Why I am Proud to Employ Chartered Legal Executives

Photo of Kevin Donoghue, a solicitor who employs chartered legal executives

Kevin Donoghue, solicitor, explains his pride at employing chartered legal executives.

By Kevin Donoghue, solicitor

Yesterday was a good day.

It was when my colleague Jack Hudson was admitted as a Fellow of the Chartered Institute of Legal Executives (CILEx).

Because Jack is a practising lawyer he is a “Chartered Legal Executive” and gets to use the letters FCILEx after his name.

This is fantastic news for Jack personally and professionally. It is the result of years of hard work and dedication. It is also important for our clients and their opponents in their civil claims.

Jack Hudson, FCILEx directory listing on the CILEx website.

Jack Hudson’s official CILEx directory listing.

Why Jack’s FCILEx qualification matters

Jack is now part of an exclusive club. He is a fully-qualified lawyer who is authorised and regulated by CILEx. (You can check this by searching for his name here.)

CILEx is one of only three regulatory branches of the legal profession. The other two are the

  1. Law Society, which regulates solicitors like me, and
  2. Bar Council, which regulates barristers.

CILEx regulates 20,000 legal professionals. It:

  • offers an alternative route to legal practice
  • helps people become lawyers without the time and expense of studying at university. Instead, CILEx members combine classroom studies, evening and weekend coursework, and on-the-job training.

Becoming a Chartered Legal Executive is not easy. Jack had to:

  • work for years “on the job” as a Trainee Chartered Legal Executive
  • dedicate long hours of study and show immense personal discipline.
  • take, and pass, many exams
  • prepare a work-based learning portfolio, showing how he put his learning into practice.

The portfolio is a big project. CILEx use it to verify that applicants meet 27 different learning outcomes.

Meeting the 27 criteria is not easy. But Jack works at Donoghue Solicitors, where our lawyers have significant responsibilities and challenging work. Jack only qualified after an assessor approved his portfolio.

All this toil means that Jack has proven his worth to:

  • CILEx
  • our clients
  • their opponents and lawyers.

He deserves the title of “Fellow of the Chartered Institute of Legal Executives”.

Photo of Jack Hudson, Chartered Legal Executive

Jack Hudson is a Chartered Legal Executive who works at Donoghue Solicitors.

Fellow Chartered Legal Executives

Mr Hudson now joins his colleagues Daniel Fitzsimmons and Kemmi Alfa. (They are also Chartered Legal Executives and Fellows of CILEx.) All three offer expert, fully-qualified legal advice, and a commitment to the highest standards of client care.

This is not “lip service.” They have to swear an oath showing this. It says:

I promise to discharge diligently my duties and responsibilities as a Chartered Legal Executive. I will protect my independence as a lawyer, uphold the Rule of Law, and act at all times with integrity. I will justify the confidence and trust that is placed in me by my clients, the courts, the public and by my profession.

The oath means that when clients instruct Daniel, Kemmi, and Jack they can be confident that they have:

  1. the benefit of a qualified lawyer, who is
  2. acting in their best interests.

Pride

On a personal note, I am immensely proud of Jack, Daniel, and Kemmi. All three qualified as Legal Executives under my supervision. Developing the next generation of lawyers is a big financial and time commitment for me and my firm. But it is a task we undertake willingly. Seeing my colleagues fulfil their ambitions is hugely satisfying. And it means that our clients get representation from best-in-class lawyers. Well done Jack!

Contact Jack Hudson, Chartered Legal Executive, for help with your compensation claim here.

 

 

 

Five Reasons Why the Taser Stakeholder Advisory Group Resignations Matter

Photo of Kevin Donoghue, solicitor, who discusses resignations from the Taser Stakeholder Advisory Group.

Solicitor Kevin Donoghue considers the impact of resignations from the Taser Stakeholder Advisory Group.

By Kevin Donoghue, solicitor

A number of civil society organisations recently quit the National Police Chiefs Council’s Taser Stakeholder Advisory Group.

The resignations of human rights group Liberty, Inquest (I am a member of both groups), Stopwatch, the Open Society, academic Dr Mike Shiner, and others was partly because their input was being ignored. Dr Shiner, an associate professor at LSE and one of the resigning members said that,

Police representatives have not valued our expertise, treated the issues we have raised with the level of seriousness they warrant, followed through on commitments made to the NTSAG, or constituted the group to engender meaningful consultation. Accordingly, we can no longer continue as members.

And

The NPCC has effectively sidelined the group and is using it for decorative purposes, creating a false impression of consultation and engagement.

Lucy D’Orsi, deputy assistant commissioner, said that the Group “was formed to provide expertise, critical appraisal and advice to police on the use of Taser.” It included representatives from the police, the Independent Office for Police Complaints, and other interested bodies.

What the Taser Advisory Stakeholder Group Resignations Mean for the Public

I am troubled by this development and the reasons behind it. Their resignation affects all of us because:

  1. The police’s use and campaign for more Tasers was already controversial. Human rights advocates firmly believe that Tasers should only be used as a last resort. Better alternatives exist, including de-escalation, or, where that fails, approved physical restraint techniques. The mass resignation exposes the conflict between how the stun-guns are perceived by the police and those who hold them to account.

Tasers are classed as firearms, which is why they were initially issued to trained firearms officers only. They are potentially deadly weapons, as the cases of Dalian Atkinson and 17 others show.

And yet, senior officers describe them as “a low level of force”. (Think about how absurd that comment is for a moment: what firearms do you know of that cause only “low-level force”? I can’t think of any.)

Even when not deadly, Tasers can cause serious injuries. The weapon is designed to incapacitate but causes other known effects, including:

  • puncture wounds and burn injuries caused by the Taser’s metal barbs and electrical discharge
  • cognitive impairment comparable to dementia
  • temporary paralysis. This causes secondary injuries, such as head injuries, from falls. For example, one of my clients sustained a brain injury after being Tasered and falling on to a marble window ledge. We allege unjustified Taser use and his civil action against the police is ongoing.

Nearly a fifth (30,548) of our 156,833 officers are trained to use Tasers now, and that number is set to grow. Police forces like Kent, Northamptonshire, and Durham already have a policy of issuing Taser weapons to any front-line officer who wants one.

