Tagbo 2

Dr Tagbo Ilozue

Year of Call: 2019
Email Address: tagbo.ilozue@3pb.co.uk
Telephone: 01962 868884

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Overview

Tagbo Ilozue joined Chambers in October 2020 after successful completion of his pupillage. He undertook a common law pupillage at 3PB’s Winchester centre in Personal Injury and Clinical Negligence under the supervision of Mark Lomas and in Criminal and Regulatory Law with David Richards.

He came to the bar from a career in medicine after working as a junior doctor in a variety of medical and surgical specialities. He continued working as a locum doctor while studying part-time for the BPTC and obtained the 7th highest mark in a cohort of over 400 students.

Tagbo also holds a doctorate in Developmental Biology from Cambridge and a BA in Philosophy and Psychology from Oxford. During his time in Cambridge, he taught anatomy and embryology to undergraduate medical students.

He chose the change to the law because he realised it would enable him to combine in one career the aspects he found the most rewarding from his experiences in science, his studies in philosophy, and his work as a doctor.

The core of Tagbo’s practice lies in the specialisms that were the focus of his pupillage, Personal Injury, Clinical Negligence, General Crime, and Public & Regulatory Law; further details on these areas of work can be found under the headings below.

However, his interests continue to encompass a broad range of Chambers’ practice areas and he is regularly instructed in a variety of commercial, construction, consumer, and property law matters. Examples of recent work in such fields include:

  • Advising a company in relation to liability, agency relationships and a claim for losses arising from demurrage fees after the buying company failed to collect items that were shipped abroad under a cost and freight sale of goods contract.
  • Advising, acting in an application hearing, and drafting the defence in a claim alleging breach of an exclusivity contract between a school and a wrap-around care provider.
  • Representing the defendants in a case management hearing for a multi-track claim alleging wrongful suspension of the claimants from a working men’s club.
  • Advising a claimant company on prospects and drafting the particulars of claim, reply, and draft directions in a multi-track claim for anticipatory breach of a sole agency contract.
  • Advising a claimant contractor on prospects and drafting the particulars of claim for a £20,000 claim for wrongful dismissal from a construction site.
  • Representing a claimant consumer in a dispute over domestic building work, in which damages in excess of the original invoice price were recovered for the cost of the remedial work required.
  • Advising a claimant on the prospects of success of a claim for damage caused by a tree that fell from a neighbour’s garden.
  • Advising a claimant company on the steps needed to progress a multi-track claim for the consequential losses arising from the supply of defective construction materials used in multiple kitchen installations.
  • Representing a defendant landlord in a claim alleging a failure to provide prescribed information (claim dismissed) and wrongful deductions from the deposit (the refund awarded by the court was less than the lowest refund offered by the defendant prior to the trial).

Expertise

  • Personal Injury
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    Tagbo Ilozue has amassed considerable experience in Personal Injury, acting for claimants and defendants in small and fast track claims, stage 3 hearings, infant settlements, and related applications. He appears regularly in the county court and maintains a busy paperwork practice, drafting pleadings and advising in relation to liability, quantum, and procedure.

    He has been instructed on cases involving:

    • Road traffic accidents
    • Credit hire
    • Employers’ liability
    • Public liability
    • Occupiers’ liability
    • Health and Safety regulations
    • Allegations of Fraud and Fundamental Dishonesty

    Notable recent cases include:

    D v A (2021) Fast Track RTA and credit hire
    Represented the defendant insurer and secured the dismissal of a claim (including £38,000 in credit hire fees) by a moped driver who accused the defendant’s insured of turning his car into the path of the claimant’s moped.

    S v A (2021) Fast Track RTA
    Represented the defendant insurer and successfully defended a claim for personal injuries from the driver and passenger of a car that collided with the rear of a lorry after the lorry changed lanes on a dual carriageway.

    R v N (2021) Small Claim RTA
    Represented the defendant, who was found likely to have contravened a traffic light but nevertheless held to have no liability for the subsequent accident.

