Deans Court Chambers

Jonny Lally secures finding of fundamental dishonesty on behalf of AXA Insurance in claim brought by a Litigation Executive for personal injury. The Claimant, who had worked in numerous roles for different Claimant and Defendant solicitors, brought claims for personal injuries allegedly sustained in three separate road traffic accidents in 2015 and 2016. Following a trial before HHJ Bird, the claims were dismissed in their entirety and findings of fundamental dishonesty made against the Claimant. The Judge concluded that she was a ‘generally dishonest person’. During the trial it was established that the Claimant had lied about her academic qualifications and professional status. The judge found she had done this deliberately and that she had deliberately lied about other matters in the case including her ability to train in the gym. The judge found she had misled the medical experts in the case and that the opinions of the experts were based upon a false basis and thus constituted one of the exceptions to the ruling in Griffiths v TUI. Thanks to Susan Lane at DAC Beachcroft for the instructions in the case. See https://lnkd.in/eWkaNVTz with link to the judgment”

Congratulations to our Liam Kelly ACIArb on his nomination for 'Barrister of the Year' at the Manchester YRes awards. Best of luck to all the nominees.

Jonny Lally secures acquittal of taxi driver in a prosecution for causing death by dangerous driving. The Defendant taxi driver was attacked by a violent and aggressive man who had voluntarily attached himself to the exterior of his taxi as he pulled away from the rank. In the short journey that followed, the Defendant was subjected to death threats and assaults from the man through the driver’s window, which was smashed by the man during the assault. Throughout the 360 metre journey, the man managed to hold onto the side of the taxi and pull himself up so that the upper part of his body was leaning in through the taxi into the driver’s cab interfering with the driver and the operation of the taxi. The taxi ultimately veered into oncoming traffic resulting in the man being thrown from the vehicle and sadly killed. Following a submission of no case by Mr Lally at the conclusion of the Crown’s case, the case was stopped by the Judge. The judge found that there was no evidence on which the jury could be sure that the Defendant was in control of the taxi at the time it veered across the road. Thank you to Fylde Law for their instructions in the case. View his profile here: https://lnkd.in/e4JXZ9bq

The Deans Court Chambers Family team are pleased to invite applications from suitably qualified Financial Remedy Practitioners to join our team. For further details, including how to apply, please see below. View the vacancy on our website:- https://lnkd.in/exn9AAni

Oliver Carr secures prevention of future deaths report at inquest Oliver represented the Family at an inquest into the death of a 47-year-old pedal cyclist involved in a road traffic collision with a heavy goods vehicle at a roundabout. During the course of the inquest, concerns were raised in relation to road markings and signage at the roundabout. It was noted that more appropriate signage might in the future instruct cyclists of the availability of alternative routes of travel, away from the roundabout. Pursuant to the Coroners and Justice Act 2009, the Coroner made a Regulation 28 prevention of future deaths report relating to these concerns. The report has been published and sent to Hull City Council and National Highways. A BBC news report in relation to the inquest is found at: https://lnkd.in/eeUhV5ND. View Oliver's profile here:-

Deans Court Chambers are delighted to once again be supporting the Save the Children International - Christmas Jumper Day 2024! By pulling on our Christmassy knits and donating, we’ll be supporting children in the UK and around the world to keep safe, healthy, and learning. If you'd like to support our efforts, please donate via the link here:- https://lnkd.in/g46rd-yk

Peter Smith represents BSH following the evacuation of 30 homes in a Derbyshire village Cadent Gas Ltd was responsible for the gas pipe network system relevant to the incident which took place on the 22nd June 2022 at BSH’s farm. BSH purchased a farm in January 2021 consisting of ‘5 Lots’ amounting to 122 acres. The farmhouse did not form part of the purchase. In March of 2022, BSH took on a specialist independent fencing contractor to construct a significant amount of fencing around the farm.  The contractor was a co-defendant, and as a contractor, was subject to regulation 25(4) of CDM 2015 in relation to underground services. BSH was charged with a breach of section 3(1) of the Health and Safety at Work Act 1974 in relation to the underground services and those not in its employment who might be impacted by the conduct of its undertaking. The fencing work commenced in March 2022 and BSH had no knowledge of a shallow dug and covered gas pipeline running close to the boundary on ‘Lot 4’. In fact, the only physical indication of such a shallow laid pipeline was in ‘Lot 5’ by way of a marker board. ‘Lot 5’ was a considerable distance from ‘Lot 4’ and the location of the incident. Initially unknown to BSH, a letter had been sent by Cadent on the 9th May 2022 to the ‘owners’ of the farm at the farmhouse, and not to BSH. The letter did eventually reach BSH and it referred to an easement consisting of a 12ft strip on the farm containing a gas pipeline. The easement / plan was not provided to BSH from the occupiers of the farmhouse at this time. Unfortunately, the co-defendant specialist contractor had not undertaken any searches before commencing his work in March 2022; which included using a post-driver to fix the posts. Further, BSH failed later in May 2022, to notify the contractor of the letter so that the work could have been suspended and searches undertaken. On the 21st June 2022 at approximately 11am, the contractor was operating the post-driver when on its second drive, struck the medium pressure pipeline causing an explosion. No injuries were recorded. There was guidance for Cadent Gas Ltd supporting the Pipelines Safety Regulations 1996. It should be noted that Cadent Gas was not prosecuted. In the result, BSH was a ‘Small’ organisation with a turnover between £2m - £10m. Following submissions, which focussed upon the context, ‘Steps Three & Four’ of the Sentencing Guidelines, the absence of any relevant previous convictions and the timely plea, a fine of £26, 667 was imposed, together with costs of just over £3,000 and time to pay. The contractor as an individual was also fined subject to his means, and ordered to pay costs. Peter was instructed by Steven Harrison, Legal Director at DAC Beachcroft Birmingham on behalf of BSH Ltd.        https://lnkd.in/eCPMjmYN