And, as I previously noted, more Tasers = more use. Last year their use increased by 39% to over 23,000 incidents. This percentage increase was on top of previous years’ increases and more than double the 2016 total of 11,000 deployments.

But to get a Taser, officers are given just three days’ training with an annual refresher course. Despite this shockingly-brief training, the failure rate is 15-20%. This means that one in five officers fail to show the required skills or judgement to handle a Taser.

I expect that the number of Taser incidents will increase without the check on power provided by the Advisory Group’s resigning parties.

  1. The government, egged on by the police and powerful lobbying organisations including the Police Federation, seems intent on getting more of these weapons into the hands of police officers. It reserved £10 million in September 2019 to arm 10,000 police officers. The home secretary, Priti Patel, announced the cash boost by saying:

“I’ve been completely appalled by the recent spate of serious assaults on police officers, which is why I’m giving chief constables the resources to dramatically increase the number of their officers who carry tasers.”

In March 2020 the Home Office announced another £6.7 million to pay for 8,155 more Tasers. This is on top of the many Taser “stun-guns” currently in service.

Aside from solicitors like me who represent victims of police misconduct, the wider public is right to be concerned about this dangerous use of public funds and the lack of oversight caused by the Taser Group resignations.

  1. Black, Asian and Minority Ethnic people (BAME) are 7 times more likely to be victims of Tasers than white people. And in 2018, more than half of children Tasered were from BAME groups. These statistics are more alarming when you consider the 39% year-on-year increase. It only adds to grievances with how the police conduct themselves. And it raises concerns that inexperienced officers with itchy trigger fingers will use their Tasers on BAME people. Who will speak up for them now human rights representatives on the Taser Advisory Stakeholder Group have resigned?
  1. Tasers are also disproportionately used against vulnerable people, including those suffering with mental health issues. The police have also Tasered children as young as 11 and pensioners as old as 77. Is this how we want to treat those most in need in our society?
  1. We are in difficult times already because of coronavirus (covid-19). The government passed emergency legislation: The Health Protection (Coronavirus) Regulations 2020. The country is anxious and on lockdown. The potential for abuse of power is great. The police seem to be (wrongly) treating breaches of their new-found powers as public order offences, resulting in wrongfully prosecuted cases, such as this one in Newcastle.

Officers may misunderstand the law and consider their authority tested when someone correctly refuses to comply. They may be more tempted to resort to the use of force (and their shiny new Taser weapons) to effect their wrongful interpretation of the law. People will get hurt, or worse. And, if my clients’ past experience is anything to go by, the police will try to cover up their rush to use force.

The police and public would benefit from legal and moral guidance from the experts in Liberty, Inquest, and the others during this challenging time for our country.

Consequences for the National Taser Stakeholder Advisory Group

Pro-Taser campaigners within the National Taser Stakeholder Advisory Group will no doubt feel emboldened by the recent resignations. And they will be relieved to avoid more uncomfortable questions from Liberty, Inquest, and the others.

But, without guidance from these organisations, as I previously described, the public may feel a legitimate sense that the Taser Stakeholder Advisory Group is a sham, and that the UK is becoming a police state ruled with an iron fist. Without the watchful eye of human rights organisations like Liberty, there is a risk that:

  1. the public will suffer due to increasing Taser misuse, and, as a result,
  2. the police will undermine the fundamental principle of policing by consent. Without this, public order itself is at risk, making the police’s difficult job harder.

By dismissing the concerns of the resigning parties and giving them no alternative but to leave the Group, the National Police Chiefs Council and police representatives have done more harm than good.

Kevin Donoghue is the Solicitor Director of Donoghue Solicitors. Contact him here.

How Donoghue Solicitors Keep Working Despite the Coronavirus “Stay at Home” Order

Photo of Kevin Donoghue, solicitor, who explains how his firm has adapted to the coronavirus stay at home order.

Kevin Donoghue explains how his firm has adapted to the coronavirus “stay at home” order.

By Kevin Donoghue, solicitor director of Donoghue Solicitors

In a short period of time, coronavirus (Covid-19) has upended the country, caused devastating losses, and impacted our working lives. The government issued a “stay at home” order on 23 March 2020 to help slow the spread of infection and support the NHS. It has three parts:

  1. Requiring people to stay at home, except for very limited purposes
  2. Closing non-essential shops and community spaces
  3. Stopping all gatherings of more than two people in public.

The order will be reviewed in three weeks, but it might be extended. I expect it will.

Adapting to the Stay at Home Order

This is how Donoghue Solicitors has adapted and the steps I have taken to look after clients and staff:

  1. Because we specialise in compensation claims, Donoghue Solicitors is not considered an exception to the second point (above). So, our offices are temporarily closed.

But we are still open for business.

All staff are now working remotely, and I have told them not to visit clients. This is in line with government recommendations to limit exposure to the virus.

  1. Donoghue Solicitors has invested heavily in IT and infrastructure to enable remote work. I anticipated a “work from home” order and prepared as follows:
  • I bought staff fast, new, laptops in advance of the lockdown. I got software installed and paid for licences to enable remote working.
  • The new equipment means that my team can connect remotely to our dedicated servers to:
    • work on our clients’ cases, and
    • review enquiries for legal help.
  • We are also using video conferencing and other secure systems to maintain contact and work together.
  1. I have put systems in place to handle new enquiries by phone and website. As before the shutdown, requests for legal help are taken by members of our new enquiries team. Every enquiry we receive gets full consideration by a qualified lawyer and a response. It might take a little longer due to us working remotely, but the process is the same as before the lockdown.
  2. Calls to our offices are diverted to the remote working team. Our lawyers continue to make and receive calls with clients and others. I would ask people to be patient if they do not get straight through and use email or our website contact form where possible. Client emails and website enquiries are getting through to us without difficulty.
  3. I am monitoring website enquiries and social media. I am available if anyone has any problems getting in touch. Feel free to reach out on our twitter, Facebook, and LinkedIn accounts.

Why We are Reducing the Risk of Covid-19 Infection

I hope that setting up remote working and taking these steps will reduce the risk of covid-19 coronavirus infection to staff, clients, and other visitors to our offices. It should help lessen the burden on the NHS and other front-line workers. And, by staying at home and practising social distancing, my team will stay healthy and on the job.

