Public and Administrative Law News

Tom Horder, instructed by Central Bedfordshire Council, successfully prosecuted CP Woburn (Operating Company) Ltd in respect of a fall from height. An 8 year old girl fell from a tree during a tree climbing activity at Center Parcs, Woburn. Luton Crown Court heard that whilst the Defendant Company clearly had systems in place to ensure the safety of guests these were not sufficiently adhered to or implemented in respect of this incident. Agreeing with Mr...

3PB Barrister Nicholas Cotter has successfully demonstrated before Lincoln Crown Court that his client was not responsible for causing the actual deaths of three residents arising from a breach of Health and Safety (non-employees) in a care home. The Care Home had on advice admitted security and risk assessment failures linked to its care of the three residents and was fined £70,000.

Head of 3PB's maritime team David Richards defended the Pilot of the City of Rotterdam in Hull Crown Court on a charge of misconduct endangering a ship following a collision with the Primula Seaways on 3rd December 2015. The prosecution initially alleged a variety of failures by the Pilot but were persuaded that he was subject to ‘Relative Motion Illusion’ caused by the non SOLAS compliant design of the ship’s bridge and bridge windows: the...

Martin Westgate QC, of Doughty Street Chambers, and Joshua Dubin, of 3PB’s Public & Regulatory Law Group, have won a second Court of Appeal victory in a young Eritrean woman’s challenge to Bedford Borough Council’s refusal to provide her with services. To read more about the case, please click here.

Just when you thought there was no need to attend another seminar regarding dishonesty in regulatory proceedings and then comes along Ivey (Appellant) v Genting Casino (UK) Ltd t/a Crockfords (Respondent) [2017] UKSC 67. Please click here to read 3PB barrister Jennifer Agyekum's analysis.

Louis Weston acted for Patricia Annon in her successful appeal against a decision of the NMC’s Conduct and Competence Committee to strike her from the Register. The Court allowed the appeal on the grounds that to strike off a midwife who had a condition precedent to her return to practice that she was actively seeking to comply with was unjustified. Importantly the Court indicated obiter that the Committee in future should set a long stop...

On 18th July, Head of 3PB's Professional Disciplinary Group Sunyana Sharma, Lachlan Wilson and Shruti Sharma, all members of 3PB's Public and Regulatory group provided professional disciplinary training to DWF solicitors. The update covered: Professional discipline: general procedural guidance, strategy and tactics - by Sunyana Sharma Dishonesty: the test used by disciplinary panels and advising clients in the context of dishonesty allegations - by Shruti Sharma A focus on nurseries, childminders, OFSTED and Wales - by Lachlan Wilson. To...

Chambers is pleased to announce that William Hansen has been promoted from the B panel to the A panel of the Attorney General’s Panels of Junior Counsel to the Crown, with effect from 1 September 2017. The appointment will last for a period of five years. The Attorney-General’s panels of counsel consists of just over 400 junior counsel who undertake civil and EU work for all government departments. There are three London panels (an A...

PSA v (1)HCPC & (2)Doree [2017] EWCA Civ 319. 3PB's Shruti Sharma discusses the issue of late applications to amend charges and the approach that will be taken by adjudicating panels following the case of Doree. To read Shruti's full analysis, please click here. Shruti Sharma is a specialist regulatory and disciplinary practitioner. For more information about her practice, please follow this link.

David Richards, head of 3PB’s maritime team, hosted a seminar exploring the implications of Brexit for the UK fisheries industry. Together with Andrew Oliver of Andrew Jackson and Co. they discussed future regulation following Brexit with representatives of the industry from across England and Wales and from both fishers, POs and regulators. Following presentations and a round table discussion the meeting concluded that areas of most concern looking forward are: Whether the Great repeal Bill...

Shruti Sharma represented Oxleas NHS Foundation Trust in an Article 2 inquest following the death of an adolescent who fatally self-harmed whilst in the care of South London and Maudsley NHS Trust. This case generated nationwide media attention into the care provided to young people in the psychiatric setting. Further information about this case can be found here. Shruti Sharma is regularly instructed to represent the NHS and families of the deceased in cases of...