Stuart Benzie acts in committal application, Defendant sentenced to 14 months for contempts including breaches of a search order

Stuart acted for Coveris Flexibles UK Limited in a committal application against Mr Simon Brears, where the Defendant had frustrated the service of a search order, attempted to destroy or conceal evidence, breached the terms of two prohibitory injunctions and made a series of false statements including 24 false statements in his Defence.

On 21st June 2022, Mr Justice Henshaw sentenced Mr Brears to a total of 14 months immediate imprisonment, finding that Mr Brears committed a sustained and intentional series of contempts that made a sentence of immediate custody unavoidable.

Stuart was instructed by Neil Warner, Kate Canning and Sara Wright at Gateley Legal in Birmingham. The case is reported as Coveris Flexibles UK Limited v.  Simon Brears [2022] EWHC 1594 (QB).

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Emma Walker registered in DIFC Courts’ Register of Practitioners

We are delighted to announce Emma Walker has been registered in Part II of the Dubai International Financial Centre’s Register of Practitioners.

Emma has a broad commercial practice with a particular focus on commercial litigation (both domestically and internationally), banking disputes, civil fraud and insolvency. Emma has significant experience in the DIFC, and looks forward to continuing to expand her practice in the jurisdiction.

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Lauren Hitchman appointed as junior Counsel to the UK Covid-19 Inquiry

2TG is delighted to announce that Lauren Hitchman has been appointed as junior Counsel to the UK Covid-19 Inquiry.

The Inquiry, chaired by the Rt Hon Baroness Heather Hallett DBE, will investigate and report on the UK’s preparations for, and response to, the pandemic.

Lauren will support Hugo Keith QC, Lead Counsel to the Inquiry, Martin Smith, Solicitor to the Inquiry, and the eleven recently-appointed Queen’s Counsel with the preparation and delivery of the Inquiry’s investigative work.

Read the full announcement from the Inquiry here

Details of Lauren’s practice can be found here

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Andrew Miller QC officially inducted as a Distinguished Fellow of the IAM

Congratulations to Andrew Miller QC on being officially inducted as a Distinguished Fellow of the IAM by the outgoing President Michel Kallipetis QC. The induction took place at the International Academy of Mediators Annual Conference in Montreal.

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Rehana Azib QC appointed to PIBA Executive Committee

We are delighted that one of our new silks, Rehana Azib QC, has just been appointed to the Executive Committee of the Personal Injury Bar Association (PIBA) for a term of 2 years (2022 – 2024). PIBA is a specialist bar association for barristers who practise in the field of personal injuries. She joins Meghann McTague, also of 2 Temple Gardens, who is currently serving as Circuit Rep (South Eastern) for the association.

Rehana specialises in Employment and Personal Injury with particularly well recognised expertise in occupational stress, harassment and discrimination claims. She was awarded Barrister of the Year at the Inspirational Women in Law Awards in 2021 and is also a Master of the Bench of the Inner Temple.

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Roger Harris successfully defends a leading thoroughbred Bloodstock agent in significant Animals Act case

In Dennis v Voute Sales Ltd [2022] WLUK 360 HHJ Howells sitting as a Judge of the High Court was required to determine the correct approach to s2(2)(a) of the Animals Act 1971.

The Claimant, a groom engaged by the Defendant to assist at Tattersalls Sales, suffered a serious injury to her knee whilst leading a horse from its stables. There was a factual dispute as to whether the accident occurred as a result of the horse spooking, or as a result of the Claimant tripping. This was resolved in favour of the Defendant. The claim therefore failed on the facts.

However, the Judge also considered the contentious issue of how section 2(2)(a) of the Act should be determined. The first limb of 2(2)(a) required the Court to be satisfied that ‘the damage is of a kind which the animal, unless restrained was likely to cause’. There were rival contentions as to how this requirement should be interpreted. The Claimant’s case was that the approach adopted in Lynch v Ed Walker Racing Ltd [2017] EWHC 2484 should be followed. In Lynch it had been conceded that it was not necessary for each of the requirements in sections (a), (b) and (c) to be considered sequentially, and that the first limb of 2(2)(a) should be considered ‘by reference to the characteristics relied on for the purpose of paragraph b’. The Claimant accordingly argued that the Court should consider the horse’s characteristics as displayed during the incident when asking whether injury was likely.

In contrast, the Defendants argued that pursuant to the Court of Appeal decisions in Curtis v Betts [1990] 1 WLR 459 and Smith v Ainger [1990] WLUK 192 each sub-section of s2(2) should be considered sequentially, and that words should not be read into s(2)(2)(a) ‘through a process of implication effected by reference to succeeding requirements.’ The concessions made in Lynch, it was contended, were wrong. The Defendants argued that the Court should simply ask the more general question of whether the horse, unless restrained, was likely to cause personal injury.

The Court accepted the Defendant’s interpretation. Consequently, the Judge held that even if the Claimant’s version of the accident had been accepted the claim would have failed as there was no evidence that the horse was likely to cause personal injury and the experts did not support the Claimant’s alternative case under the second limb of s2(2)(a).

This is a significant decision as the Claimant’s approach, if accepted, would have significantly lowered the bar for claims to succeed under the Animals Act 1971.

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Andrew Miller QC nominated and approved by the Board of Governors of the International Academy of Mediators (IAM) as a ‘DISTINGUISHED FELLOW OF THE IAM’

We are delighted to announce Andrew Miller QC has been nominated and approved by the Board of Governors of the International Academy of Mediators (IAM) as a ‘Distinguished Fellow of The IAM’

The IAM is a professional membership organization consisting of the most successful commercial mediators in the world. The IAM is an invitation-only organization that adheres to the highest practice and ethical qualifications. The IAM is highly respected for its education programs, which include internationally acclaimed speakers and cutting-edge mediation techniques.

To view Andrew’s profile click here

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Rehana Azib QC writes for Counsel Magazine in their “Legal Personality” column

New employment and personal injury silk, Rehana Azib QC, appears for Counsel Magazine in their “Legal Personality” column.

In a piece entitled “The worst can bring out the best in you”, Rehana shares the challenges she has faced, including discrimination and prejudice, and the lessons she has learnt through those experiences in her journey to the Bar, and her route to being successfully appointed to Silk.

A champion of equality and diversity, Rehana was recently awarded Barrister of the Year at the Inspirational Women in Law Awards for her contribution to improving access to the profession for under-represented minorities.

Please see the article here

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