All of us hope that these stay at home measures will be temporary, and that we can soon get back to working in the office. Practising law is a team effort, and best done when we’re together. But, in the meantime, the lawyers at Donoghue Solicitors are using technology to adapt to the new and difficult circumstances in which we all find ourselves.

Contact Kevin Donoghue for help with your compensation claim here.

 

 

How we’re dealing with Coronavirus disease (COVID-19)

Photo of Kevin Donoghue Solicitor Director of Donoghue Solicitors.

Kevin Donoghue, solicitor director of Donoghue Solicitors, explains how his firm is dealing with coronavirus.By Kevin Donoghue, Solicitor Director of Donoghue Solicitors

In light of the Coronavirus outbreak, I would like to reassure you that we are closely monitoring the spread of the virus and taking precautionary actions.

We have put measures in place to limit the impact on our clients while reducing the risk of infection and transmission. These include:

  1. not meeting clients face-to-face in the office or at their homes for the foreseeable future. As usual, we are available to meet virtually by Skype, Facetime, and Google hangouts. We will also keep in touch by phone, email, and post. (Any disability requirements can be addressed. Contact us if this temporary restriction impacts you.)
  2. remote access capabilities, alternate work locations for employees if required, and continuity plans for critical operations.
  3. all staff have been advised on prevention measures as recommended by the government. These include sanitising workspaces, following handwashing guidelines, and avoiding touching eyes, nose, or mouth. They are under strict instructions to stay home if they feel unwell and to contact the NHS for advice.

While it is impossible for anyone to predict the spread of the coronavirus and fully understand its impact, it does not alter our focus on continuing to serve you as well as possible. We have the people, technology, and tools to do just that.

On a personal note, I hope everyone stays safe and well in these unsettling times. My focus is the safety and well-being of our clients, employees and the communities we serve, and my thoughts are with those who have been impacted.

Please do not hesitate to contact me if you have any questions.

Will an ITV Documentary Help End Sexual Abuse by Police Officers?

Photo of Kevin Donoghue, a solicitor who specialises in sexual abuse by police claims.

Solicitor Kevin Donoghue previews an ITV documentary about sexual abuse by police officers.

By Kevin Donoghue, solicitor

ITV is showing a documentary at 10:45pm tonight (Tuesday 15 October) about sexual abuse by police officers. I urge you to watch “Exposure: Predator Police Uncovered”.

The documentary will shine a light on the widespread issue of sexual abuse by police officers of female victims of crime. The programme-makers report that:

  1. a police or community support officer is convicted or dismissed for sexual misconduct every five days in England and Wales.
  2. between April- October 2018, police officers were seven times more likely than doctors or teachers to be dismissed for sexual misconduct.

This is despite officers being bound by strict rules about police abuse of position for a sexual purpose, which is defined as:

“Any behaviour by a police officer or police staff member, whether on or off duty, that takes advantage of their position as a member of the police service to misuse their position, authority or powers in order to pursue a sexual or improper emotional relationship with any member of the public. This includes: committing a sexual act, initiating sexual contact with, or responding to any perceived sexually motivated behaviour from another person; entering into any communication that could be perceived as sexually motivated or lewd; or for any other sexual purpose.”

Vetting Failure Enables Sexual Abuse by Police

The definition above targets police officers and staff members. But they are not the only ones to look at.

Police forces are failing the public at an institutional level. Many do not properly vet police and support staff. This means that sexual predators are recruited and employed by the same institutions tasked with defending the public against these criminals.

Zoe Billingham, of HM Inspectorate of Constabulary and Fire and Rescue Services, explains in the video clip below that

“Vetting is the first line of defence in protecting the public from police predators.”

She described the scale of the problem by saying:

“Too many forces, over half, are not vetting staff as frequently as they ought to.”

This means that

“about 35,000 people who ought to have current and up-to-date vetting, either working in policing or alongside policing, didn’t have that vetting in place.”

Notably, this vetting failure led to Cheshire Police employing (former PC) Ian Naude. He was convicted of raping a 13-year-old girl and jailed for 25 years.

Common Themes

I have helped many victims of police abuse of authority for sexual gain in my work. Sadly, there are common themes. Police sexual predators:

  1. choose their victims carefully. Vulnerable people, such as victims of domestic abuse and young people, make for easy targets. The documentary-makers found that about ¾ of victims on their research would be considered vulnerable.
  2. use the considerable resources of their organisations to pursue their victims. This includes access to police national computer databases, use of police vehicles, home visits in uniform etc.
  3. apply grooming techniques, such as manipulation, coercion, threats etc. to persuade victims to agree to sexual contact and/ or cover it up.

The consequences of sexual abuse by police officers are often devastating. As I explained here, victims can suffer long-term psychological damage as a result.

Police Culture

This criminal misconduct is made worse by police officers failing to listen to victims and adopting a siege mentality. Often, they will go to great lengths to avoid seeing what is right in front of their eyes. The police will defend, deny, and deflect rather than deal with a sexual predator in their ranks. In the two years to March 2016 fewer than half of (48%) of all the police abuse of authority for sexual gain cases it identified were reported to the Independent Police Complaints Commission (now Independent Office for Police Conduct) for an independent investigation.

Convictions, publicity, and official reports from HMIC show that police officers at all levels have been aware of the issue of police sexual predators for years. And yet the problem continues. I hope tonight’s documentary will change that and spur action.

Kevin Donoghue is a solicitor who specialises in civil actions against the police. Contact him here.

 

 

 

Why Police Corruption Goes Unpunished

Photo of Solicitor Kevin Donoghue who explains why police corruption goes unpunished.

Kevin Donoghue, solicitor and specialist in civil actions against the police, explains why police corruption goes unpunished in this blog post.

By Kevin Donoghue, solicitor

Today I had to do something I did not want to do. I told a potential client that I could not help him bring a seemingly good claim on the merits.

This is why.

What Crown Prosecutors Say Happened

In 2008 Richard Diaper was just 17 years old when he was brutally assaulted with a baseball bat at a garage in Tonypandy, Rhondda, South Wales. His attackers repeatedly struck Richard to the head while he was getting cash.

Richard suffered nasty injuries and reported the attack to South Wales Police. Detective Constable Marc Hopkins investigated it. The police arrested five men on suspicion of serious assault. It appeared they mistook Richard for someone else.