Peter Smith represents BSH following the evacuation of 30 homes in a Derbyshire village Cadent Gas Ltd was responsible for the gas pipe network system relevant to the incident which took place on the 22nd June 2022 at BSH’s farm. BSH purchased a farm in January 2021 consisting of ‘5 Lots’ amounting to 122 acres. The farmhouse did not form part of the purchase. In March of 2022, BSH took on a specialist independent fencing contractor to construct a significant amount of fencing around the farm.  The contractor was a co-defendant, and as a contractor, was subject to regulation 25(4) of CDM 2015 in relation to underground services. BSH was charged with a breach of section 3(1) of the Health and Safety at Work Act 1974 in relation to the underground services and those not in its employment who might be impacted by the conduct of its undertaking. The fencing work commenced in March 2022 and BSH had no knowledge of a shallow dug and covered gas pipeline running close to the boundary on ‘Lot 4’. In fact, the only physical indication of such a shallow laid pipeline was in ‘Lot 5’ by way of a marker board. ‘Lot 5’ was a considerable distance from ‘Lot 4’ and the location of the incident. Initially unknown to BSH, a letter had been sent by Cadent on the 9th May 2022 to the ‘owners’ of the farm at the farmhouse, and not to BSH. The letter did eventually reach BSH and it referred to an easement consisting of a 12ft strip on the farm containing a gas pipeline. The easement / plan was not provided to BSH from the occupiers of the farmhouse at this time. Unfortunately, the co-defendant specialist contractor had not undertaken any searches before commencing his work in March 2022; which included using a post-driver to fix the posts. Further, BSH failed later in May 2022, to notify the contractor of the letter so that the work could have been suspended and searches undertaken. On the 21st June 2022 at approximately 11am, the contractor was operating the post-driver when on its second drive, struck the medium pressure pipeline causing an explosion. No injuries were recorded. There was guidance for Cadent Gas Ltd supporting the Pipelines Safety Regulations 1996. It should be noted that Cadent Gas was not prosecuted. In the result, BSH was a ‘Small’ organisation with a turnover between £2m - £10m. Following submissions, which focussed upon the context, ‘Steps Three & Four’ of the Sentencing Guidelines, the absence of any relevant previous convictions and the timely plea, a fine of £26, 667 was imposed, together with costs of just over £3,000 and time to pay. The contractor as an individual was also fined subject to his means, and ordered to pay costs. Peter was instructed by Steven Harrison, Legal Director at DAC Beachcroft Birmingham on behalf of BSH Ltd.        https://lnkd.in/eCPMjmYN

We are delighted to welcome Miss Megan Tollitt back to Chambers today following her recent maternity leave. Megan is an established and versatile practitioner, specialising in Regulatory and Criminal work. Megan has developed a busy criminal practice. She is a Level 3 CPS Panel Advocate and is routinely instructed to prosecute and defend across a wide range of criminal offences – including violence, sexual offences, drugs, fraud and theft-related offences. Megan also has experience representing defendants in the Youth Court and has appeared before the Parole Board. Megan’s detailed knowledge of cases has been recognised and she is noted for her advocacy and courtroom manner. In her Professional Discipline work, Megan accepts instructions at different stages of fitness to practise proceedings and has experience acting both for the regulator and individual practitioners. Megan appears for the General Medical Council at review hearings. She has defended in contested fitness to practise proceedings brought by Social Work England and responded to an interim order application made by the Nursing and Midwifery Council.  For information regarding instructing Megan, please contact a member of the clerking team on 0161 214 6000 or via our email: pkelly@deanscourt.co.uk View her profile here:- https://lnkd.in/ecW_Gp9a

Christmas has arrived at DCC this week! Our thanks also to AFG LAW for the fantastic chocolate advert calendars which are helping us all get into the festive spirit!