Crime

Abigail has a predominantly criminal practice. She has undertaken a broad spectrum of work including both prosecution and defence. She has:

• Experience of conducting a wide variety of trials - both prosecution and defence - including those for offences of robbery, false imprisonment, assault, affray, drugs offences, conspiracy to defraud, money laundering, fraud, theft, sexual offences, firearms, aggravated burglary etc.
• Dealt with fitness to plead hearings, and findings of fact;
• Prosecuted and defended DWP and Customs and Excise prosecutions;
• Prosecuted and defended Health and Safety Executive offences;
• Defended many FACT and MPS prosecutions;
• Extensive experience defending Environmental Agency prosecutions - usually acting for private companies;
• Prosecuted and defended probation service and YOT prosecutions;
• Acted for the local authority and the defendant/appellant in a variety of licensing cases, including trials, appeals and closure proceedings. She has a particular expertise in taxi licensing matters;
• Acted in a wide variety of road traffic trials, including offences of death by dangerous driving, and death by careless driving.
• Extensive experience in Proceeds of Crime Act Confiscation and restraint proceedings.
• Expertise in Judicial Review cases.

Abigail has been heavily involved in proceedings relating to the free movement of trade and discrimination on the grounds of nationality, pertaining to UK statutory provisions under the Copyright Designs and Patents Act 1988. She regularly deals with s297 prosecutions in the magistrates’ court and crown court, and frequently argues the impact of European Law on prosecutions on behalf of BSkyB, of publicans using foreign satellite to show premiership football. Following provisional success at the European Court of Justice (upon publication of the Advocate-General’s opinion on the 4th February 2011 – Karen Murphy v MPS ECJ ref C-429/08), it is to be hoped that similar success will follow in relation to so-called “non-European” decoder cards.
Abigail has substantial experience in human rights and planning law, having been involved in numerous public enquiries. She defends breach of enforcement notice proceedings in both the Magistrates court and Crown court.

She regularly undertakes parole board lifer panel hearings and adjudications, and provides training in all aspects of prison law.
She is on the Victims Advocate Panel, and is fully versed in legislative developments, having significant expertise in handling vulnerable witnesses. She is regularly instructed in cases of sexual abuse of children.

Abigail is a category three prosecutor.

Public/Administrative Law

Abigail is a member of Chambers’ public law group, regularly providing advice on judicial review. She has pleaded matters of prison law – including parole and adjudication irregularities - in addition to criminal procedure issues and review of decisions made by the police. Abigail is experienced in taking cases relating to a variety of decisions made by public bodies, particularly:

• failure to provide necessary training or facilities to prisoners;
• failures to hold oral hearings – promptly or at all;
• Disclosure of information by the CRB.
• Breach of article 5, 6 and 8 ECHR.
She initiated the case of C v Chief Constable of Greater Manchester [2010] EWHC 1601 (Admin) concerning the unlawful disclosure of non-conviction information on an Enhanced Criminal Record Certificate, resulting in the destruction of the claimant’s employment prospects. That case went on appeal to be heard in January 2011 R (on the application of C) v Chief Constable of Greater Manchester [2011]. As a result of that decision the Home Office has announced that the Vetting and Barring Scheme introduced in 2009 is to be drastically scaled back. Criminal record checks will now only be carried out on those who have intensive contact with the young. In addition, Criminal record checks will now be sent to the applicant before going to the employer to allow the challenge of any mistakes therein.
As a member of the mental health team she has a specific interest in human rights issues, and a background in public law. Abigail regularly presents seminars and workshops to Consultant Psychiatrists regarding the duties of an expert witness, court skills, and the recent and ongoing changes in mental health law.

Member of NALA (the Northern Administrative Law Association).

Personal Injury

As a member of the civil team, Abigail has a practice in personal injury law including applications, disposal hearings and fast-track trials. She has extensive experience with road traffic accident matters, including credit hire agreements. She further has represented appellants before the Criminal Injuries Compensation Appeal panel, and has dealt with cases of contentious probate.

In addition, Abigail has a significant interest in, and experience of, dealing with bereaved families and material witnesses throughout inquest proceedings.

Public Access