Richard gave a statement to the police and co-operated fully. Then he started getting threatening phone calls telling him to withdraw his statement. He told DC Hopkins, but the officer played down the calls, failed to formally record Mr Diaper’s report about them, or follow up by investigating phone records. He also ignored orders to seize the accused mens’ phones and the clothing they used during the assault.

Richard also got a phone call from someone claiming to be from the Manchester drugs underworld offering him £3,000 to drop his statement. He reported this to the police too.

Most unusually, DC Hopkins went to Richard’s home while off-duty. He advised the 17-year-old to take the money and withdraw his statement.

Richard felt intimidated by the senior police officer. Mr Diaper felt like he had no choice and did as he was told. DC Hopkins countersigned a form to end the investigation. The case against the five men collapsed.

Six years later the police contacted Mr Diaper about DC Hopkins’ handling of the investigation. Professional Standards Department investigators said that it was alleged DC Hopkins took a bribe to get Richard to withdraw his statement. Richard was shocked and upset. Richard, his mother, and a friend all co-operated with the investigation and prosecution.

DC Hopkins denied the allegations and the case went to Cardiff Crown Court for a jury trial.

Crown Court Trial

DC Hopkins claimed that the allegations against him were false. He said that his (now ex-) wife, Tina Burton, reported him to the police “out of pure malice” after their marriage ended badly.

Ms Burton gave evidence that the owner of the garage where Richard was assaulted was a friend of DC Phil Simmons, one of DC Hopkins’ colleagues.

She said this officer told DC Hopkins that there would be a substantial amount of money for them if Richard withdrew his statement. Ms Burton reported that DC Hopkins later came home with a “wad of cash”. (The jury was told DC Hopkins was paid £5,000.)

 After a trial the jury found the South Wales Police officer guilty of perverting the court of justice. Recorder Eleri Rees sentenced Hopkins to four years in prison. He said,

“You had an unblemished record as a police officer. And that makes it all the more astonishing you were corrupted in this way. Your actions were cynical and motivated by greed and you have shown little remorse.”

And the Assistant Chief Constable of South Wales Police described DC Hopkins’ conduct as

“an appalling example of police corruption”.

DC Hopkins was dismissed from South Wales Police. Deputy Chief Constable Richard Lewis found that he had breached the Standards of Professional Behaviour and said

“This matter has undoubtedly brought the police service and specifically South Wales Police into disrepute with our communities.”

Legal Assessment of this Police Corruption Case

I’m not exaggerating when I say that civil actions against the police are among the hardest legal cases to win. The deck is stacked against innocent victims of police corruption. They have to fight an arm of the State, the most well-funded and motivated defendant there is. Cases can take years. There are no guarantees of success.

Despite this, I have a proven record against the police, especially South Wales Police. Richard contacted me because I have nearly two decades’ experience in this niche area of law. He wanted an honest, realistic appraisal of his case.

To the inexperienced, his case appears straightforward. A criminal conviction for perverting the course of justice is compelling evidence of wrongdoing.

Not so fast.

When I looked at Richard’s case I noted the positives, such as the officer’s criminal conviction, but also the negatives.

These included the effects of the limitation period, which prevents claimants from issuing proceedings out-of-time. In Mr Diaper’s case my assessment went like this:

I considered his potential losses and causes of action. It appeared that Richard could sue the Chief Constable of South Wales Police for the acts or omissions of his officer, DC Hopkins. Richard could potentially bring a civil action against the Chief Constable for the tort of misfeasance in public office.

I then moved on to deal with the issue of delay.

The incident giving rise to a potential claim happened in 2008, when Richard was just 17. Because he was not yet an adult at that time, the courts would allow six years from Mr Diaper’s 18th birthday for the limitation “clock” to expire.

So it appeared Mr Diaper, who turned 24 in 2015, contacted me four years too late. But some civil claims against the police benefit from time-limit flexibility under the Limitation Acts. Could Richard use them to apply for relief?

Sadly, in my opinion, no. Unlike say, the three-year personal injury time limit, the six-year time limit which applies to misfeasance in public office claims cannot be extended.

So a claim against South Wales Police was bound to fail due to the delay.

But what about compensation from the Criminal Injuries Compensation Authority?

Richard would not succeed there either, even though he was seriously injured. This is because

1. he failed to support the prosecution, and

2. is considerably out of time. (There is a two-year time limit on CICA claims.)

Lesson

Richard kindly agreed to me bringing attention to his situation in the hope that it will help others.

He is understandably disappointed. I am too. I work hard to help victims of police corruption get the justice they deserve. The delay means that a South Wales Police officer’s misconduct will go unpunished.

Don’t delay if you want to bring a civil action against the police. Contact me on 08000 124 246 or complete the short online form here.

 

 

5 Things Every Newly-Qualified Chartered Legal Executive Should Know

Photo of Daniel Fitzsimmons, Chartered Legal Executive at Donoghue Solicitors

Daniel Fitzsimmons is an experienced Chartered Legal Executive. Here he gives some insight to his newly qualified colleagues.

By Daniel Fitzsimmons, Chartered Legal Executive

This week my colleague Kemmi Alfa qualified as a Chartered Legal Executive. She is now a Fellow of the Chartered Institute of Legal Executives. This gives her considerable rights and responsibilities, which you can read about here.

I have seen the impact of qualification on my own career. I am a long-time practising lawyer and Chartered Legal Executive too. Clients, other lawyers, and colleagues respect the title. I expected that, as would most newly-qualified lawyers. But here are five things you might not know about practising law as a Chartered Legal Executive:

1 The work doesn’t stop when you qualify

I am a civil litigator and specialise in the niche area of actions against the police. My work involves many overlapping areas, including tort, human rights, European law etc. It is ever-changing. I spend a lot of time keeping up-to-date with the law, discussing it with colleagues, and sharing our collective knowledge. You never stop learning in this job. Lawyers must have an unquenchable thirst for the law to represent clients effectively. I spend a lot of time outside work hours reading and thinking about what I have learned or experienced in the office. This helps me progress cases, even when I am not at work. Some of my best “a-ha” moments come to me while training for half-marathons. In this uninterrupted time I digest new information and apply it to my cases.

2 Get used to public attacks

In Shakespeare’s Henry VI, Dick the Butcher said:

The first thing we do, let’s kill all the lawyers.