    K v B (2021) Advice on an RTA claim
    Advised the claimant on liability and expert evidence in relation to an injury sustained after the sudden braking of a bus.

    W v B (2021) Small Claim RTA
    Represented the defendant driver in relation to an accident resulting from lane changes on a dual carriageway. Claim dismissed and judgment in full for the defendant on the counterclaim.

    P v N (2020) Small Claim RTA
    Represented the defendant lorry driver in a dispute arising from a collision with a car after the lorry moved off from a parked position. Claim dismissed.

    R v W (2021) Advice and drafting on an Occupiers’ liability claim
    Advised the claimant and drafted the particulars of claim for proceedings against three defendants arising from an injury sustained after a fall in a shopping centre.

    B v A (2020) Small Claim RTA
    Represented the defendant in a technical dispute over additional diminution in value of the claimant’s damaged vehicle over and above the cost of repair.

    F v S (2020) Fast Track RTA
    Represented the claimant cyclist in a trial on quantum.

    F v T (2020) Stage 3
    Represented the claimant, securing an award of £10,500 for a soft tissue neck injury.

    K v U (2020) Stage 3 and infant settlement
    Represented the claimant, securing an award of £8,500 for situational anxiety on a background of autism.

    G v P (2020) Fast Track RTA
    Represented the claimant, who was the driver of a car involved in a collision with a moped. Judgment in full for the claimant.

    C v D (2020) Fast Track application hearing
    Successful application for permission for the claimant to reply on additional psychological, orthopaedic, and dermatological expert evidence.

  • Clinical Negligence
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    Before he came to the bar, Tagbo Ilozue worked in emergency medicine, acute medicine and a variety of surgical specialities in a number of different hospitals across the country. He gained familiarity with multiple clinical fields, treated innumerable patients and worked alongside a large number of healthcare practitioners. He thereby gained an invaluable insight into the key matters lying at the heart of clinical negligence disputes.

    While working as junior doctor Tagbo achieved the rare distinction of completing the membership exams for both the Royal College of Surgeons and the Royal College of Physicians. His experience of research in a developmental biology laboratory, while working towards his PhD, enhanced his capacity for forensic analysis and ingrained a meticulous attention to detail that has translated into his legal practice.

    Tagbo acts for both claimants and defendants. His previous professional experience makes his involvement particularly helpful at a very early stage in the proceedings, to advise on whether the merits of a case are sufficient to justify the instruction of a medical expert and on the type of expert likely to be best qualified to assist the court.

    Recent work includes:

    2021

    • Advising the defendant on merits and quantum, and drafting the letter of response, in relation to a proposed claim for allegedly unnecessary hip revision surgery.
    • Advising the defendant regarding pre-action steps, and drafting the letter of instruction for the expert on liability and causation, in a proposed claim for allegedly negligent hip replacement surgery.
    • Advising the defendant in relation to pre-action steps in a proposed claim for an alleged failure to obtain informed consent prior to a haemorrhoidectomy.
    • Advising the claimant on the merits of a claim for perinatal injury due to the delayed diagnosis of breech presentation.
    • Advising the claimant on expert evidence in relation to a delayed diagnosis of hip dysplasia after birth.

    2020

    • Advising the defendant on quantum, on the amendments that needed to be made to the expert evidence, and on settlement offers in relation to a claim arising from the peri-operative management of anticoagulation therapy.
    • Advising a claimant on the merits of a claim in relation to the delayed diagnosis of an ectopic pregnancy.

    Tagbo welcomes instructions in all areas of medical and surgical practice.

  • Public and Regulatory
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    Tagbo Ilozue has a keen interest in public and regulatory law. He is a member of the Attorney General’s Junior Junior scheme and welcomes instructions on that basis.

    He is a co-author of the LexisNexis PSL practice note on the Fisheries Act 2020 and he has been instructed on multiple occasions to advise the Maritime and Coastguard Agency, both independently and as a led junior, in matters including:

    • Implementation of the Polar Code within domestic legislation.
    • Jurisdictional issues and potential offences arising from a collision at sea involving citizens of a British Overseas Territory who were operating a vessel in foreign waters.
    • The Victims’ Right to Review scheme for MCA prosecutions.

