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Chambers hosts conference of Local Government and Education law

A conference was held on 14th September in Brighton for local authority lawyers practising in the field of education.

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1COR Hosts 2017 Court of Protection Conference

Chambers hosted a conference in Brighton on 14th September on recent developments in the Court of Protection with Local Government Lawyers from the Orbis Group covering Surrey, East and West Sussex and Brighton and Hove City Council. 

The Conference was Chaired by Richard Ager and opened by Dominic Ruck-Keene who started the event with a case update.
The Conference then heard from Martin Downs on Costs, Public funding and Human Rights claims and Richard Ager on case management and proportionality.

Richard Ager then led a discussion and was joined by Amelia Walker
The Conference also had the benefit of a paper by Jeremy Hyam QC as to whether there has been some recent dilution of the acid test of deprivation of liberty.

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1 Crown Office Row holds annual Public Law Seminar on the theme of Life, Liberty and Security

Chambers held its annual Public Law Seminar at King’s College London on 11th September 2017.

The event began with a Panel Discussion chaired by Mrs Justice Whipple which drew on some of the strands of Life, Liberty and Security

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Adam Wagner gives interview to BBC on Grenfell Fire Inquiry opening

Adam Wagner was interviewed by Vanessa Feltz on her BBC London Breakfast show today on the opening of the Grenfell Tower Public Inquiry. He discussed the nature of public inquiries, what people can expect from the process and how criticisms could be addressed.

Adam has acted in three major public inquiries - see his profile here [PLEASE ADD LINK].

You can listen to the interview here, from 8 minutes 30 seconds:

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Adam Wagner gives keynote to Holyrood Human Rights Committee

On Monday 4 September Adam Wagner gave a keynote address to the Scottish Parliament’s Equality and Human Rights Committee at their annual planning day.


Adam spoke to the group of Members of the Scottish Parliament about public perceptions of human rights and how to build a human rights culture across the United Kingdom. He spoke about his experience in setting up the multi-award-winning human rights charity, RightsInfo and how human rights can better be communicated to the public.

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Duncan Fairgrieve compiles influential report on Discount Rate as part of MoJ Review

Duncan Fairgrieve, a 1COR door tenant is the co-author of a briefing note on comparative law under the auspices of the British Institute of International and Comparative Law which was commissioned by the Ministry of Justice as part of its review of the Discount Rate in Personal Injury cases. 
The research examined the setting of the discount rate in a number of key jurisdictions across the globe, including Australia, Canada, France, Germany, Hong Kong, Ireland, Spain and South Africa. The research showed that there was a wide variety of rates and approaches in the jurisdictions covered. 
The Government’s Response to the consultation this week referred in detail to the comparative law work as part of a paper expounding a proposed new approach to the Discount Rate. To access the comparative law study, see: 

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1 Crown Office Row is pleased to welcome new tenant Michael Paulin

1 Crown Office Row is pleased to welcome new tenant, Michael Paulin 

1 COR are delighted to welcome a new tenant, Michael Paulin (called 2007).  

Michael Paulin is a barrister specialising in tax litigation and tax dispute resolution, employment law and public law.  He has also been instructed in a number of judicial review claims involving HMRC. Michael is a member of the Attorney General’s ‘C’ Panel of Counsel. 

Please see his profile here. 

Connect with Michael Paulin via Linkedin here. 

For further information please contact the 1COR Clerking team

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Life, Liberty and Security - 1COR Public Law Seminar - Sept 11th 2017 5pm - 8pm

1 Crown Office Row, Flagship Public Law Seminar - Sept 11th 2017 

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Owain Thomas QC wins VAT case for woodland charity

Owain Thomas QC successfully represented Will Woodlands, a private woodland charitable trust in an appeal against HMRC's decision to resile from a business/non-business method for the recovery if input tax incurred in the running of several large woodland estates. HMRC sought to restrict the input tax incurred in running the woodland on the basis that some of that input tax related to a non-business activity whereas historically only areas devoted to free grazing had been the subject of any restriction. Instead HMRC proposed a method based on income where the level of income sales of timber was compared with the level of income from grants and investments in order to derive a percentage recovery. The case therefore amounted to a full scale challenge to the ability of charities to recover input tax where the ultimate purpose of the economic activity is charitable and where the business may not be immediately or ever profitable. Further HMRC's challenge was based at least in part on viewing the subsidies received as providing a basis for restricting input tax recovery. The FTT dismissed HMRC's objections to the method and upheld Will Woodlands' position. It discussed many of the recent cases include the CJEU judgment in Sveda (where Owain represented the UK) on the scope of input tax restriction for non economic activities for environmental facilities to which the public have free access and decided that the woodland business was run along conventional business lines and was therefore to be considered as economic activity and that therefore no restrictions of the type asserted by HMRC were warranted.