Successive governments have attacked lawyers, especially those working in civil law. Politicians talk of the non-existent “compensation culture” to sway public opinion. I have never seen a lawyer chase an ambulance, but that’s what we’re falsely accused of doing.

Lawmakers use “ambulance chasers”, “fat cats”, and other epithets to convince the public that we are the bad guys. Other qualified professionals don’t deal with these childish attacks. So, why are we singled out? It’s because demeaning lawyers gives politicians cover in the media. This allows them to cut legal aid, erode civil liberties, and introduce drastic changes to the civil compensation system. Politicians’ wealthy donors and insurers have profited by their actions. The public has not.

Shakespeare wrote his famous line in 1591. More than 400 years’ later we’re still here. Why? Because we’re needed. Brush off the brickbats. Instead:

3 Embrace your role as protector

Like every job, there are good days and bad days. But the law isn’t any job. It is a calling. A vocation. The CILEx oath says:

I promise to discharge diligently my duties and responsibilities as a Chartered Legal Executive. I will protect my independence as a lawyer, uphold the Rule of Law, and act at all times with integrity. I will justify the confidence and trust that is placed in me by my clients, the courts, the public and by my profession.

There’s a lot to unpack here. A key aspect is how Chartered Legal Executives protect and uphold “the Rule of Law”.

The Rule of Law is an ancient principle, attributed to Aristotle. It is defined by the Oxford English Dictionary as

“The authority and influence of law in society, especially when viewed as a constraint on individual and institutional behaviour; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes.”

In effect, the Rule means that no one is above the law. This includes representatives of the State such as lawmakers, the judiciary, and police.

To me, and many legal executives, upholding the Rule of Law means protecting citizen’s rights. In my work, this duty can involve:

  • helping clients claim compensation. This application of tort law involves putting them in the pre-civil wrong position, so far as possible.
  • public vindication. This may include getting a judgment in open court with a finding of civil liability.
  • seeking a declaration of breach of human rights.

As mentioned in 2. above, politicians will not protect us when they have competing interests. (Ironically, many are lawyers, who have also sworn to protect the Rule of Law. I know the Rule means different things to different people, but the mental contortions involved for some of them must be exhausting.)

And often, in the experience of many of my clients, the police will not protect them. Police are an arm of the State, and subject to the same Rule of Law as the rest of us.

But they are different to you and me in one crucial way. Police officers are aggressively protected by their own union, the Police Federation. The Federation runs PR campaigns to get new “kit”, such as potentially deadly spit hoods, to #protecttheprotectors. When dealing with police complaints, the union pressures Professional Standards Departments and the Independent Office of Police Conduct. It lobbies government to change the law to benefit police officers.

The public has no such protectors other than lawyers.

This imbalance means that, as many of my firm’s clients know, some in the police abuse their rights with impunity. For example, my client Paul Rogers was wrongfully arrested by Merseyside Police. The police searched his home and unlawfully detained Mr Rogers despite credible information that they had arrested the wrong person. Officers took Paul’s biometric data, photo, and fingerprints for their records. They only released Mr Rogers when they realised their mistake, nearly 12 ½ hours later.

Despite this, the police offered no apology or compensation for Paul’s harrowing ordeal. He instructed Donoghue Solicitors to sue Merseyside Police. We acted on a “no win no fee” basis. With my help Paul got £5,000 compensation and his biometric and other data destroyed.

Paul protected his rights with his lawyer’s help. Together, we also showed Merseyside Police that this misconduct would not go unpunished.

4 Choose your clients carefully

No one can say precisely how long a case will take at the outset. Lawyers guesstimate based on their experience. But that’s all. We don’t know

  • how co-operative and engaged our own clients will be
  • how opponents will react
  • how the case will play out
  • what court time is available
  • etc.

Legal cases, like people, come in all shapes and sizes. This means that when you take on a new case, you should be prepared for the long haul. Legal executives are people like everyone else. We work best with clients we know, like, and trust. That makes the matter of taking on a new client a personal as well as professional one.

For example, I recently settled a long-running case for my clients Steve and Sharon Rogers (names given with their kind permission). We got on well from the beginning. They were perfect clients:

  • polite
  • co-operative
  • attentive
  • respectful of my time and other client responsibilities
  • flexible, and above all,
  • genuine and trustworthy.

I believed in them and their case. I was prepared to run their case to trial, risking thousands of my firm’s costs because we acted on a no win no fee basis. But it didn’t come to that and we settled out of court. Still, their case took years, and we spent many hours working on it. Without our relationship, a case which was a pleasure to work on would have been a hard slog. The feeling was mutual. This is what they said on Facebook:

Steve Rogers recommends Donoghue Solicitors.

16 July at 13:27 ·

We can’t thank Daniel Fitzsimmons enough. Thank you for being by our sides and sticking with our case for over 4 and a half years. You’ve been there for us whenever we have needed you. Words cannot explain how happy we are with the result. A 5* solicitors from beginning to end. We are eternally grateful. Steve and Sharon Rogers

5 The work is the reward

My comments above may make the choice to make a career as a Chartered Legal Executive a strange one. There will be long nights, stress, and critical public attacks in the media. But there is also a deep sense of satisfaction which can come only from practising law.

For example, this week I settled a case for a client who had been falsely imprisoned by the police. They had executed an IP address search looking for a child pornographer. The police wrongly identified my client and arrested him at work. They accused him of extremely serious and damaging criminal offences. Officers raided his home, terrifying his partner. The police detained my client in a cell for over four hours before admitting their error. He suffered anxiety and an adjustment disorder, as well as damage to his reputation.

With my help my client sued the police. Together we got him

  • a full apology
  • a promise to learn lessons from the bungled mission
  • £10,500 compensation.

In short: justice– a reward for my client, me, and the wider public.

Kemmi Alfa is a Chartered Legal Executive at Donoghue Solicitors

Kemmi Alfa is a Chartered Legal Executive at Donoghue Solicitors.

Learning to be a Chartered Legal Executive

I am sure that my colleague Kemmi Alfa will make an excellent Chartered Legal Executive. We are all very proud of her. But, as I hope I have made clear, qualifying is just the beginning. In legal practice, the learning never ends.

Daniel Fitzsimmons is a Chartered Legal Executive at Donoghue Solicitors. Contact him here.

 

Do the Police Have Double Standards?

