John Harrison KC leading Ayesha Smart and instructed by Chiver’s Solicitors have this week at Teesside Crown Court secured not guilty verdicts for their client who was charged with Murder along with six others. It was alleged that a gang who were armed with knuckledusters and coshes barged into the victim’s house and inflicted injuries including 15 rib fractures, skull and facial fractures, punctured lung and lacerations to the spleen. The victim was pronounced dead at the scene, found out more about the story here.
Robert Smith has this week settled a claim for a Claimant who suffered a serious leg injury, at JSM. The Claimant had been crushed by a crane at work on a site in London. The Claimant was unlikely to be in a position to return to his previous manual position, but to his significant credit had been able to return to full time employment in a light capacity. The case settled at JSM in excess of £400,000.
Temitayo Dasaolu has this week represented a defendant at Huddersfield Magistrates Court. He was charged with using a mobile phone while driving. This area of law has recently been considered by the High Court in DPP v Baretto [2020] 1WLR 599 where it was held that not all use of mobile phones while driving can be classified as criminal conduct. The phone must be performing an ‘interactive communicative function’ for example, live streaming, making or receiving calls etc. In my case, the Police officer’s evidence was that Mr Ali was observed removing his phone from the holder on the dashboard, holding it with his right hand to his right ear. The officer could not provide any evidence as to what in his view, Mr Ali was doing, even after stopping him and having a conversation with him about his actions. At the hearing, the Prosecution conceded that there was no evidence of him using the phone to perform an ‘interactive communicative function’ and made the decision to drop the case against Mr Ali.
Robert Smith represented an Applicant at a CICA appeal hearing in London in respect of a claim arising out of historic sexual abuse. The applicant had been subject to terrible abuse in the 1980s in a children’s home. She had lifelong PTSD and Depression as a consequence. She had never been able to hold down employment over and above a few short term contracts. She had only been awarded £16,000 in the first instance decision. On Appeal Robert Smith managed to secure her compensation of £78,000.
Richard Barraclough KC’s Jury retires in the re-trial for the manslaughter of Eloise Parry who died having consumed DNP a chemical used as a slimming agent which she bought from the internet. Richard Barraclough KC is instructed by the prosecution.
Temitayo Dasaolu appearing before HHJ Saffman at Leeds County Court this week was instructed on behalf of 2 clients who were making an Application to purge contempt Pursuant to CPR 81.31. They had been found to be in contempt of a Court Order by DJ Kelly in October 2019. The Background to the case was a dispute between the Applicants and a neighbour over a right of way/easement. The substantive proceedings date back to August 2018. The Applicants ignored the proceedings and failed to engage with the Court Order. They were therefore committed to a 6 month term of imprisonment. At the Application hearing, it transpired that the Applicants had failed to comply with a mandatory procedural requirement in the Civil Procedure Rules in relation to their application. I was able to persuade HHJ Saffman to dispense with that requirement. Further, after hearing submissions from Counsel on both sides, he ordered the immediate release of both Applicants from custody.