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Sarah Lambert successful recovering damages for secondary victim

Sarah Lambert has been successful in recovering damages by way of an agreed settlement on behalf of a “Secondary Victim”. The claim was for psychiatric injury suffered by the father of baby Frank Gamble, the Claimant’s firstborn son, who was born on the 18th of April 2012 and died the same day from injuries sustained during a trial instrumental delivery.

The 2017 Chambers UK Bar Awards - Nominations

This year 1 Crown Office Row have been nominated for Professional Discipline Set of The Year in the Chambers UK Bar Awards. 

The Awards will take place at The Hilton, Park Lane, on Thursday 26th October 2017 and we look forward to hearing the results.

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Jo Moore joins Sport Resolutions pro bono panel

Jo Moore has been appointed to a panel of sports lawyers working with athletes across the UK.

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Lizanne Gumbel and Robert Kellar succeed in establishing vicarious liability of bank for sexual assaults

Lizanne Gumbel QC and Robert Kellar were successful in establishing that Barclay's bank were vicariously liable for any sexual assaults committed by a GP in the course of pre-employment health checks.

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1COR's David Hart QC Comments In The Times On Brexit Plans

l law, was quoted in The Times on how Brexit plans might affect individuals and firms in the UK.

Asked about how new plans might affect the rights on individuals and companies, he said,

“This seems to be a blatant way of government seeking to avoid responsibilities. If you take an area like pollution it means that the government will escape any liability under the Francovich principle for past and future breaches.”

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1COR's Emma-Louise Fenelon successfully represents NHS Trust in NAI case

Emma successfully represented an NHS Trust at a fact-finding hearing to determine the cause of multiple fractures to a minor, M.  The case, M (Care Proceedings: Finding of Fact Hearing: Fractures) [2017] EWFC B50 (14 July 2017) involved allegations made against several Trust employees by the minor’s parents.


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Law Pod UK Episode 8 Radicalisation and Child Protection Interview With Marina Wheeler

1 Crown Office Row has just released the 8th Episode of their regular podcast, Law Pod UK.

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Philip Havers QC and Adam Wagner successful in High Court Securitas Raid repatriation Judicial Review

The High Court has ruled that a decision refusing to send an Albanian prisoner back to his home country to serve the remainder of his sentence was unlawful. The decision has been quashed and the Minister will now have to make a further decision as to whether he should be sent back to Alabania

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Oliver Sanders QC and Amelia Walker win double success for Home Office in extremism JR

Human Rights 
Adam Wagner acts in Court of Appeal prisoner right to liberty case

The Court of Appeal has found that a “culpable” three and a half month delay in facilitating the release of a former prisoner did not breach Article 5 of the European Convention on Human Rights.


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Breakfast Briefing Immigration Rights for Vulnerable Asylum Seekers

1 Crown Office Row held an informal and lively Breakfast Briefing for a group of instructing solicitors in Chambers on 18th July 2017.

The event was chaired by Sarabjit Singh, who has developed great expertise in the field of immigration law as a member of the Attorney General’s A Panel of counsel and also acting for claimants.  The speakers were Alasdair Henderson and Paul Reynolds.

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The 2017 1 COR Annual Magazine The Bundle Now Available for Clients and Colleagues

1 Crown Office Row produces a magazine each summer comprising news and a review of the key cases and legal work undertaken by Members of Chambers.

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Blood Contamination Inquiry: Adam Wagner instructed by victims in Judicial Review

The UK Prime Minister, Theresa May, has called for a UK-wide inquiry into the cause and fault of the infection of blood samples held by the NHS in the UK.

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Philip Havers QC leads Adam Wagner in High Court Securitas Raid repatriation Judicial Review

Philip Havers QC and Adam Wagner are acting for Jetmir Bucpapa, a 35-year-old Albanian, who was jailed in 2008 for his role in a £53 million armed raid at a Securitas depot in February 2006.  He was convicted on kidnap, robbery and firearms charges in 2008.

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Martin Downs in Re W (No. 4) President dismisses application to set aside Adoption for non-disclosure

The President of the Family Division has handed down Judgment in Re W (A Child) (No 4) [2017] EWHC 1760 (Fam) (10 July 2017)

This is the fourth Judgment of the President in this extraordinary case which has already been heard twice by the Court of Appeal. The Court dismissed applications by the father to set aside an adoption/prevent the removal of a child from the jurisdiction and an application for post-adoption contact after an evening hearing of the High Court on 6th July 2017.

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Matthew Hill helps family obtain neglect finding at inquest into respite care death

Matthew Hill helps family obtain neglect finding at inquest into respite care death

Emily Bushaway was a 21 year old woman with Niemann-Pick Disease, a rare genetic condition that left her wholly dependent on others for all of her needs.  She received excellent care from her family and a team of trained, specialist nurses at  her home.  She also received respite care at Helen and Douglas House, a charitable care home in Oxford. 

