to summary trial and includes representing both the prosecution and the defence in the Crown Court. Robert has also appeared before the Courts on behalf of the Greater Manchester Police and the Probation Service. He has represented serving prisoners in hearings before the independent adjudicator. Robert welcomes discussions with instructing solicitors as to how he can best fulfil his role as a specialist criminal advocate.
9 St John Street
Russell’s practice is predominantly personal injury based and involves instructions for both claimants and defendants across a broad spectrum of personal injury litigation. He is regularly instructed in top-end fast-track and multi-track cases, involving significant injuries and complex schedules of loss and he has a particular interest in complex medical causation issues. He regularly provides seminars to solicitors on all aspects of personal injury litigation and recent developments in the law in this area. As part of his extensive personal injury practice, Russell has a particular interest in travel law issues including significant injuries arising from RTAs abroad and choice of law and applicable law issues, including Rome II. He also offers advice and advocacy in relation to the Package Travel Regulations and local safety standard issues. As a separate aspect of his personal injury work, Russell also has considerable experience in dealing with a wide range of motor insurance fraud litigation. He regularly acts for defendant insurers in personal injury litigation arising out of road traffic collisions involving staged or induced collisions, bogus passenger claims and LVI issues.
9 St John Street
9 St John Street
Also practises at NEW PARK COURT CHAMBERS Leeds (0113 2433277). Head of regulatory team. Prosecution: all aspects of the criminal law: murder, manslaughter (including a current corporate manslaughter and gross negligence manslaughter case,) rape, fraud and other serious offences. Nominated by the Attorney General for HM Customs & Excise and the Health & Safety Executive. Experience of prosecutions based on complex scientific, medical and telecommunications evidence. Special interest in issues relating to disclosure and public interest immunity and in new methods of identification (ear prints and facial mapping). Defence: as above. In particular cases involving corporate manslaughter and ‘medical manslaughter’ and assisting with intravenous drug abuse. Defending regulatory/HSE prosecutions (re: construction/roofing/scaffolding/cranes/plant hire and local authorities). Defending in murder cases, including ‘contract/honour’ killing, attempted murder cases and complex fraud cases. Regulatory: GMC prosecution work in misconduct and deficient professional practice fitness to practice hearings involving complex medical issues, sexual offences and fraud. Inquests: specialising in cases involving death in custody, in hospitals and outdoor (adventure) activities. Acted as a legal assessor on behalf of one of HM Coroner in connection with an article 2 compliant alleged negligent medical treatment Inquest and on behalf of another HM Coroner as ‘counsel to the Inquest’ in an article 2 compliant ‘Death in Custody’ Inquest. Recent cases include R v Hayward [1999] Crim LR 71 CA (Conflict of Laws UK/EU legislation re: Duty Evasion); R v Hull Coroner for East Riding of Yorkshire and Kingston-upon-Hull, ex parte Dawson & Others [2001] ACD 365 (Death in Custody re: Christopher Alder, Administrative Review); R v Dallagher [2002] EWCA Crim 1903 CA (Admissibility of Developing Expert Evidence: Identification of Ear Prints); R v Carl Wesley Mason [2004] EWCA Crim 2848 (Application to Withdraw a Plea to Manslaughter); R v Stephen Christopher Makin [2004] EWCA Crim 1607 CA (Re: Prosecution’s Ongoing Duty of Disclosure re: Witnesses); R v Shah Nawaz Pola [2009] EWCA Crim 655 (Re: the definition of an ‘employee’ re: ‘migrant workers’ under s53 of the Health and Safety at Work Act 1974); R v Sam Whitehead [2009] CA (Unreported) (Re: the ‘requirement’ for an R v Turnbull direction, where there is unchallenged identification evidence.); R v Berry and Crisp [2010] EWCA Crim 355 (CA) (Re: the issues of ‘double recovery’ and ‘abuse of process’, in the context of forfeiture of seized monies.); R v Stringer & Stringer [2011] 3 WLR 1243 (CA) (Re: Murder, joint enterprise and ‘secondary parties’).
9 St John Street
Employment law at first instance and appellate level. All areas including: complex unfair dismissal cases; high-value discrimination claims; equal pay; restrictive covenants; pension claims; multi-party actions; industrial disputes and trade union law; restrictive convenants and confidential information; High Court injunctions. General commercial litigation, including: contracts, sale of goods, professional negligence, commercial agents.
9 St John Street
Mr Rigby’s personal injury practise includes industrial accident and disease claims. Stress claims, road traffic and other accidental injury, clinical negligence. His professional regulation practise includes the regulation of both doctors and nurses. His employment practise includes all forms of discrimination, unfair and wrongful dismissal, restraint of trade and labour retentions. He appears in courts throughout England and wales and tribunal across the UK.
9 St John Street
Employment team. Tom Gilbart appears on behalf of respondents and claimants in all areas of employment law. He has advised and represented local authorities, NHS Trusts and a host of major, national chairs. He has experience of unfair dismissal, discrimination, protected disclosures, TUPE, redundancy, work time regulations and breach of contract.
