Professional Discipline

GMC v Dr Bawa Garba

Represented the Doctor in her review hearing. Dr Bawa Garba had been convicted of gross negligence manslaughter of a 6 year old boy in her care at a Leicester hospital. Following her conviction a Fitness to Practice panel determined that she should be suspended from practice, but on appeal by the GMC this was replaced with erasure. The case was then further appealed to the Court of Appeal including the Lord Chief Justice and the Master of the Rolls and erasure was replaced with suspension.

https://www.telegraph.co.uk/news/2019/04/08/doctor-whose-negligence-killed-six-year-old-boy-close-working/amp/

Professional Discipline

GMC v Mr BQ

Defending prominent eye surgeon and developer of intra ocular lenses who is being investigated for allegedly dishonestly recommending and carrying out surgery on 24 patients in his care at the Harley Street London Eye Hospital. The case is listed for 10 weeks.

https://www.dailymail.co.uk/he...

Crime

R v AT

Defended the first defendant in back to back trials involving abuse of young children in a local care home in the 1970s onwards. The Defendant was a carer at the home and had been previously convicted of sexual and physical abuse at the home, which was adduced at these trials. The Defendant was acquitted of multiple rapes and out of more than twenty counts on the indictments was eventually convicted of two child cruelty charges against one complainant which amounted to two common assaults.

Wisteria Lodge: Seven men deny child cruelty

Crime

R v JSG

Defended a retired police officer for the murder of his elderly mother. The case involved uncontested pathology evidence as to the method of killing being asphyxiation by smothering.

https://www.bbc.co.uk/news/uk-england-lancashire-46521909

Crime

R v AT

Successfully defended care worker accused of rape and sexual assault upon children in the 1980s and 1990s at a care home in the Midlands. Three week trial concluded with acquittals on all counts.

Crime

R v Derrick Cooper and others

Part of Operation Hydrant, a nationwide investigation into abuse by persons of prominence or at institutions by teaching staff. Acting for the prosecution involving historic abuse by teachers at a school for boys with social and welfare issues in the 1970s and 1980s. The case involved a 2 month trial in Carlisle Crown Court after which the Principal and Owner of school was convicted of an offence of assault and another of child cruelty. He awaits sentence.

http://www.bbc.co.uk/news/uk-england-cumbria-43431073

Crime - (Murder)

R v Vicnenzo Tavano

MH was instructed as leading counsel for the Crown in the prosecution of Vincenzo Tavano. Mr Tavano is charged with the murder of Giuseppi Roncari, a well known local Italian restauranteur and businessman. Mr Roncari was found dead in his Salford flat in April 2017. He had been strangled and had a plastic bag tied over his head. Mr Roncari’s property had been searched and credit cards and his Jaguar car had been stolen.

uk-england-manchester-39709156

Crime - (Murder)

R v Mark Buckley

MH was instructed as leading counsel for the defence in the murder trial of Mark Buckley. Mr Buckley is alleged to have killed Ellen Higginbottom, an 18 year old A level student. The body of Ms Higginbottom was found in the Orrell Water Park, near Wigan.

Man-woman-arrested-killing-Ellen-Higginbottom.html

Crime (Murder)

R v Hurst

Michael Hayton QC begins on 10 July 2017 a two week murder trial for the prosecution. The Defendant is charged with the Murder of Matthew McKenzie in Heywood in January 2017. Mr McKenzie’s body was found in an alleyway close to midnight by a local man walking his dog. He was stabbed multiple times including the fatal wound to the heart.

http://www.manchestereveningnews.co.uk/news/greater-manchester-news/man-charged-murder-after-matthew-12465005

Crime

R v Devonta Neish and others

Gangland murder in Moss Side Manchester. 8 week trial involving multiple defendants.

http://www.itv.com/news/granad...

HSE v Essar Oil Limited

Represented Essar Oil Limited before Davis J inthe Liverpool Crown Court when the company was fined £1,650,000 for an offencecontrary to the COMAH Regulations 1999. The prosecution arose from an explosionthat took place at the Stanlow Oil Refinery at Ellesmere Port in November 2013.No injuries were sustained by any person but it was accepted that the risk ofharm was high, and that a fatality could have resulted.