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Supreme Court hears appeal in Robinson v Chief Constable of West Yorkshire considering again the Hill immunity and liability for the police in negligence

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Court rules Saudi arms sales lawful, Angus McCullough QC appears as Special Advocate

Campaign Against Arms Trade (CAAT) brought a Judicial Review challenge to the UK Government’s licensing of arms sales to Saudi Arabia.  The case was heard by the Divisional Court (Lord Justice Burnett and Mr Justice Haddon-Cave) in February 2017.

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3 1COR Barristers Speak to Members of Stationers Crown Woods Academy

Today, 3 of 1COR’s barristers visited Stationers Crown Woods Academy in Eltham, London to speak with the pupils at the school about becoming a barrister and life as a barrister.

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William Edis QC Argues Michalak Before the Supreme Court

William Edis QC, leading Adam Ohringer of Cloisters, appeared on 4 July 2017 before the Supreme Court to argue on behalf of Dr Ewa Michalak that the General Medical Council’s appeal against the Court of Appeal’s ruling should be dismissed. The case concerns the construction of s. 120 (7) of the Equality Act 2010 and will decide the proper forum for bringing disputes against Qualifications Bodies – of which the GMC is one – where the complaint is made of a breach of the terms of the Act.

Judgment was reserved.

The Court of Appeal’s judgment is reported at [2016] ICR 628 and is available online at

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1 Crown Office Row promotes access to the Bar

On Saturday 1st July, nearly 200 young people graduated from the Sutton Trust’s Pathways to Law programme.

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Raising money for London Legal Support Trust

David Lewis-Hall, Sophie Evans and Kate Richmond took part in the Brighton Legal Walk on Monday 26 June, raising money for London Legal Support Trust.  LLST is a charity that raises funds for advice agencies in and around Brighton, including the Citizens Advice Bureau, Brighton Housing Trust, the Money Advice Service and the Disability Advice Service.  The team were lucky with the weather again this year, 10k flies by when you’re by the seaside!  So far, the team have raised £155 for LLST, but there is still time to donate.

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Third Six Pupil Vacancy at 1COR

We are a leading civil law set, regularly rated in the top 20 sets in England. We are particularly well known for our expertise in public law and human rights (we run the UK Human Rights Blog), as well as medical law (clinical negligence and personal injury), professional disciplinary, and environmental work. Indicators of excellence are the high number of our Members on the Attorney General’s Panels, the number of QCs (24, including 6 female silks) and the number of former Members now in the senior judiciary.

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Amy Mannion promoted to A panel of the Attorney General's Panels of Counsel

1 Crown Office Row is delighted to announce that, effective from 1 September 2017, Amy Mannion has been promoted from the B panel to the A panel of the Attorney General’s Panels of Junior Counsel to the Crown. Her appointment will last for a period of five years.

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Pritesh Rathod successful in High Court trial (Scaddon v Morgan (2017))

Pritesh Rathod successfully represented the Claimant in a High Court trial relating to negligent treatment given to her by a Consultant Gynaecologist.  Mrs Scaddon proved that at a private gynaecology appointment, Mr Morgan negligently failed to see that she had in fact suffered a prolapsed uterine fibroid.  This was not diagnosed until around 7 months later, whereupon Mrs Scaddon underwent a hysterectomy to remove the fibroid.  The Court was required to consider evidence about the doubling times of cancerous and non-cancerous tumours, before going on to find that it was likely that the fibroid had prolapsed at the time of Mrs Scaddon's private consultation and so Mr Morgan should have seen it if exercising reasonable care.

Professional Discipline 
Clodagh Bradley QC Interviewed for Comment By BBC South East

Clodagh Bradley QC comments to BBC South East’s reporter Leanne Rinne about struck-off doctor Michael Sheill who was filmed performing botox consultations. 

Professional Discipline 
1COR Annual Professional Discipline Seminar June 7th 2017

Last night saw a stellar line up of some of 1 Crown Office Row’s finest speakers at the Royal College of Surgeons, discussing the latest developments in Professional Disciplinary law.Last night saw a stellar line up of some of 1 Crown Office Row’s finest speakers at the Royal College of Surgeons, discussing the latest developments in Professional Disciplinary law.

Human Rights 
The Times reports on Chambers extremism cases

Frances Gibb has written in The Times (£) about the number of cases being heard in the Family Division concerning extremism. The piece features quotations from Mr Justice Hayden in A Local Authority v Y [2017] EWHC 968 (Fam) (27 April 2017) where Martin Downs appeared for the Local Authority instructed by Natasha Watson of Orbis Law.

Clinical Negligence 
Clinical negligence and the duty to disclose: full house of 1COR members in high profile Court of Appeal case

Five members of chambers appeared before the Court of Appeal in ABC v St George’s Healthcare NHS Foundation Trust and others.

