Inquest into the death of a two day old baby concludes with a finding of neglect by an NHS Trust - Nov 2022
Iain O’Donnell has a common law and specialist criminal practice that encompasses child abuse compensation law, clinical negligence, general high-value personal injury, animal welfare, animal and medical related crime, sports law and public inquiries.
He is recommended by Chambers & Partners and Legal 500 as a leading junior.
Child Abuse Compensation LawIain acts in complex, historic abuse claims of every type. He has acted and is currently acting in high profile litigation, involving the following parties:
- Rolf Harris
- Cyril Smith
- Lord Greville Janner
- Independent Inquiry into Child Sex Abuse (IICSA) (Iain is instructed by the principal survivor group in the Janner module and also in the Residential Schools module)
- Aston Villa Football Club
- Chelsea Football Club
- Leicester City Football Club
- Queens Park Rangers Football Club
- The estate of Khyra Ishaq, deceased
Multi-party litigation
Iain acts for claimant groups in complex historic abuse claims of all types. He has acted and is currently acting for the following groups:
- Shirley Oaks Survivors group
- Medomsley Detention Centre group
- Rosminian Boys group (as detailed in the BBC documentary: ‘Abused –Breaking the Silence’)
- Beechwood Children’s Home group
- Beecholme Survivors group
He has brought successful claims against local authorities, private schools, the church, the scouts, the boys brigade and other defendant organisations as well as against abusers in person. Iain has given various lectures and seminars in the many legal issues that arise in child abuse claims, and has appeared in a number of the cases that have come to define this area of the law, the most recent of which is CN & GN v Poole Borough Council in which Iain acted for the Claimants, and in which the issue of whether private law claims in negligence can be brought against local authorities for the failures of their social services departments was addressed by the Supreme Court.
Selected Cases
- Racine v The Anglican Parish of St George, Wyke, (2) Chichester Cathedral (3) Bishop Luffa Church of England School: Achieved a 6-figure settlement for the victim of appalling and sustained childhood sexual abuse by a Chichester-based Anglican Priest.
- IICSA: Iain is acting currently for the main groups of Core Participants in the IICSA modules examining historic child abuse in the Roman Catholic Church, the Anglican Church and by the late Greville Janner. He is also instructed in the Child Sex Abuse in Residential Schools module, in addition to the Janner module.
- CN & GN v Poole BC[2019] UKSC 25.
- JXL & SXC v Winston Britton [2014] EWHC 2571 (QB).
Iain is instructed by a number of the main groups of Core Participants in the Independent Inquiry into Child Sex Abuse (IICSA).
He is acting currently for the principal groups of core participant survivors in the following IICSA modules:
- Child Sexual Abuse in the Roman Catholic Church
- Child Sexual Abuse in the Anglican Church
- The investigation into institutional responses to allegations of Child Sexual Abuse involving the late Lord Janner of Braunstone QC.
- Child Sexual Abuse in Residential Schools
Iain acts for claimants in clinical negligence and serious personal injury claims of all types, as well as in related inquests. He is instructed in high-value and multi-party actions, and has considerable experience of Article 2 inquests and CICA claims.
Iain acts frequently in inquests, usually for families in Article 2 inquests involving a jury. He acted for the MDU in the high-profile inquest touching the death of Boris Berezovsky, in which the distinction between the standard of proof required for the conclusion of suicide was considered in some detail.
Iain has taken numerous CICA appeals to the First-Tier Tribunal and has regularly obtained maximum available compensation for his clients (i.e. he has beaten the CICA ‘cap’ of £500,000) on appeal.
Iain has maintained a sports law practice throughout his time at the Bar. His sports law practice is principally claimant-based, and has tended to involve serious injuries sustained during competitive football matches. Iain won a recent claim that involved a very serious injury resulting from an excessive challenge sustained during a competitive football match, notwithstanding the fact that the claim was brought without the benefit of a supportive report from the match referee. He has also settled a sports claim involving a serious leg injury, notwithstanding the fact that the injury was sustained during a non-competitive polo match in unusual circumstances.