Photo of Daniel Fitzsimmons, a Chartered Legal Executive, who asks if the police have double standards.

Daniel Fitzsimmons, Chartered Legal Executive, asks if the police have double standards here.

By Daniel Fitzsimmons, Chartered Legal Executive

Knife crime is a serious problem. The police are right to highlight this and seek harsh punishment for offenders. But what about when it involves one of their own?  Then, as two of my clients have found, things aren’t quite so straightforward. Read on and ask yourself if the police’s conduct reveals double standards.

Domestic Dispute

I represent “John” and “Sarah” (names changed as their case is ongoing), a married couple. One night they got into a petty argument. Voices were raised. Their daughter got scared and called the police.

Officers came to the family’s home and demanded that John let them in. He refused, believing that the police had no right of access.

But the police insisted. (I understand that the officers claim they were relying on s.17 Police and Criminal Evidence Act. They argue that they were “saving life or limb or preventing serious damage to property”. But, in my opinion, this legal basis doesn’t fit the facts, so making what happened next unlawful.)

The police forced their way into the house, wrestling John to the ground. He continued to protest and resist, sure that he had done nothing wrong and that the police had no right to be in his home. After a struggle officers arrested and handcuffed John, injuring him in the process. They took him to a police car and drove John to the police station. John was “booked in” and, to his amazement, told he was being held for assaulting a police officer in the execution of his duty. In interview John insisted that he had done no such thing. The police charged and bailed him. John pleaded not guilty. His case went all the way to trial, where he was acquitted.

Police Complaint

John knew that the police’s case was unfounded, and that the prosecution was wrong. He was sure he had the right to defend himself. John felt mistreated and contacted me because my firm specialises in helping people with civil actions against the police.

John told me his story. I listened as he explained that not only had the police forced their way into his home, but that they had injured him during arrest. He described deep, sharp, cuts to his arms which needed medical treatment. He saw his GP the day after the arrest and told the doctor what had happened. John’s GP didn’t think the cuts were from handcuffs: he thought they were from a bladed object.

A couple of days after the incident the family came across a multi-tool, or “Swiss army”, knife in their home.

It wasn’t theirs.

It had a name engraved on the back.

It was one of the police officers.

Police Professional Standards Department Involvement

I agreed to help John and Sarah bring a formal complaint against the police. John gave me the multi-tool for safe-keeping.

Recently, I spoke with an investigator at the police force’s Professional Standards Department. This police officer’s job is to impartially investigate the complaint. At the end of the investigation he should prepare a report showing his findings and recommendations. Police officers may be cleared of any wrongdoing at the end of this process. If not, and depending on the circumstances, proposals for how to deal with any adverse findings can include

  • “management action”, a form of advice and guidance which is designed to deal with misconduct in a timely, proportionate, and effective way.
  • formal misconduct proceedings and, in rare cases,
  • criminal charges.

Professional Standards investigators have a crucial role in maintaining public confidence. They “police the police”.

Sadly, I do not have confidence in the way this investigator is handling John and Sarah’s complaint because:

  1. He has sought to deal with their complaint by way of “local resolution”.
  2. He knew about the multi-tool knife and tried to get it back.

1. Local resolution

Local resolution is the least formal process for dealing with police complaints. It is unsuitable given the facts because it cannot result in misconduct or criminal proceedings.

John and Sarah’s case is unusual in that it is not a “he said, she said” case, where police officers normally have the advantage. The facts have already been tested in a criminal court. John was cleared of the serious charge of assaulting a police officer after reviewing sworn evidence from both sides.

But questions remain about whether the police acted improperly by

  • forcing their way into his home,
  • arresting,
  • assaulting,
  • detaining,
  • charging, and
  • helping prosecute him.

These issues alone merit a more formal investigation.

2. “Swiss army” (multi-tool) knife

The investigator was aware that an officer’s Swiss army (multi-tool) knife had been left at the family’s home. He also knew from the police complaint that John alleged he had been cut during the arrest. The multi-tool device left at John and Sarah’s home is a “Gerber Dime”. This is it:

Photo of Gerber Dime multi-tool knife found at client home.

This is the multi-tool found at our client’s home following a police visit.

Gerber sell similar tools for £29.99 plus shipping in the UK, with personalised engraving available for £3.99.

As you can see from this youtube video, it’s a versatile tool which has two blades; a regular “fine edge” blade and a retail package opener:

Now look at these photographs of John’s arms.

Photo of forearm injuries caused by police during arrest.

Photo of our client’s forearm (used with his kind permission). Note where the cuts appear.

Photo of cuts to arm following arrest.

Deep, straight line cut to our client’s wrist.

Was his GP right in thinking that the cuts were caused by a bladed object? Did one of the multi-tool’s knife blades cause John’s wounds?

Given that

  1. John suffered multiple cuts consistent with knife wounds,
  2. these included a cut high up his forearm (shown in the first photograph), and
  3. the officer’s multi-tool was found at the couple’s home

what other rational explanation is there for how John was injured?

If the police officer used the knife blade to assault John during the arrest, he could be facing serious misconduct and criminal charges.

Even if that is not proven, is it right that a police officer should take a multi-tool to a domestic house call? They are not standard kit for police officers. Why would the officer think it was appropriate to “go equipped” on the job?

I told the PSD investigator about my concerns and that this matter is not suitable for local resolution.

Photo of Gerber Dime multi-tool

Are police double standards exposed if an officer uses a multi-tool knife like this during an arrest?

Double Standards Exposed?

He then raised another troubling issue.

The investigator asked if my client would return the multi-tool knife as the officer wanted it. I couldn’t believe what I was hearing. The investigator knew that the multi-tool knife had been left at (what a court may later decide) was a crime scene. But, instead of

  • stressing the serious nature of the matter, and
  • advising that it was a crucial piece of evidence which the department would keep,

the investigator simply said that the officer wanted it back.

Does this reveal double standards in how the force deals with police complaints? Look at it this way: if it was alleged that my client had used a multi-tool knife on an officer he would not get it back before the conclusion of criminal proceedings. And the charges he faced would be more serious than those John fought at court, in which the prosecution claimed he assaulted a police officer in the execution of his duty. That alone is “aggravated” assault and can result in six month’s jail time and a hefty fine. Using a knife would have led to more serious charges and made a possible conviction far worse.

