Sophie Mitchell

Reputation, Privacy / Article 8 Torts

• Defamation;
• Malicious Falsehood;
• Harassment;
• Data Protection;
• Breach of Confidence;
• Misuse of Private Information;
• Human Rights.

Sophie has gained a reputation for being the Northern go-to defamation junior. She regularly acts for high profile individuals, companies and the press. As Treasury Counsel, Sophie acts for the Government in sensitive privacy matters. She often represents the police. She had sole conduct of one of the only defamation trials by jury at Leeds High Court. Sophie is able to provide urgent advice about injunctive relief.

Recent Case Examples:

W v CC of X Police – Sophie was urgently instructed to draft a Defence for the police, denying that a press release was defamatory; it was true, fair and privileged. The case settled shortly after the Defence had been served on the Claimant as he decided not to pursue his claim.

R v P – Sophie advised R, an elected,high-profile individual, following comments made in Parliament which were twisted by a whistle blower seeking to blackmail R.

D & Others in a Representative Capacity v S – Sophie acted for over 50 Claimants (corporate and personal) suffering harassment, advising on an urgent basis, drafting documents and successfully appearing in the High Court for an urgent injunction.

M v S – Sophie advised M, a well-known international businessman, accused of corruption. Sophie successfully pursued the case through to trial, resisting defences of truth, honest opinion and qualified privilege, securing M damages, a retraction / apology in his favoured terms and full costs on an indemnity basis.

D& Others v S – Acting for D& Others, a worldwide chain of companies and personal Claimants, suing for defamation, malicious falsehood, data protection/privacy breaches, following a social media campaign accusing D& Others of fraud, falsely alleging that their products breached safety standards.

S v Y – Advising and successfully settling an action for S, a locksmith falsely named and shamed by a national newspaper as a burglar and one of the region’s ‘most wanted criminals’, preventing his ability to trade.

P v R – Advising P, maliciously accused of being a paedophile.

Professional Negligence

Sophie acts in professional negligence cases, particularly those in her fields of practice.

Recent Case Examples:

Carters & Otr v Irving &Otr[2017]2DS 24 (HC IoM, Staff of Government Appeal Division) – Appeared in the IOM Appeal Court before two chancery Lord Justices, successfully resisting an appeal and claiming indemnity costs. Issues arose about:

• The ‘reflective loss’ principle;
• The winding up of companies;
• Recoverability of personal loss / tortious test of foreseeability;
• Concurrent contractual and tortious duties;
• Indemnity costs.

Irving & otr v Carter t/a Carters &otrs[2017] ORD 19 (HC IoM) – Successfully appeared in a 5-day trial in the High Court, taking over the case from a silk at short notice. The case involved an advocate’s breach of contractual / tortious duty and contributory negligence.

Irving & otr v Carter t/a Carters &otrs[2018] ORD 19 (HC IoM) –Sophie successfully sought £75,000 costs on account following a liability trial, pending the trial on quantum.

Personal Injury & Clinical Negligence

Sophie undertakes Claimant and Defendant work, encompassing EL/PL/RTA/credit hire fast track cases through to significant claims involving life changing injuries. As Treasury Counsel, Sophie regularly defends on behalf of the Government. Sophiehas notable experience for dealing with complex medical evidence, drafting questions to and cross-examining medical experts. Sophie regularly attends interim hearings/applications: CCMC’s, relief from sanction, strike out/summary judgment and complex costs/QOCS arguments.

Sophie provides bespoke training to her instructing solicitors about capacity, vulnerability and mental health.

Recent Case Examples:

L v X Council – Advising parents in a fatal accident claim following the tragic death of their child on a school trip abroad, involving jurisdictional issues and vicarious liability of the school.

SK v X NHS Foundation Trust – Settling a fatal medical negligence claim in excess of £250,000, where doctors had failed to diagnose cancer.

NC v NL Limited – Acting for a claimant who suffered serious facial injuries following an attack in a nightclub by a doorman, involving a dispute over vicarious liability of the club.