    Tagbo’s interests extend to the field of professional discipline, including regulation of the legal profession. He has been trained to present cases on the behalf of the NMC and will act for both regulators and registrants at fitness-to-practice hearings for any healthcare regulator. He has also advised in relation to a solicitors’ negligence claim, and he is keen to develop his practice to include disciplinary and negligence proceedings against solicitors and barristers.

    His medical background makes him particularly well suited to act in inquests. His work to date includes:

    Re: BW (2021)
    Representing the family in a 2-day inquest into the death of a patient shortly after he received an overdose of lorazepam in a drug administration error.

  • Crime
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    Tagbo Ilozue dedicates roughly half his time to his criminal practice. He is a level 1 prosecutor on the CPS General Crime Panel, and he defends and prosecutes in all areas of general crime, appearing regularly in the Magistrates’, Youth and Crown Courts.

    He has been instructed to advise and represent defendants and the Crown in matters involving:

    ABH, affray, breach offences (CO, SSO, RO, CBO, Bail, SHPO, and notification requirements), burglary, common assault and battery, criminal damage, domestic violence, drugs offences, fraud, harassment, malicious communications, public disorder, regulatory offences, road traffic offences, sexual offences, theft, and violent disorder.

    Selected recent cases include:

    B v B (2021) Committal application – unpaid council tax liability orders
    Instructed by the prosecuting local authority in this pending application for committal to prison for failure to pay nearly ten years of council tax debts, to be heard at Poole Magistrates’ Court.

    R v R (2021) Being concerned in the supply of class A drugs
    Instructed as defence trial counsel in this pending trial to be heard in the Crown Court at Portsmouth.

    R v J (2021) Violent Disorder
    Instructed as defence trial counsel in this pending multi-handed trial to be heard in the Crown Court at Southwark.

    R v Z (2021) Assault by beating of an emergency worker
    Instructed as defence trial counsel in this pending trial to be heard in the Crown Court at Newport (IOW).

    R v C (2021) Engaging in a commercial practice which is a misleading action
    Represented the defendant in a plea and sentencing hearing in the Crown Court at Winchester.

    R v D (2021) Improper use of communications network
    Represented the defendant in trial at Salisbury Youth Court, making a successful submission of no case to answer after the close of the prosecution case.

    R v T (2021) Application to vacate plea - ABH
    Represented the defendant in a successful application to vacate a guilty plea to a charge of assault occasioning ABH, following committal for sentence to the Crown Court at Newport (IOW).

    R v T (2021) Multiple burglaries, theft, assault on an emergency worker, and battery
    Represented the defendant in a committal for sentence in the Crown Court at Winchester. Persuaded the court to suspend the custodial sentence.

    R v S (2021) Production and PWITS Cannabis
    Represented the defendant in a committal for sentence in the Crown Court at Winchester. Category 3, Significant role. Suspended sentence.

    R v L (2021) Application to vacate plea - Fraud
    Represented the CPS in successfully resisting this application to vacate a guilty plea following conviction and sentence in the magistrates’ court, heard in the Crown Court at Bournemouth.

    R v B and others (2021) Affray and Resisting a Constable
    Prosecuted this sentencing hearing in the Crown Court at Bournemouth, involving detailed analysis of CCTV and legal argument on determining harm in the absence of victim witness evidence.

    R v Y (2021) Speeding
    Represented the defendant in a successful plea of exceptional hardship at Brighton Magistrates’ Court, avoiding a totting up disqualification.

    R v S (2021) Criminal damage
    Represented the defendant in a trial at Salisbury Magistrates’ Court, securing an acquittal.

    R v H (2021) Concerned in supply of and production of cannabis
    Prosecuted the sentencing hearing in the Crown Court at Newport (IOW).

    R v B (2021) Burglary
    Prosecuted the sentencing hearing in the Crown Court at Newport (IOW).

    R v S (2020) Failure to stop and report an accident and Careless driving
    Plea in mitigation at sentencing hearing at Oxford Magistrates’ Court, disposed of with a fine and penalty points.