Iain has maintained a niche specialism in animal welfare law; he acts frequently for the RSPCA in criminal, public and civil matters, almost all of which involve an element of veterinary law and the close consideration of the often-convoluted body of animal welfare legislation. Iain’s specialist criminal practice includes prosecuting offences under the Animal Welfare Act 2006 for the RSPCA in animal cruelty cases. Iain increasingly undertakes prosecutions involving multiple defendants and the organised criminal activity of animal fighting.
He represented the RSPCA at all stages of the largest ever prosecution brought by the Society, RSPCA v Gray and others, which case resulted in multiple judicial reviews that set out the ambit and applicability of numerous sections of the Animal Welfare Act 2006.
Iain has advised the RSPCA on various areas of policy in the past, including advising on its status as a charity and the extent of its powers as a private prosecutor.
Selected Cases
- Regina v Jones & Knott (2021): Acted for a local authority bringing multiple prosecutions for offences of cruelty and breach of duty of care.
- RSPCA v Coffin & Coffin (2021): Prosecuted two Defendants for serious mistreatment of a dog.
- Represented RSPCA in landmark animal welfare case in Solihull (details here).
- RSPCA v McCormick & Ors [2016] EWHC 928.
- John Kent & Anor v Arun District Council & Fontwell Racecourse [2015] EWHC 2295 (Admin).
- Gray & Ors v Aylesbury Crown Court ex parte RSPCA [2013] EWHC 500; LTL (06/05/2010).
- Ward v RSPCA [2010] EWHC 347.
- RSPCA v Chester Crown Court ex parte Foster & Foster [2006] EWHC 1273 (Admin).
Iain acts in environmental law matters, both in public and private law proceedings, as well as undertaking environmental law work in the criminal jurisdiction within his specialist criminal practice.
Iain has acted in various types of environmental cases including the following:
- International environmental cases – most notably acting for Amnesty International as an interested party in the Trafigura litigation (involving the conspiracy behind the illegal dumping of toxic waste in the Ivory Coast);
- Environment Agency prosecutions – principally involving allegations of waste disposal and leakage under the Environmental Protection Act 1990, both for the prosecution and the defence;
- Environmental regulatory cases – Iain acted most recently in a regulatory matter involving the misuse of agricultural land brought by Natural England;
- EC Regulations-related private law actions – often involving EU Energy Provisions and Energy Directives.
Join us at the Bar Council Pupillage Fair on 15th October - Oct 2022
We're looking forward to seeing you all at the Bar Council Pupillage Fair on 15th October. Chat through what we do, who we are and a career at the Bar at our booth. Tune in to the Bar...
Iain O’Donnell achieves a 6-figure settlement for the victim of appalling and sustained childhood sexual abuse by Chichester-based Anglican Priest - Sep 2022
Iain O'Donnell has secured a 6-figure settlement in Racine v The Anglican Parish of St George, Wyke, (2) Chichester Cathedral (3) Bishop Luffa Church of England School. Iain acted for the claimant,...
Join us at the Bar Council Pupillage Fair on 16th October - Oct 2021
Looking forward to 'seeing' you all at the Bar Council Pupillage Fair on 16th October. Chat through what we do, who we are and a career at the Bar at our virtual booth. Read about pupillage during...
Iain O’Donnell joins roundtable on the Enforcement of Animal Welfare Legislation - Nov 2020
On 25th November Iain O’Donnell joins the All Party Parliamentary Group for Animal Welfare (APGAW) remote roundtable on the Enforcement of Animal Welfare Legislation. Iain and other expert speakers...
‘See’ you at the Bar Council Pupillage Fair 2020 - Oct 2020
Delighted to virtually join the Bar Council Pupillage Fair on 17th October. Chat through what we do, a career at the Bar and meet our barristers on the 2nd floor. Read about Rajkiran Barhey's...
IICSA Report into the Anglican Church released - Oct 2020
Iain O'Donnell has over the course of the last three years acted as lead counsel for the Slater & Gordon survivor groups, instructed by Richard Scorer, in the investigation conducted by the...