Kimathi v Foreign and Commonwealth Office [2018] (‘the Mau Mau litigation’) -The case made national news here and in Kenya.

Sophie is being led in one of the largest civil claims, representing around 30,000 Kenyan Nationals claiming for trespasses to the person arising out of the actions of the British Colonial Administration during the 1952 State of Emergency in Kenya. The Court is being asked to exercise its discretion under s.33 of the Limitation Act 1980.

Sophie has unique experience of handling many of the Part 35 Questions asked of the numerous Physicians and Psychiatrists involved in the case, challenged about injuries such as malnutrition following detention camp mistreatment, scars from beatings / torture, rape and psychiatric illness. Sophie successfully led a Consultant Psychiatrist (who had not diagnosed an illness) to reconsider her opinion and make a diagnosis of Post-Traumatic Stress Disorder. Sophie was junior in Court for around 4-weeks during cross-examination of the experts.

The case has Sophie particular experience of the complexities of Group Litigation.

Kimathi v Foreign and Commonwealth Office [2016] EWHC 3005 (QB))– Sophie argued, on behalf of around 500 clients, the first reported case to consider the date of issue of a claim in Group Litigation when a Claimant had deceased prior to entry onto the register. It had important limitation consequences.

Kimathi v Foreign and Commonwealth Office [2017] EWHC 2703 (QB) – Sophie was ledon the application, concerning proposed amendments to injuries pleaded in individual particulars of claim in Group Litigation.

Kimathi v Foreign and Commonwealth Office [2016] EWHC 3004 (QB) – Sophie was led at the hearing,resisting the defendant’s application to cross-examine the 11 translators of the claimants’ witness statements.

Public & Private Children Law

Sophie is experienced in representing parents, local authorities, children and interveners in the Family Court and the High Court. Sophie is often instructed in cases involving serious allegations of physical, emotional and sexual abuse.

Sophie is a determined advocate, always prepared to fight her client’s corner. Her well-rounded practice enables her to quickly get to grips with complex medical evidence, sometimes from multiple experts.

As a recent client testimonial: “The proceedings have been the hardest thing that our family have ever been through… we are so glad we had you to guide us through the minefield”.

Recent Case Examples:

LA v J– Sophie cross-examined a Consultant Paediatrician on the cause, pattern and age of bruising to a child, successfully leading the expert to revise his opinion about the cause of one of the injuries from ‘non-accidental’ to ‘accidental’.

LA v Y– Sophie acted for a Local Authority at a final care hearing, seeking adoption orders. The Guardian’s final report rejected the Local Authority’s care plan. After Sophie’s cross-examination of the parents, the Guardian changed her recommendations to support the Local Authority, leading to adoption orders being made.

S v S – Successfully defending each of the 8 allegations of rape, violence and attempts to kill at a finding of fact hearing.

LA v J– Successfully applying, part way through a finding of fact hearing, for a Ground Rules Hearing to take place to determine special measures for her vulnerable client. All the measures sought were subsequently put in place before the trial continued, enabling her client to give evidence.

T v V– Acting for a father initially unable to see his children, right the way throughproceedings until successfully obtaining a shared care Order.

Frequently acting in cases involving complex, intractable contact and residence disputes, with allegations of implacable hostility.

Sophie’s Reported Cases

Carters &Otr v Irving &Otr[2017]2DS24 (HC IoM, Staff of Government Appeal Division)

Irving&otr v Carter t/a Carters &otrs[2018] ORD 19 (HC IoM)

Irving &otr v Carter t/a Carters &otrs[2017] ORD 19 (HC IoM)

Kimathi v Foreign and Commonwealth Office [2018] EWHC 2066 (QB) (‘the Mau Mau litigation’)

Kimathi v Foreign and Commonwealth Office [2017] EWHC 2703 (QB)

Kimathi v Foreign and Commonwealth Office [2016] EWHC 3005 (QB)

Kimathi v Foreign and Commonwealth Office [2016] EWHC 3004 (QB)