Fraser Livesey

Notable Cases

• Inquest touching upon the death of DM (2024)

  Inquest

  Article 2 jury inquest representing the NHS Trust. A man with complex behavioural and psychiatric needs died after a s2 MHA detention from self-inflicted injuries. The case involved a complex history and experts in neurology and psychiatry giving evidence. Numerous alleged failings and a finding of neglect resisted, the Court accepting that professionals had acted appropriately in very difficult circumstances and finding a national lack of resources.

• Inquest touching upon the death of BB (2024)

  Inquest

  Representing the Fire & Rescue Service in an inquest involving 6 Interested Persons. A rowing pair got into difficulties at a weir when the River Lune was high and one man was rescued. Despite best efforts of co-ordinated rescue services it was impossible to reach the second man who drowned. Members of the Fire & Rescue service noted to have put themselves in danger to effect a rescue.

• Inquest touching upon the death of CH (2024)

  Inquest

  Representing a company who had supplied plant used during a drilling operation during construction of the HS2 project. A subcontractor was killed during this operation and criticism had been directed at the manufacturers of the equipment, but the coroner found them to be “impressive” in their knowledge, experience and presentation of evidence to the Court.

• Inquest touching upon the death of PQ (2023)

  Inquest

  Representing a consultant obstetrician who was on duty at the birth of a baby suffering from the rare condition of fatal anaemia. The doctor initially faced significant criticism from an expert witness regarding the treatment provided in respect of contested interpretation of cardiotocography, issues regarding fetomaternal haemorrhage and chorioamnionitis. Ultimately no adverse comment or finding was made in the Coroner’s findings.

• Inquest touching upon the death of AT

  Inquest

  This was a two week Art 2 jury inquest, representing a mental health practitioner dealing with an individual with a complex presentation in police custody. this case involved issues in relation to s136 MHA 1983; mental capacity; the relationship between Police and MHA powers;  being arrested and detention in custody being declined

• Inquest touching upon the death of LB (2023)

  Inquest

  Representing NHS Trust. An induced birth became complex and urgent intervention was required. The baby became hypoxic before birth and had to be resuscitated but sadly did not survive. A traumatic incident for all the medical professionals from the Trust who may have been required to give evidence. In conjunction with the new consultant in charge of the department presented evidence to establish new procedures, training and auditing. No RPFD or neglect findings.

• Inquest touching upon the death of BNR (2022)

  Inquest

  Representing the Local Authority. The inquest concerned the death of a sixteen-year-old involved in criminal exploitation and drug use. This was a complex multi-agency case involving social care, mental health service, the youth justice service, the NHS and housing services Bath leading up to and in the first weeks of national lockdown due to the pandemic.

• Re PC A

  Acting for a police officer in a gross misconduct tribunal who was alleged to have accessed sensitive information from the police computer system relating to Covid-19 restrictions during lockdown and passing this information to a third party

• Inquest touching upon the death of ZBE (2022)

  Inquest

  The inquest related to the tragic death of a baby thrown over a high fence and into a fast flowing river by his father who suffered from paranoid schizophrenia and had sought admission to hospital in the days before the event. He was subsequently convicted of manslaughter on the grounds of diminished responsibility and described by the sentencing judge as “an extremely dangerous individual”. The matter heard from a number of expert witnesses and a variety of different agencies were involved.

• Inquest touching upon the death of OBW (2021)

  Inquest

  Art 2 inquest in relation to death of a child in care. This was a new hearing after the original inquest conclusion was quashed following a judicial review.

• Regina v AG

  The case involved the gruesome discovery of a body in the River Caldew by a farmer in Carlisle in July 2020. The deceased was lured to a house in the city centre before being been severely beaten and tortured over a two hour period by a number of men due to a significant drug debt, leaving 57 injuries to his head alone. He was then transported in a jeep whilst unconscious and his body dumped in the river where he ultimately drowned. The murderers abandoned the vehicle in woodland to the east of Carlisle and attempted to cover their tracks. The trial lasted eight weeks involving 6 defendants.

  more

• Inquest touching upon the death of AW (2021)

  Inquest

  Art 2 inquest with jury. Factually and legally complicated matter. Following the decision in R (on the application of Maughan) v. HM Senior Coroner for Oxfordshire submissions on unlawful killing in relation to both corporate and gross negligence manslaughter.

• Inquest touching upon the death of SK (2020)

  Inquest

  Acting for Local Authority. Deceased involved with many agencies, medically complicated presentation and capacity issues. Neglect raised but not found as part of conclusion.

• Inquest touching upon the death of K Bardsley (2018)

  Inquest

  Jury inquest. A lift failed and fell leading to fatal injuries. Technical expert evidence in relation to lift servicing and operation.

• Inquest touching upon the death of JM (2018)

  Inquest

  Representing a doctor where a prescribing error had contributed to death.