Is it right that the police’s investigator tried to recover this crucial piece of evidence and return it to his colleague?

Protecting Evidence

I told the investigator that I had the knife and would keep hold of it. In doing so, I am fulfilling my legal duty to preserve evidence. I am worried that this crucial piece of evidence might mysteriously disappear if I returned it now.

And, given what I now know, I am not confident this complaint against the police will be fairly investigated. As I see it, the police’s double standards have been exposed. My clients know my views and are prepared to bring civil court proceedings if justified and necessary. We await the outcome of the Professional Standards Department’s investigation with interest.

Daniel Fitzsimmons is a Chartered Legal Executive who specialises in civil actions against the police. Contact him here.

How the Civil Liability Act Will Affect Motorists

Photo of Jack Hudson, LLB (Hons), who considers the effects of the Civil Liability Act here.

Jack Hudson looks at the likely effects of the Civil Liability Act.

By Jack Hudson, LLB (Hons), litigation executive at Donoghue Solicitors

I recently settled a claim for my client Greg Barber. (Greg has kindly given his permission for me to use his details.)

Mr Barber’s case highlights the positive impact of legal representation. This is something which many motorists will lose next year when the Civil Liability Act comes into force. Read on to find out how.

What Happened?

Greg was driving his car on the main road when another driver pulled out of a side road and hit it. Mr Barber suffered an injury to his neck and shoulder. At first, he thought it was “whiplash”. His car was also damaged. Both drivers exchanged details at the accident scene.

Greg instructed Donoghue Solicitors to help because we specialise in accident claims. I submitted his claim to the other driver’s insurers. They dealt with Greg’s car, leaving me to help with his personal injury compensation claim and other expenses.

I arranged for a medical expert to examine Greg. Because Mr Barber instructed Donoghue Solicitors, he did not have to go to the trouble of

  • finding a suitable expert close to home,
  • arranging the appointment,
  • researching the Civil Procedure Rules to give the expert suitable instructions, or
  • paying for the report.

The doctor gave Greg a thorough examination. He confirmed Greg’s “whiplash” diagnosis. But the medical expert was also concerned that Mr Barber might have suffered a neck bone break and recommended an MRI scan.

This was a very worrying time. Mr Barber was in pain and concerned that things could be made worse by the possible break. I arranged for Greg to have the MRI scan at a private hospital, again at no cost to him. Thankfully, the scan confirmed “no traumatic pathology”. (In layman’s terms, Greg had not broken his neck.) But he still needed physical therapy to help his whiplash symptoms.

Again, at no direct cost to him, I arranged for Greg to get ten sessions of private physiotherapy. This helped him recover from neck pain more quickly than if he had not had the treatment. It was good for Greg and the paying insurers.

Despite the treatment Greg did not recover as the medical expert specialist expected. I arranged for a report from the physiotherapist and sent it to the doctor. The medical expert agreed to extend the prognosis period to cover the extra recovery period. Greg’s total recovery period was just less than a year.

Armed with this information I negotiated settlement of Greg’s claim. Using my specialist legal knowledge and expertise I helped him get £3,200 for his road accident claim. This was an excellent settlement based on the medical evidence. I also made sure that the insurers paid all associated expenses. These included the cost of the MRI scan and private physiotherapy.

Greg did not have to pay for my services up front as we acted under a “no win no fee” agreement.

How the Civil Liability Act Will Change Things for Motorists

The Civil Liability Act became law on 20 December 2018. (You can read it here.) Among other things it drastically changes the procedure for “whiplash” claims. The Act defines whiplash broadly, saying it is:

“an injury of soft tissue in the neck, back or shoulder that is…a sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder, or an injury of soft tissue associated with a muscle, tendon or ligament in the neck, back or shoulder”.

The expected start date of the new regime for motorists suffering whiplash injuries is April 2020. From then, injuries like this which last less than two years will be valued using a tariff system in most road traffic accident cases. The government has not published the tariff, so we do not know how it compares to the current system, which is based on the Judicial College Guidelines and established case law. Instead the Act says:

(2) The amount of damages for pain, suffering and loss of amenity payable in respect of the whiplash injury or injuries, taken together, is to be an amount specified in regulations made by the Lord Chancellor.

This is not very helpful. Draft figures suggest significant reductions in compensation awards.

Another effect of the Civil Liability Act is that legal costs will not be payable. This forces motorists to bring claims themselves unless they want to pay privately for expert help. Instead, motorists in eligible cases will submit details of their claims as “litigants in person” using an “online portal”.

It seems that the true purpose of the Civil Liability Act is to make it harder for claimants to seek compensation. If that point isn’t crystal clear, the Conservative government also plans to raise the small claims track limit in April 2020. The increase will apply to claims worth less than £5,000 in road traffic accidents, and £2,000 in other personal injury matters. This will prevent innocent claimants from recovering legal fees from their opponents in many other genuine cases.

What would happen to Greg’s claim after the Civil Liability Act came into force?

Greg Barber would have found things very different if he had his accident after April 2020, the expected start date of the new claims regime.

He would have to deal with everything himself unless he was willing and able to pay a solicitor (or claims manager) to deal with his claim.

Greg would

  • have to research how to bring a road traffic accident claim,
  • need access to a fast, reliable internet connection to access the claims portal, and
  • learn how to use the new system to claim compensation.

As anyone who has ever dealt with government knows, things are rarely easy or trouble-free. The current online claims portal system lawyers use to help people bring compensation claims had a difficult birth. It was introduced in 2010 but was delayed for months. When it eventually started the portal had many difficulties. It still gives experienced lawyers headaches, especially when describing liability and causes of action in strict legal terms. (There can be serious consequences if you get it wrong.) There’s no reason to think that the new portal system will roll-out smoothly, or that it will be easy to use for the inexperienced. And it is likely that Greg would have to navigate Medco, which is a separate online system, to get his medical report.

The tariff system could be problematic too. As I mentioned above, it is focused on soft-tissue “whiplash” injuries. But what about investigations into Greg’s neck injury? At one point he thought he might have broken his neck. Thankfully, an MRI scan confirmed that wasn’t the case. But it was still worrying and needed to be investigated. The new system would allow for a medical examination. But without a lawyer fighting his corner Greg might have had his neck concerns dismissed by the doctor.

