Iain Simkin KC

Notable Cases

• Inquest into the Death of SD

  Inquest - Judicial Review

  Judicial Review in front of a high Court Judge. Acted on behalf of the Pennine Care NHS Foundation Trust

  Successful submissions in support of the coroners decisions in the 1st instance.

  Factually and legally complex case looking at the prescription of anti-psychotic medication which hid the symptoms of early stage leukaemia. 

  Dealt with Article 2 and neglect issues. Relied upon evidence of one psychologist and two haematologists during the inquest.

• Kettlewell

  Traffic Commissioner

  Represented before the traffic commissioner of the NE

  Issues dealt with - Serviceability of vehicles / Records of defects / issues of financial stability

  Company continued to operate and kept their licence.

• R v Chris Brain

  Crime - Defence

  Ongoing

• R v A

  Crime - Defence

  Defended serving police office accused of rape. CPS discontinued trial after cross examination of the complainant

• R v Zack Morris

  Crime - Defence

  Youth attempted murder

• R v Paul Fogherty

  Crime - Defence

  Unlawful Act Manslaughter

• R v L Clarke

  Crime - Defence

  Drugs punishment murder

• R v Jane Adamson

  Crime - Defence

  Gang related murder

• R v HRR

  Health & Safety

  Falling from a height

• L

  Health & Safety

  Large fatality fire at Chemical facility

• Didcot PowerStation Collapse

  Health & Safety

  Briefed in the biggest H&S case in Britain

• R v Hickimi

  Crime - Prosecution

  Serial Rapist - secured conviction

• R v Prascevicius

  Crime - Prosecution

  4 Handed murder  - secured conviction

• R v Johnson & Others

  Crime - Prosecution

  Multi-handed Murder

• R v Morgan & Others

  Crime - Prosecution

  Gross Negligent Manslaughter - secured conviction

• R v Boeru & Others

  Crime - Prosecution

  7 handed people trafficking - All parties convicted

• R v DJ

  Crime- Prosecution

  Prosecuted a man who  "brutally" murdered a woman and then enlisted the help of his sisters to help cover it up. Defendant received a life order and was ordered to serve a minimum of 17 years and 6 months in Prison.

• R v Sinaga

  Crime - Prosecution

  Lead prosecutor in the case against Reynhard Sinaga, who has been found guilty of raping or sexually assaulting men in Manchester, following four trials spanning the course of 18 months.

  Sinaga was found guilty of 136 counts of rape, eight counts of attempted rape, 14 counts of sexual assault, and one count of assault by penetration, against a total of 48 victims, and has been sentenced to life in prison with a minimum term of 30 years.

• Kilbride Industrial Services

  Health and Safety

  Water maintenance worker on large scale cleaning project for Northern Water suffered catastrophic injuries as a consequence of a projectile shooting out of the end of a water pipe. Complex matters – materiality of risk.

• High Ridge Roofing

  Health and Safety

  Fatal accident involving an experienced roofer who fell to his death through fragile roof. Involved matters of construction design and management regulations.

• YS

  Health and Safety

  Involves a very large organisation client with an operative suffering life changing injuries.

• Makers Construction Ltd

  Health and Safety

  Large project to re-clad outside of a shopping centre which led to emission of asbestos dust.

• Crystal Architectural Aluminium Ltd

  Health and Safety

  Fall from height which involved work at height regulations and health & safety general matters.

• HSE -v- P (Court of Appeal [2013] 1 Cr. App. R. (S.) 34)

  Health and Safety

  National food delivery company having accepted liability for an injury to an employee successfully appealed the sentence at higher court.

• HSE -v- S (Court of Appeal [2014] EWCA Crim.264)

  Health and Safety

  Junior alone against QC HSE prosecution resulted in a lengthy sentencing hearing and the defendant appealed. The contested parts of the appeal were successfully defended.