Independent Inquiry into Child Sexual Abuse investigates the abuse of children in the care of Lambeth Council - Jul 2020
The Independent Inquiry into Child Sexual Abuse (IICSA) is investigating whether there were child protection failures by public authorities regarding the abuse of children in the care of Lambeth...
Latest Independent Inquiry into Child Sexual Abuse report into The Roman Catholic Church Case Study published - Oct 2019
In October 2019, The Independent Inquiry into Child Sexual Abuse (IICSA) published their report on The Roman Catholic Church Case Study: English Benedictine Congregation looking at Ealing Abbey and St...
Independent Inquiry into Child Sexual Abuse hears evidence regarding child sexual abuse in the Anglican Church - Jul 2019
This week the Independent Inquiry into Child Sexual Abuse (IICSA) is hearing evidence regarding child sexual abuse in the Anglican Church, as part of the Inquiry’s wider investigation into...
Justin Levinson and Iain O’Donnell to provide a legal update APIL Abuse Conference 2019 - Jul 2019
Iain O'Donnell speaks about the ramifications of the Supreme Court decision in CN & GN v Poole Borough Council [2019] UKSC 25 at the APIL Abuse Conference 2019, held in conjunction with ACAL. He...
Protecting children from harm: CN & GN v Poole Borough Council - Jun 2019
Protecting children from harm: Supreme Court hands down key decision on tort of negligence. In an important decision on the liability of social welfare services and public authorities more generally,...
Iain O’Donnell, Matthew Donmall and Emma-Louise Fenelon act in important recent Independent Inquiry into Child Sexual Abuse (IICSA) hearing - Feb 2019
This week the Independent Inquiry into Child Sexual Abuse is hearing evidence regarding child abuse at Ealing Abbey and St Benedict’s School, as part of the Inquiry’s investigation into...
Seven 1COR members in landmark Supreme Court case - Jul 2018
The Supreme Court will today begin hearing the appeal in CN & GN v Poole Borough Council. The case will consider the extent to which local authorities owe a common law duty to protect from harm...
The Supreme Court has granted permission to the Appellants to appeal in the case of CN (1) & GN (2) v Poole Borough Council - Mar 2018
The Appellants are represented by Lizanne Gumbel QC leading Iain O’Donnell and Duncan Fairgrieve of 1 Crown Office Row, instructed by Leigh Day, and the AIRE CENTRE have instructed Philip Havers QC...
Iain O’Donnell succeeds in landmark Animal Welfare case in Solihull - Feb 2017
In December 2015, RSPCA inspectors armed with animal welfare warrants raided Pastures Farm in December 2015. They had been alerted by members of the public after various dogs bought from the farm died...
Iain O’Donnell in appeal on the definition of ‘animal fighting’ - May 2016
Iain O'Donnell acts for the RSPCA in appeal on the definition of 'animal fighting' - RSPCA v McCormick & Ors [2016] EWHC 928. The RSPCA sought clarification from the Divisional Court on the...
Iain O’Donnell wins in the Court of Appeal on a case involving causation, risk assessments and the interpretation of workplace regulations - Mar 2015
Iain O'Donnell wins an appeal of a case in which the Claimant had alleged that West Sussex County Council ('WSCC') stood to be found liable under the Management of Health and Safety at Work...
London and Brighton Members and clerks take part in the London to Brighton Bike ride - May 2014
A team of keen cyclists from both 1COR and COR Brighton are taking part in the London to Brighton Bike Ride on the 15th June. The team comprises: Elizabeth-Anne Gumbel QC, David Balcombe QC, John...
Iain O’Donnell obtains compensation on appeal for tetraplegic child at the CICA maximum of £500,000 - May 2014
Iain O'Donnell represented a tetraplegic child who had been subjected to the most appalling physical attack by her father when she was only 4 months of age. Her injuries were such that she was left in...
Iain O’Donnell has been instructed in the Inquest into the death of Boris Berezovsky - Mar 2014
Iain O'Donnell has been instructed in the Inquest into the death of Boris Berezovsky. The case has been widely reported in the press: The Guardian The BBC The Independant The...
