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Summary Of Practice

Prior to taking silk in 1992 I had a predominantly personal injury orientated practice : at its outset it had embraced all common law matters, family and crime but became increasingly narrow as time passed. On taking silk I undertook a wide range of cases, including a few murders as I thought I would benefit from the experience but I quickly gave this up. Thereafter my only experience with crime, apart from sitting, was in two pro-bono death row cases in the Privy Council [Reckley v Minister of Public Safety and Immigration [1997] AC 527 and Henfield v AG of Bahamas [1997] AC 413] which turned on administrative law issues. Since Reckley was executed, it was an experience I doubt that I will forget.

In the last few years my work has been largely substantial personal injury claims, almost invariably resulting in spinal injury or brain damage. In December 2000 I successfully appeared for a Claimant in the House of Lords in his appeal as to the incompatibility between the MIB Agreement and an EEC Insurance Directive [White v White & MIB [2001] WLR 481]. I am currently instructed in litigation against the Ministry of Defence in respect of responsibility for the negligent treatment of servicemen and their dependants abroad.

My practice is mixed with some administrative / judicial review work and professional and clinical negligence. I enjoy the mix.

I have always taken a particular interest in disciplinary matters. I have been actively involved, with others, in reviewing the disciplinary procedures of the Church of England and producing the Clergy Discipline Measure which has received the Royal Assent and will shortly come into force.

I have recently been appointed an External Reviewer of decisions of the Director of Fair Access as to the terms of access agreements made between the Director and academic institutions [which permit increased tuition fees] or sanctions imposed for breach of such agreements.

In July 2002 I organised and implemented the Northern Circuit Pro Bono Scheme for the XVII Commonwealth Games in Manchester which provided representation for competitors and others before the Court of Arbitration for Sport.

Over recent years my judicial sittings have been mainly in the Isle of Man, where as the Judge of Appeal I sit solely in the Staff of Government Division [the Manx Court of Appeal] with a local Deemster or an Acting Deemster [there are about 18 English silks who are on the panel of Acting Deemsters.] The usual practice is that the Judge of Appeal gives the judgment of the Court. I am also the final arbiter under the Advocates Act 1995 as to whether foreign advocates can be licensed to appear in the Manx courts.

The work is very varied because the Staff of Government Division hears all appeals. However although there are some criminal appeals the vast majority of the work is civil: it frequently involves trusts which is a continuing challenge for a Common Lawyer. Many cases involve conflict of law issues. Given that the decisions of all English courts are of only persuasive authority, it is not a judicial forum for the feint hearted. Appeals lie to the Privy Council.

Civil with particular emphasis on:
[1] personal injury
[2] professional negligence
[3] civil actions against the police
[4] judicial review
[5] insurance
[6] disciplinary
[7] general commercial
[8] ecclesiastical

Professional Memberships

Recorder of the Crown Court -1989
Queen's Counsel - 1992
Senior Counsel New South Wales - 1995
Bencher of Lincoln's Inn - 1997
Judge of Appeal of the Isle of Man - 1997
Deputy High Court Judge - 2003
Chancellor of the Diocese of Carlisle - 2003
Lay Canon of Manchester Cathedral - 2003-
Chancellor of the Diocese of Manchester - 2004
Deputy Vicar General of the Diocese of Sodor and Man - 2004
External Reviewer of decisions of the Director of Fair Access - 2005
Chairman of Disciplinary Tribunals under Clergy Discipline Measure - 2006

Selected Cases

Some reported judgments in cases I have heard include:
IOM Insurance v Floyd [1996-98] MLR 350
Eurotrust v Barlow Clowes [No 1] [1996-98] MLR 394
Deras v Ocean Marine [1996-98] 1VILR 517
In Re the Villa Marina [1999-01] MLR 224
Dobson v R [1999-01] MLR 267
Jones v R [1999-01] MLR 369
In Re Galloway [1999-01] IVELR 479
In Re Frost [1999-01] MLR 501
Rosewood Trust Ltd v Schmidt [1999-01] MLR 570
Liggins v Lumsden Ltd [1999-01) MLR 601
In Re Manx Ices Limited [2001-03] MLR 64
Eurotrust v Barlow Clowes [No 2] [2001-2] MLR 330
Mt Murray Country Club Ltd V Macleod [2001-3] MLR 381
In Re Atrium Trading Limited [2003-5] MLR 91
In Re World Duty Free Co Limited [2003-5] MLR 184
In Re Navigator Gas Transport PLC [2003-5] MLR  459
Caldwell - Camp v R [2003-5] MLR 505
Drower v Gubay [2003-5] MLR 531

Some noteable cases:
D v Bury Metropolitan Borough Council [CA]
Re Child A v Ministry of Defence [QBD]
The Shipman Inquiry
White v White & MIB [HL]
Henfield v AG of the Commonwealth of the Bahamas [PC]
Reckley v Minister of Public Safety & Immigration [PC]
Re Pearce Deceased [CA]
White Arrow Express v Lameys Distribution [CA]
Easton v Ford Motor Co Ltd [CA]
Sheikh v Chief Constable of Greater Manchester [CA]
Robertson v Ridley [CA]
R v Salford HA ex p Janaway [HL]
D v M [CA]

Other legal activities:
Member of Manchester Area Legal Aid Committee 1976-2000
Chairman of Australia and New Zealand sub-committee of Bar’ s International Relations Committee 1998-2001
Chairman of Lincoln’s Inn University Liaison Committee 1998-
Member of Lincoln’s Inn Education, Staff and Chapel Committees
Member of Personal Injury Bar Association
Member of the European Circuit
Member of the Ecclesiastical Law Society
Member of the Ecclesiastical Judges Association
Member of the New South Wales Bar Association

Non-legal activities:
Lay Chairman of Bolton Deanery Synod 1993-2002
Director of Manchester Diocesan Board of Finance 1994- 2004
Vice-Chairman of Manchester Diocesan Bishop’s Council 1994-2004
Member of the General Synod of the Church of England 1995- Chairman of General Synod Standing Orders Committee 1999-
Member of [and Synod spokesman for) Fees Advisory Commission 1995-
Member of Steering Committee for Clergy Discipline Measure
Member of Appeal Panels for Ordination of Women
[Financial Provisions] Measure 1963, Pastoral Measure 1983, Internal Synod Elections and Elections to the House of Laity

Education

Manchester Grammar School [1958-1966]

Christ Church Oxford [1966-1969]:
Exhibitioner
MA Jurisprudence : Class 2

Lincoln's Inn:
scholarships including Tancred Studentship in Common Law

Called to Bar July 1970