• HSE -v- E (Leeds Crown Court)

  Health and Safety

  Large commercial client charged with serious breaches of the HSWA 1974 following a fatal accident to one of its employees. The risk to reputational damage was severe. A 2 year police/HSE investigation was discontinued at the Crown Court on the first day of trial following a series of wide-ranging representations.

• EA -v- A

  Health and Safety

  Successfully secured the withdrawal of 5 offences relating to the escape of highly toxic chemicals from client’s site in North Wales. Allegations that 22 injured and significant potential for environmental harm all withdrawn

• EA -v- C (Sheffield Crown Court)

  Health and Safety

  A major house builder was charged with 15 offences relating to the unlawful carriage and disposal of carcinogenic waste. Successfully persuaded the prosecution to withdraw 12 offences leaving 3 technical offences only relating to paperwork (transfer notes)

• EA -v- D (Warrington Crown Court)

  Health and Safety

  Following a “Panorama” investigation, the client was prosecuted by the EA for offences involving the illegal exportation of electronic waste to West Africa

• Salford Van Hire

  Transport

  Public inquiry with regards to a full operators license following an unscheduled inspection to the clients place of business. Drafted lengthy submissions, supported by successful oral submissions resulting in a favourable conclusion so far as the client was concerned.

• Parker Body Repairs - REPORTED CASE

  Transport

  Public inquiry following deficiencies identified at a scheduled inspection. The client was operating on a restricted license. Lengthy written submissions supported by targeted oral submissions resulted in no regulatory action being taken. However, the case has revealed a novel point of law and an appeal to the upper tribunal is anticipated.

• Inquest - TFGM Re: JB

  Inquest

  Representing Transport for Greater Manchester in a case which will review security arrangements around the general public travelling on the tram in Manchester.

• Inquest Re: OR

  Inquest

  Construction project in the jewellery quarter in Birmingham following the collapse of building.

• Didcot Power Station

  Inquest

  Large industrial accident involving 4 deaths when Didcot Power Station collapsed.

• Re: DR

  Inquest

  Died in care home following a fall. Suffering from multiple comorbidities.

• United Utilities Re : DT

  Inquest

  Drowned in a reservoir.

• Re: T. A “Jamieson

  Inquest

  Inquest whereby an employee had been crushed to death by a large pane of glass which fell on top of him. Maersk were the owners of the dry dock where the cargo handlers unloaded the glass. The inquest lasted for 2 weeks and legal submissions successfully prevented gross negligence manslaughter being left to the Jury.

• Re: C. (Article 2)

  Inquest

  The deceased was a prisoner who had died by suspending himself. The CSRA, PER and ACCT documentation all had to be closely analysed along with the entirety of the deceased’s prison records. All the evidence needed to be interpreted for the jury and there was a great deal of medical information from both System 1 and GP’s notes.

• Re: F. (Article 2)

  Inquest

  The deceased died at 18 whilst in custody from a sub-arachnoid haemorrhage, the condition is extremely rare in such a young man. There was voluminous evidence from both neurologists and neurosurgeons all of which needed to be explored and the relevant issues presented to the Jury in a clear, concise and comprehensible way.

• Re: G. (Article 2)

  Inquest

  The deceased was crushed to death at Leeds Bus Station. Despite extensive written and oral submissions the deputy coroner ruled that this was an article 2 inquest. Despite very damming and misplaced recommendations from the assistant coroner, the HSE took no further action.

• Re: L. (Article 2)

  Inquest

  The deceased had died whilst in custody from an overdose of prescribed and illicit drugs. The deceased was a heroin user who, whilst in prison, was under the supervision of IDTS and healthcare. There was substantial evidence to demonstrate that prisoners were diverting their medication and the toxicology report detailed the deceased having taken a cocktail of illicit opiates and benzodiazepines. The “orange book” and the NICE guidelines with regard to dispensing practises were placed before the jury such that they could appreciate the relevant clinical context.