Iain O’Donnell wins in a historic child abuse claim brought against a convicted paedophile - Feb 2014
Iain O'Donnell won in complex historic child abuse claim, the trial of which was heard by the Exeter County Court. He secured a substantial damages award for the chronic, historic sexual abuse to...
Iain O’Donnell wins in Court of Appeal in test case on occupier’s duty owed to pupils by schools – the “water fountain case” - Oct 2013
Iain O'Donnell represented West Sussex County Council in the Court of Appeal (Dyson MR, McFarlane LJ and Sharp LJ) in an important case on the occupier's duty owed to pupils by schools - West Sussex...
Iain O’Donnell in Court of Appeal in test case on occupier’s duty owed to pupils by schools - Oct 2013
Iain O'Donnell represented the West Sussex County Council in the Court of Appeal in an important test case on the occupier's duty owed to pupils by schools, the reserved judgment of which will be...
1COR team in the London Bikeathon supporting Leukaemia and Lymphoma Research - Sep 2013
In September, Lizanne Gumbel QC, David Balcombe QC, Iain O’Donnell, Matthew Donmall and our 2nd Junior Clerk John Mclaren, will be taking part in the London Bikeathon in support of Leukaemia and...
1COR appears in inquest on death of 13-year old schoolboy run over outside his school - Jul 2013
Pritesh Rathod appeared for the family in this Inquest and Iain O'Donnell for the Local Authority. Worth School was set over two sites and William was crossing the road (which at the time had a...
Iain O’Donnell prosecutes RSPCA case where horses and dogs were kept in the worst conditions vets had ever witnessed - Jun 2013
Iain O'Donnell secured convictions against a Defendant who was keeping horses and dogs in what were described by two of the four instructed expert veterinary surgeons as the worst conditions they had...
Iain O’Donnell succeeds in claim by former choir boy against the Church for abuse by a priest - Apr 2013
Iain O'Donnell has successfully represented a former choirboy who suffered years of abuse in the 1970s by a Church of England priest resulting in an award of 」200,000 in compensation. This award...
Robert Seabrook QC and Iain O’Donnell secure landmark win for the RSPCA on interpretation of the Animal Welfare Act 2006′ - Mar 2013
Robert Seabrook QC and Iain O'Donnell won an appeal in the Administrative Court that has established how the key sections of the Animal Welfare Act 2006 must be interpreted. Sections 4 and 9 of the...
Iain O’Donnell secures lifetime disqualification orders against two prolific and well-established cock-fighters - Oct 2012
Iain O'Donnell has secured lifetime disqualification orders against two prolific and well-established cock-fighters, following their convictions under the Animal Welfare Act 2006 for multiple offences...
New Appointments to the Attorney General’s A, B and C Panels – February 2012 - Feb 2012
We are delighted to announce the following new appointments to the Attorney General's Panels - Oliver Sanders to the A panel, Robert Wastell to the B panel and Adam Wagner to the C panel. The 23...
Iain O’Donnell, acting for the RSPCA, prosecutes woman who microwaved neighbour’s kitten to death - Dec 2011
On 23 November 2011 Iain O'Donnell successfully prosecuted a woman who microwaved her neighbour's kitten to death in a revenge attack. The severity of this act was such that on 14 December 2011 the...
Iain O’Donnell prosecutes one of the largest ever dog-fighting cases for the RSPCA - Oct 2011
Iain O'Donnell, instructed by Paddy Roche of Morgan Cole Solicitors, has successfully prosecuted one the most complex organised dog-fighting cases ever brought by the RSPCA, which was the result of a...
Iain O’Donnell transfers his practice from Brighton to London - Mar 2011
Iain O'Donnell (called in 2000) has practised from our Brighton Annexe since January, 2002 having completed his pupillage there. With effect from 28 March 2011, he has transferred his practice to...
Robert Seabrook QC and Iain O’Donnell in appeal of biggest ever animal welfare prosecution - May 2010