Also, the new Act is full of confusing language, especially when considering multiple injuries. If Greg had suffered more than just whiplash some, or all, of his claim may have been excluded from the Civil Liability Act system completely. (Legal experts are debating this.) But how would he know without reading and correctly interpreting the Act?

All these issues could come up before Mr Barber even tries to settle his claim. In Greg’s case it is likely that the tariff system would apply because his whiplash injury lasted less than two years. We don’t know the amount of compensation he would get but, on the draft figures, it could be as much as £2,000 less for the same injury.

If Greg disagreed with the tariff valuation and wanted to contest it, he would have to argue his case before a judge in court. He would probably come up against a qualified barrister or solicitor paid by the insurers. He may back down and accept the offer when he realises this, deciding that it’s just not worth it.

Confidence in the Legal System

Greg Barber was unfortunate to have been involved in a road traffic accident. But he was lucky it happened before the Civil Liability Act 2018 came into force. This meant he could get expert representation to

  • independently protect his interests, and
  • make sure he got the maximum compensation for his claim.

Motorists after April 2020 may not be so lucky.

Innocent motorists like Greg do not go looking for accidents. They are injured and suffer loss, inconvenience, and stress through no fault of their own. They want to be put in the pre-accident position. This is their legal right under centuries-old tort law. And yet insurers and the government have crafted the Civil Liability Act to unfairly penalise them.

Insurers won when this Act passed. They will save money on compensation and legal fees. But the real cost of the Civil Liability Act will not be measured in insurance company profits. It will be in the public’s lack of confidence in the legal system. Without expert representation many will be put off from bringing a claim in the first place. Those that do may be confused by the online claims system. And for the lucky few that navigate their way through it they may end up under-settling their claims and/or get left with the nagging feeling that they’ve been had.

The effect of the Civil Liability Act is to emphasise the “inequality of arms” and undermine the rule of law.

Is that justice?

Contact Jack Hudson for help with your compensation claims here.

 

Donoghue Solicitors Shortlisted in Liverpool Law Society Legal Awards

Photo of Kevin Donoghue, solicitor director of Donoghue Solicitors.

Kevin Donoghue, solicitor director of Donoghue Solicitors. His firm has been shortlisted in the 2019 Liverpool Law Society Legal Awards.

By Kevin Donoghue, solicitor director of Donoghue Solicitors

We did it again! Donoghue Solicitors has been shortlisted in the Liverpool Law Society Legal Awards for the third time in a row.

This accolade comes hot-on-the-heels of our shortlisting for Boutique Law Firm of the Year in the 2019 Modern Law Awards.

Read on to find out why we’re shortlisted and what this means to us and our clients.

Liverpool Law Society Legal Awards 2019 logo.

Donoghue Solicitors has been shortlisted for the Small Law Firm Award in the 2019 Liverpool Law Society Legal Awards.

Why Liverpool Law Society Legal Awards are Trusted

The bi-annual Liverpool Law Society Legal Awards are described as “celebrating legal excellence”.

An independent panel judges the Awards. Panel members come from the worlds of business, academia and the judiciary. Glenys Hunt, a non-practising past president of Liverpool Law Society, chaired this year’s panel. Members included:

  • Professor Warren Barr Head of Department at Liverpool Law School, University of Liverpool,
  • Ms Lesley Martin-Wright, Chief Executive of Knowsley Chamber of Commerce
  • His Honour Judge Graham Wood QC, the Designated Civil Judge for Cheshire and Merseyside.

Liverpool Law Society jealously protects the integrity of the Awards. No director of the Society or staff member gets involved in the judging of the Awards in any way. The Chair’s role is to assist and guide the Panel only. She does not have voting rights. The judging panel makes its decisions confidentially. Only the judging panel interviews the nominees. Directors or staff members of the Society are excluded.

Why Donoghue Solicitors is Shortlisted for Liverpool Law Society’s Small Law Firm Award

Donoghue Solicitors has been shortlisted in the Small Law Firm Award category. Competitors must be law firms with up to 30 locally-based staff (including non-fee- earning staff). The “local” area is large. It includes the city of Liverpool, and the Metropolitan Boroughs of Wirral, Knowsley, Sefton, Widnes, St Helens and Neston in the County of Cheshire.

Having met that definition, the judging panel then considered the following:

  • a firm that has made a significant contribution and/or brought reputational benefit to Liverpool and surrounding areas
  • evidence of attracting more than local work
  • a firm that represents “law at its best”
  • demonstrating a commitment to law as a business, run effectively while taking into account client care
  • training initiatives and accreditations received or being worked towards
  • client initiatives that have set the firm apart from the rest
  • contribution to the community including pro-bono work.

The judges decided that Donoghue Solicitors was one of only two firms which met these strict criteria.

Niche Law Firm Award for the 2019 Modern Law Awards.

Donoghue Solicitors was also shortlisted for the Boutique Law Firm Award in the 2019 Modern Law Awards.

Liverpool Law Society Comments

The Society announced the shortlist by saying:

Liverpool Law Society is delighted by the number of nominations received for the 2019 Legal Awards from individuals, teams and firms across the membership. The competition has been fierce, the independent judging panel have met and interviews have taken place. The judging panel said: “The quality, quantity and calibre of applications for this year’s Liverpool Law Society Legal Awards has been incredibly high, which reflects the strength and talent of our local legal community.

Liverpool Law Society President Chris Topping said:

I am very excited that the Legal Awards ceremony is now only a few weeks away, the announcement of the shortlist is always a significant moment in the build-up. I know that the evening will be a fantastic showcase for the excellent work of both individuals and firms who are members of Liverpool Law Society and I hope you will join with me in this celebration.

The awards ceremony will take place at Rum Warehouse, Stanley Dock, Liverpool on Friday, 17th May 2019. The BBC’s Roger Johnson is hosting. The local Law Society describe the black-tie event as “one of the highlights of the region’s legal profession’s calendar’s year”.

Why This Matters

I am thrilled that the judging panel recognised my team’s efforts.  Their dedication and commitment to our clients impresses me every day. I look forward to taking my staff to the event as a “thank you” for all their hard work. This expert recognition also gives our clients confidence that they are working with a leading law firm, dedicated to putting their needs first and representing “the law at its best”.

Kevin Donoghue leads Donoghue Solicitors, a firm of compensation claims lawyers. Contact him here.