• R v E

  Trading Standards & Consumer Law

  The defendant was charged with the wholesale supply of poisonous (potentially fatal) products into the supply chain, contrary to Regulation 20 of the General Product Safety Regulations 2005. In the event a child drank a prohibited product which resulted in life changing injuries.

• R v A

  Trading Standards & Consumer Law

  Director of a waste management firm took defective material out of the waste system and reintroduced it into the retail chain with near fatal results. Following submissions, the prosecution discontinued the case.

• R v B

  Trading Standards & Consumer Law

  Ongoing case into fraud, bribery and trading standards offences. The defendant is a supplier to a major building company and the allegations concern the provision of bribes to ensure contracts and the precise description of the services provided both to the end consumer and counterparties to the defendant’s work.

• R v D

  Trading Standards & Consumer Law

  The defendant was a large-scale egg supplier who (it was alleged) was passing off battery farmed as free-range eggs. The defendant was acquitted.

• R v G

  Food Hygiene

  Prosecution by local council. Following complaint by the general public an investigation was launched into the general hygiene standards at an exclusive café run by a celeb restaurateur in a royal park. The investigation revealed that the kitchens were infested with mice.

• R v P

  Food Hygiene

  A fresh produce concession in a supermarket was investigated and the general standards of food hygiene were beneath acceptable levels. With particularity the meat on sale contained unacceptably high levels of bacteria rendering it unfit for human consumption whist it nevertheless remained on sale to the general public.

• R v S

  Food Hygiene

  A restaurant had purchased stolen meat. An investigation was launched into the provenance of the restaurants offering. None of the required certification was apparent and the supply chain from producer to consumer could not be demonstrated.

• Hayley Fulleylove

  Crime

  Investigated for manslaughter, issues of causation which hinged upon the report from a neuropathologist.

• Russell Frankland

  Crime

  Series of armed robberies with complicated sequence of events chart.

• Jeremy Oketch

  Crime

  Defendant raped his girlfriend’s 2 year old daughter. Pleaded guilty substantial sentence. Film for BBC

• Westminster City Council -v- G

  Health and Safety

  Celebrity chef’s restaurant fined after failed inspection. Secured withdrawal of all proceedings against Managing Director of the business and limited the fine.

• Bury MBC -v- R (Bolton Crown Court)

  Health and Safety

  Prosecuted a 3 week trial in the Crown Court concerning the illegal dumping of waste by an established building contractor

• R -v- Ahmed

  Crime

  Rival drugs gang murder where victim was killed following a clash in the street concerning a drugs “turf war”

• R -v- Kitchen

  Crime

  Paranoid schizophrenic charged with murdering his sister over her refusal to fund his drug habit. Ten boxes of medical records required analysing after the defendant was identified following a BBC Crimewatch appeal.

• R -v- Abdullahi

  Crime

  Domestic violence case where defendant murdered her partner following his alleged mistreatment. Issues concerned complex scientific evidence used to determine the identity of the killer.

• R v Evans

  Crime

  Leading junior against a QC and senior junior. Domestic violence and rape against defendant’s partners. Prosecuted to conviction after trial. Conviction successfully defended at the Court of Appeal.

• R v Johnson

  Crime

  Junior alone against QC and senior junior. Historic familial rape of a wife and daughter. Victim with severe mental health problems. Prosecuted to conviction after trial.

• R -v- Calvert

  Crime

  Junior alone against QC and senior junior. Historic rape of step daughter over a 20 year period. Issues as to the complainant’s capacity to consent. Successfully defended the conviction (against QC) at the Court of Appeal.

• R v Miskovic

  Crime - Prosecution

  Junior alone against a Leading Junior and led junior. Rape allegation involving Czech nationals. Prosecuted to conviction after trial.

• R -v- Meiring and others

  Crime

  Junior alone against QC. Lengthy conspiracy to supply drugs involving many legal and evidential points including juror and defendant prosecuted for contempt.