The refinery is the second largest in the UK andprovides one in every 6 litres of petrol purchased nationwide as well as beingan amor manufacturer of diesel and aircraft fuels. The refinery is COMAH(Control of Major Accident Hazards) site and the company has a turnover for thesite of approximately £5 billion.

Whilst Essar acknowledged their guilt at anearly stage there were protracted negotiations over many months regardingdisputes between experts as to the level of culpability to be ascribed to thecompany for its failings. Further, the prosecution sought to bring the companywithin the “Very Large Company” section of the Sentencing Council DefinitiveGuidelines, which would potentially have attracted a sentence outside the£10,000,000 maximum envisaged within the guideline table covering “Large”companies. Expert accountancy evidence was relied upon by the defence insupport of submissions as to proportionality.

Ultimately, following written and oralsubmissions, the case was dealt with on the basis of Harm Category 1, which wasalways conceded, and medium culpability with some aggravating features and wassentenced well within the range set down for “Large” companies.

Inquest

Inquest re Cristal Pigment UK Ltd

Complex issues of scientific nature dealt with following a major explosion in a chemical plant on Humberside.

River Humber closed to shipping following a leak of a chemical cloud of titanium tetra chloride.

http://www.grimsbytelegraph.co.uk/

Inquest

Inquest touching upon the death of PC William Barker.

Death of a police constable in the execution of his duties during the Cumbria floods in Cockermouth. National publicity and attention.

Inquest

Inquest touching upon the death of David Donohoe

Substantial inquest lasting several weeks into death of man who had been prescribed pain killing tablets from which he subsequently overdosed. Involved issues as to scope of inquest. Reported at R (on the application of Sreedharan) v HM Coroner for the County of Greater Manchester and others [2013] EWCA Civ 181

Inquest

Inquest touching upon the death of Christopher Heaton

Two week inquest involving complicated and convoluted expert evidence in construction industry context.

Inquest

Inquest touching upon the death of David Astley

Death in Custody case.

Health and Safety

R -v- Chargot Limited

UKHL 73 Defence trial counsel for Ruttle Contracting one of two companies prosecuted for fatality at work. Advised upon appeal. Now a leading case.

Health and Safety

R -v- Frederick Jones

Defence Junior. Double manslaughter case involving Legionnaires disease contracted from the Copthorne Hotel, Cardiff

Health and Safety

R -v- Swindell (David)

[2008] EWCA Crim 3277 Defence counsel in 3 week fatality prosecution. Brown verdicts.

Health and Safety

HSE -v- PC Richardson

Defence counsel in fall from height at Sellafield whilst dismantling irradiated chimney stack from the 1957 “Windscale Fire”; Britain’s biggest nuclear disaster.

Health and Safety

HSE -v- Unichem PLC (Boots Chemists)

Defence counsel for company in prosecution relating to fall from height resulting in fatal accident at place of employment.

Health and Safety

HSE -v- James Thompson

Defence counsel for company in prosecution relating to a fatal accident at place of employment.

Health and Safety

Oldham MBC -v- Travis Perkins

Defence counsel in Crown Court prosecution for accident at work involving significant crushing injuries.

Health and Safety

HSE -v- E W Cartons

Defence counsel for company in prosecution relating to a fatal accident at place of employment.

Health and Safety

R -v- Graham (George Robertson)

[2009] EWCA Crim 2846 HSE prosecution; Howe examined regarding level of fine.

Health and Safety

R -v- Graham (George Robertson)

[2009] EWCA Crim 2846 HSE prosecution; Howe examined regarding level of fine.

Professional Discipline

GMC vs Dr Wendy Chapman

Acted on behalf of the General Medical Council against the Harlequins RFC "Bloodgate Scandal" doctor.

http://www.bbc.co.uk/news/uk-england-london11055639

Professional Discipline

Re: Dr O

Instructed to represent the interests of medical professionals in the Inquiry into Hyponatraemia Related Deaths in Northern Ireland. (http://www.ihrdni.org). The Inquiry is examining the deaths of a number of children and the treatment that they received whilst in hospital.