9 St John Street
Vanessa Thomson is very passionate about all of the work she undertakes. Her hard-working, pro-active and strategic approach makes her a popular choice amongst instructing solicitors. In addition, her down to earth manner ensures that lay clients are instantly put at their ease. Miss Thomson works closely with instructing solicitors at each stage of a case and is always available to discuss any issues that may arise. CRIMEVanessa Thomson has prosecuted and defended cases of the utmost gravity and complexity. As junior counsel, she has regularly been led in murder and manslaughter trials over the past twelve years. She is fully conversant and confident with issues of disclosure, complex case preparation and advocacy in all of the cases she is involved in. Miss Thomson has defended those charged with:• Rape and historic rape• Other serious sexual offences• Serious violence• Gang related violence• Large-scale drug conspiracies• Fraud Miss Thomson has represented clients who are vulnerable; whether that is through age, social factors or illness. Miss Thomson often represents clients with mental health difficulties and is able to identify appropriate experts to report upon matters for the Court. Miss Thomson is a Category 4 Prosecutor. She has been appointed to the Rape and Child Sexual Abuse Panel and the Serious Crime Panel. When instructed as sole counsel, Miss Thomson has prosecuted offences of:• Attempted murder• Serious sexual assaults and rape• Historic sexual violence• Serious violence• Fatal road traffic offences• Multi-handed conspiracies• Mortgage fraud on behalf of SOCA Miss Thomson is sought out for the manner in which she deals with young and vulnerable witnesses. In 2010, she dealt with the evidence of a five year old child who was the youngest witness to have given evidence in a murder trial in Manchester. More recently, Miss Thomson prosecuted a rape trial where the complainant suffered from severe learning and communication difficulties. As a result of numerous pre trial meetings to consider all aids to communication, including the use of an intermediary, the witness’ evidence was presented with clarity to the jury. During a three year period as a Senior Crown Advocate with the Crown Prosecution Service, Miss Thomson had the opportunity to be involved in the investigation and prosecution of crime from a very early stage. This involved advising officers upon strategy prior to arrest and dealing with the appropriate level of charge post arrest. Since her return to Chambers, Miss Thomson has built up a thriving defence practice and is often instructed by solicitors who had experience of her skills as an opponent. INQUESTSSince joining 9 St. John Street, Miss Thomson has a built up a busy coronial law practice. She has been instructed on behalf of both family members and corporate clients who are Interested Parties to proceedings. She has developed expertise relating to deaths of the elderly and the vulnerable in care homes. She has a good understanding of the standards and practices involved in such environments and how this may impact upon the Coroner’s findings. Miss Thomson is commended for paying particular attention to detail in respect of medical matters which are pertinent to the cause of death. Miss Thomson is not averse to conducting extensive research prior to an inquest into medical matters which may or may not be causative of death . When Miss Thomson is instructed on behalf of families, her down to earth manner is conducive to family members being able to follow proceedings and to find the answers to the questions they may have. She is able to put grieving family members at ease and is able to explain the parameters of the inquest to them.
9 St John Street
Victoria Rigby’s personal injury practice to date has covered all aspects of Personal Injury litigation, including road traffic accident fraud, low velocity impact cases, accidents at work, health and safety litigation, MIB claims, Defective Premises Act claims, tripping and slipping litigation and assessment of damages. Victoria receives instructions from both Claimants and Defendants. A key part of Victoria's practice today includes the niche area of equine/animal law, or more generally cases involving personal injury caused by animals. Victoria has a thorough understanding of the Animals Act 1971 and its application to cases involving livestock/horses and dogs. She has received instructions from leading horse law firm, P Jane MD Phillips and more recently Knights. She has advised on several cases involving horses, for riding schools, race yards and riders, in light of the controversial decision in Mirvahedy v Henley [2003] UKHL 16. Her time in Vancouver was spent working alongside trial advocates on cases relating to all levels of clinical negligence, including childbirth litigation. Of particular interest was the overlap between Canadian and English law in this area.
9 St John Street
William Hamilton is keen to develop and expand a practice in this area which involves acting for both claimants and defendants. He has experience in a wide variety of personal injury cases, including: employers’ liability; road traffic accidents; low velocity impact cases; fraud; Highways Act cases. His employment experience includes: unfair dismissal; redundancy, including collective redundancy; TUPE and discrimination.
9 St John Street
Zoe is described by the Legal 500 as ‘tenacious on her feet and understanding of her clients’ and has been recommended in the Legal 500 for the past seven years. She has substantial experience of advocacy in the High Court, employment tribunals, and the appellate courts, including the Court of Appeal and the House of Lords. Her clients include some of the UK’s largest insurers, financial institutions and local authorities. In the employment field, she acts on behalf of employers, employees and trade unions. She has undertaken numerous tribunal hearings and appeals covering discrimination law, including age, race, sex, sexual orientation, religion, disability and part-time worker status. She has considerable experience as an advocate and advisor in most other areas of employment work, including whistleblowing, wrongful dismissal, directors contracts, equal pay, bonus claims, and TUPE. She has also been involved at all stages of claims involving confidential information and post-termination restrictions. In the insurance and personal injury field, Zoe’s practice involves mainly fraud work. Her experience ranges from advising and conducting trials in high-profile fraud ring cases, staged and induced accidents, phantom passenger claims, lvi, and acting for insurers who have pursued claims in the tort of conspiracy and deceit. She also undertakes personal injury work that involves a cross border element.