    R v H (2020) Harassment
    Represented the defendant in trial at Southampton Magistrates’ Court; successful submission of no case to answer after close of the prosecution case.

    R v R (2020) Harassment, breach of RO x2, breach of SSO imposed for previous harassment
    Plea in mitigation at Southampton Magistrates’ Court for a vulnerable defendant; persuaded the district judge to impose a community order.

    R v B (2020) Assault by Beating (domestic violence)
    Prosecuted trial at Southampton Magistrates’ Court, involving successful legal argument to admit hearsay evidence as res gestae and refuse a s.78 PACE application to exclude it. Guilty verdict.

    R v H (2020) Assault by Beating and Criminal damage (domestic violence)
    Prosecuted trial at Portsmouth Magistrates’ Court. Guilty verdict on the assault.

    D v R (2020) Failure to provide specimen and driving while disqualified
    Represented the defendant in an appeal against sentence in the Crown Court at Leicester.

    R v W (2020) Assault by beating of an emergency worker
    Represented the defendant at his first appearance in Southampton Magistrates’ Court and advised as to obtaining psychiatric evidence that eventually led the Crown to offer no evidence.

    R v G (2020) Assault by beating x2 and Common assault (domestic)
    Represented the defendant at trial in Portsmouth Magistrates’ Court. Evidence included multiple audio recordings made surreptitiously by the complainant. Secured acquittal.

  • Articles
    • Non-party disclosure orders: the correct application of the test under CPR r.31.17(3)

      Dr Tagbo Ilozue summarises Sparkes v London Pension Funds Authority and Leigh Academies Trust [2021] EWHC 1265 (QB), in which Murray J set aside a Master’s Order dismissing an application for non-party disclosure in a fatal mesothelioma claim. The Court saw fit to interfere with the Master’s broad case management discretion because he was wrong in his application of the test to the relevant facts, took into account irrelevant factors, gave insufficient weight to relevant factors, and failed to balance the relevant factors fairly in the scale.

      View Article
    • Lockdown Law 2 - Public and Regulatory Law

      3PB’s David Richards, Head of the national chambers’ Public & Regulatory Law team, and pupil barrister Dr Tagbo Ilozue have reviewed three new regulatory key cases, covering environment regulation, food safety and housing regulations, all handed down since the UK went into lockdown.

      View Article
    • Lockdown Law - Recent criminal law developments and relevant case law

      3PB Barristers’ regulatory counsel David Richards, Head of the national chambers’ Public & Regulatory Law team and pupil barrister Dr Tagbo Ilozue have published a digest of recent criminal law developments and relevant case law since the UK went into lockdown.

      View Article
    • Responding to Covid-19: The maritime perspective in the UK

      David Richards, head of the marine group at 3PB and fellow barrister Dr Tagbo Ilozue have reviewed national and international maritime responses to the Covid 19 crisis, looking in particular at the UK regulatory framework that may be used to police responses to the coronavirus beyond the current lockdown.

      View Article

Academic qualifications

  • Graduate Diploma in Law (GDL), University of Law – Distinction
  • PhD, Developmental Biology, Queens’ College, University of Cambridge
  • Bachelor of Medicine and Surgery (MB BChir), Queens’ College, University of Cambridge
  • MA Philosophy and Psychology, Magdalen College, University of Oxford – 2:1

Scholarships

  • Everard Ver Heyden Foundation Prize (for results in the BPTC) City Law School
  • Winner of the City Law School Senior Moot, 2019

Professional qualifications & appointments

  • BPTC, City Law School – Outstanding (7th in a year of over 400 students)
  • Membership of the Royal College of Physicians (MRCP)
  • Membership of the Royal College of Surgeons (MRCS, expired in July 2019)

Professional bodies

  • Administrative Law Bar Association
  • Association of Regulatory and Disciplinary Lawyers
  • Criminal Bar Association
  • Personal Injury Bar Association
  • Professional Negligence Bar Association
  • Western Circuit