• Inquest touching upon deaths of MH & EB (2018)

  Inquest

  Art 2 inquest with jury. Representing company operating many care homes, one of which closed after CQC involvement. Medical issues in causative chain of events.

• Inquest touching upon the death of P Oliver (2017)

  Inquest

  Article 2 inquest with jury. Sudden death by choking of a vulnerable man suffering from a range of conditions under one to one supervision in a care home.

• Inquest touching upon the death of B Witham (2017)

  Inquest

  Death in a care home. Medical issues and a background fractious relationship between care home staff and medical practitioners. Issues as to causation.

• Inquest touching upon the death of S Jones (2017)

  Inquest

  Representing Local Authority, several of whose agencies were involved with a troubled young woman with complex medical and psychological issues. Significant medical/medicinal issues.

• Re B Smith (2016)

  Inquest

  Inquest representing care home facing serious criticisms by relative of the deceased. Arguments in relation to Art 2 and DOLS. Coroner found the home had provided a high level of care.

• GMC -v- Dr A

  Professional Discipline

  Fitness to Practice Hearing before the MPTS involving health and misconduct issues

• Inquest touching upon the death of Frederick Adams (2015)

  Inquest

  Art 2 Inquest concerning a death following an assault whilst resident in a care home. Involved a number of medical issues (there being 2 hospital admissions and interventfrom the General Practitioner and District Nurses), the involvement of social services and complex issues regarding causation.

  more

• Inquest touching upon the death of Mansoor Elahi (2015)

  Inquest

  Art 2 inquest with jury into death of a young man being treated for mental health problems who drowned in Hollingworth Lake whilst undertaking an activity whilst on authorised leave from hospital. The deceased had previously run into the lake on a previous episode of leave. The HSE investigated and were present throughout the inquest but no prosecution resulted against the lay client.

  more
   

  more

• Re: Junction 16 Festival

  Licensing

  Successful licence review proceedings representing promoters and organisers of 3 day outdoor concert event

• Re B Singh (2016)

  Inquest

  Inquest representing care home that specialised for challenging residents. Suggestions of neglect not substantiated.

• SCC v Smith & Nicholas

  Fraud/Trading Standards

  Fraud and Cattle Identification Regulation prosecution. Leading junior.

• HSE -v- MacAdam Ltd

  Health and Safety

  Defence of company prosecuted following an explosion in the workplace seriously injuring three people

• Re D Martin.

  Inquest

  An inquest under article 2 in relation to a death in custody. Inquest considered individual and systemic issues within the prison

• BBC v Raveshi

  Licensing

  Licensing appeal following appellant's acquittal on a murder allegation.

• HSE -v- LCC

  Health and Safety

  Representation of local authority following serious incident on their premises

• Bradford Coroners Court Re S Allen

  Inquest

  Representing company that manufactured equipment involved in fatal accident

• R -v- Walker

  Fraud

  Sophisticated fraud committed by croupiers and a 'stooge' playing roulette in a casino. Serious breach of trust.

  more

  more
   

• R -v- Calvert

  Crime

  Allegation of incitement to riot over the internet via Facebook.

• R -v- Campbell and Etheridge

  Murder

  Two defendant murder case

• R -v- Bottomley

  Attempted Murder

  Successful defence of defendant charged with attempted murder who had no recollection of the incident

• R -v- Mehat

  Crime

  Highly unusual case representing man alleged to be 'mute by malice'.

• R -v- M

  Sexual Offences

  Prosecution of multi-complainant child sexual abuse case over several months leading to hearing of fresh evidence in a three day Court of Appeal hearing

• R -v- Etherington & others

  Fraud

  Two month trial of tobacco fraud involving nationwide investigation

• R -v- Tweedie

  Armed Robbery

  Armed robbery of bookmakers with a sawn-off shotgun

• Operation Rebound

  Drug Importation and Supply

  Six week voir dire to successfully exclude evidence in a large scale conspiracy to supply heroin and cocaine.

• R -v- Smith & others

  Drug Importation and Supply

  Successful defence of man of good character, alleged to be central to distribution of large quantities of heroin and cocaine

• R -v- W

  Sexual Offences

  Historical allegations of rape and sexual abuse, defendant having significant psychiatric issues

• R -v- Parkinson

  Court of Appeal

  Court of Appeal following Attorney-General’s Reference on the issue of the dangerous offender provisions

• R -v- Smith

  Arson

  Successful defence of professional man indicted with arson with intent to endanger life

• R -v- Buchan

  Attempted Murder

  Attempted murder, attack with an axe causing serious head injuries

• R -v- Hamid & others

  Public Order

  Successful defence in serious public order incident

• Blackpool Borough Council -v- Raveshi

  Licensing

  Licensing appeal where licence revoked following high-profile murder investigation

• Hunter -v- Cumbria County Council

  Judicial Review

  Prosecution under Registered Homes regulations. Eight day hearing trial and judicial review to the Divisional Court