Inquests & Coroners 
Perepilichnyy Inquest Opens

Peter Skelton QC and Robert Wastell are acting as Counsel to the Coroner in the Inquest into the death of Alexander Perepilichnyy

Employment & Equality 
Oliver Sanders QC in Supreme Court equality case about probation hostels for women

Across the country there are 94 “approved premises” for men and six for women, reflecting the overall 19:1 ratio of male:female prisoners. However, the smaller number of hostels for women offenders means they are more likely to be located farther from their home areas.

Amy Mannion successful for HMRC in discharging a High Court injunction

Mr Justice Haddon Cave overturned an injunction against HMRC which had been in place for over a year, holding that the balance of convenience had ‘decisively shifted’ in favour of discharge.

Human Rights 
Adam Wagner instructed by victims of contaminated blood scandal

Specialist lawyers Specialist lawyers have joined with victims of the NHS contaminated blood scandal of the 1970s and 1980s to give their support to calls from a charity and an MP for a full statutory inquiry to finally be held into the issue.iry to finally be held into the issue.

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Second donation of royalties to the Bar Pro Bono Unit from the Inquest Book

The co-editors and aThe co-editors and authors of the “Inquest Book: The Law of Coroners and Inquests” (Hart Publishing, 2016) were delighted to make a second donation of royalties to the Bar Pro Bono Unit, bringing the total royalties donated to the Unit to nearly £2,000. We are very pleased to support the Unit’s  much-needed work, in particular at this time of legal aid funding cuts.  In her letter of thanks Jess Campbell, the Chief Executive of the Bar Pro Bono Unit, stated “We count One Crown Office Row as one of our most valued supporters”.

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Three Girls, BBC One Drama Based on the True Stories of Victims of Abuse in Rochdale Airs May 16th, 17th and 18th.

New BBC One Drama Three Girls based on the true stories of victims of grooming and sexual abuse in Rochdale, Greater Manchester is due to air this week.   The girls were succesfully represented by Justin Levinson of 1 Crown Office Row in their compensation claims against Rochdale Council.  The programmes will air Tuesday May 16th at 21:00 BST then Wednesday and Thursday at the same time.

Human Rights 
Philip Havers QC and Neil Sheldon succeed in Supreme Court on Art 8 Rights case

Philip Havers QC and NPhilip Havers QC and Neil Sheldon appeared for the Crown Prosecution Service (CPS) in SXH v CPS. The Supreme Court held that Article 8 of the Convention did not apply to the CPS’s decision to prosecute.

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1 COR are recruiting new tenants with Clinical Negligence expertise

Pressure of Clinical Negligence work means that we are looking for energetic, experienced and able prospective tenants of seven or more years call with well-established practices solely or mainly within this ps

Jeremy Hyam QC successful in Court of Appeal VAT case concerning Talacre 'carve out'

Jeremy Hyam QC has successfully defended HMRC in this important appeal concerning the circumstances when a member state can carve out “concrete and specific” parts of a wider supply, and apply different rates across a CPP single supply: see (Case C-251/05) Talacre Beach Caravan Sales Ltd v Customs and Excise Comrs  [2006] STC.  The issue in the case was whether Parliament intended that the ‘concrete and specific’ supply of fuel (electricity) for static caravans in the course of the wider supply of serviced holiday accommodation attracted the reduced rate. The Court of Appeal unanimously rejected the Appellant’s arguments that that was Parliament’s intention for the reasons given by HMRC.

Colaingrove Ltd v. HMRC [2017] EWCA Civ 332

Jeremy Hyam QC was instructed by HMRC.

Amy Mannion to appear in Court of Appeal in alcohol wholesaler judicial review and injunction cases

Amy Mannion has successfully defended HMRC in three High Court injunction judicial reviews.   The applicants (all protected by anonymity orders) were businesses who had been refused registration under the Government’s new alcohol duty fraud measure, the “Alcohol Wholesalers’ Registration Scheme”.  Without registration they will no longer be able to wholesale alcohol. 

Human Rights 
Martin Downs in new Radicalisation Judgment about protecting older children and vulnerable adults

Mr Justice Hayden has just handed down a new Judgment concerning safeguarding those at risk of radicalisation: A Local Authority v Y [2017] EWHC 968 (Fam) (27 April 2017)

The Judgment focuses on young people in the 14 – 18 age range and vulnerable adults who face risks of death and or exposure to degrading and inhuman treatment. 

Human Rights 
Oliver Sanders QC in Court of Appeal case about damages for judicial mistakes

The Court of Appeal gave judgment in LL v Lord Chancellor [2017] EWCA Civ 237 on 10 April 2017 (Longmore, Jackson and King LJJ).

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