Firearms

R -v- Benjamin Wilson

(Central Criminal Court) Defence Junior. Two month trial involving the running of machine guns and other firearms to sectarian groups in Ireland

Crime

R -v- Mu Yong Lin

Defence Junior. Morecambe Bay cockle pickers. Seven month trial alleging manslaughter of 21 Chinese cockle pickers. This case led to the introduction of the Gangmaster (Licensing) Act 2004. Junior counsel for one of the Chinese gangmasters

Manslaughter

R - v - Jamie Watson

Defence Junior. Secured acquittal for manslaughter. Mob attack home of paedophile in revenge attack and deceased died following fall from balcony as he attempted to escape.

Murder

R - v - Hugh McMahon

Defence Junior. Defendant acquitted of murder following drug related knife attack.

Murder

R -v- Leanne Potter

Defence Junior for first defendant acquitted of murder. Victim died 4 months after alleged assault.

Murder

R -v- Raymond Hughes

Defence Junior for first defendant in revenge murder of alleged police informant.

Murder

R -v- Paul Culshaw

Defence Junior. Full life sentence for murder of Lancaster prostitute.

Murder

R -v- David Burns

Defence Junior. 16 year old defendant acquitted of murdering his brother-in-law on grounds of provocation.

Murder

R -v- Richard Johnstone

Defence Junior. Joint street attack on victim who died some weeks later. Substantial medical causation issues of some complexity.

Murder

R -v- Brendan Woods

Defence Junior. Defendant acquitted of murdering his brother in a knife attack on grounds of lack of intent.

Murder

R -v- William McInnes

Prosecution Junior. “Body in the boot murder”. Defendant convicted of murdering his partner and leaving her body in the boot of a rental car in Blackpool where it was discovered some weeks later.

Murder

R -v- Vladamir Brandejes

Defence Junior. Czech national who with a co-worker robbed and killed their employer before fleeing the country. Extradited back to UK.

Murder

R -v- Ian Grant

Defendant strangled his wife in alleged steroid “rage” following argument.

Murder

R -v- Luke Harvey

Defendant charged with murder of young traveller in an alleged revenge attack following theft of a motor cycle. Convicted of manslaughter.

Murder

R -v- Shaun Jackson

Defence Junior. Defendant murdered his friend following drunken argument.

Murder

R -v- Stephen Brown

Defendant killed his mother’s boyfriend who had made sexual advances to the Defendant’s partner. Medical causation issues. Defendant pleaded to manslaughter.

Murder

R -v- Sajad Ali

Doorman killed drunken club goer.

Fraud

R -v- Pamela Tickle

Leading defence junior in large scale NHS fraud in chain of optician shops, involving sums in excess of £1 million

Fraud

R -v- A K and others.

Prosecution counsel in Major Crime Unit prosecution. Property fraud.

Fraud

R -v- Philip Johnson

Junior counsel for leading defendant, a blind chartered accountant, in a large scale fraud and blackmail case.

Fraud

R -v- Chris Sanders

Operation Emersed multi million pound MTIC fraud.

Drug Conspiracy

R -v- Wallbank (Lindsay Sarah)

[2010] EWCA Crim 2172 Drug conspiracy involving undercover police officers.

Crime

R -v- Edward Izzet

[2004] EWCA 586

Crime

Chief Constable of Lancashire -v- Lisa Marie Potter

[2003] EWHC 2272 (Admin) One of the leading cases on Anti-Social Behaviour Orders

Crime

R -v- John Dunlop

[2001] EWCA Crim 1808

Death by Reckless Driving

Attorney General of the Falkland Islands -v- Shaun May (Stanley)

Defence Junior. Secured acquittal in the first prosecution in over 60 years for causing death by reckless driving on the Falkland Islands.

Sexual Offences

Attorney General of the Falkland Islands -v- Colin MacDonald (Stanley)

Defence Junior in historic sex abuse.

Manslaughter

R-v- Paul Edensor

Defended tram driver who was three times the speed limit when he hit and killed a pensioner on Blackpool promenade

http://www.bbc.co.uk/go/em/fr/-/news/uk-england-lancashire-11949563