James Leonard

Call date: 1989

Email: James Leonard

Clerk: Stephen Somerville

Areas of Law:	Public Access, Environment, Commercial Fraud, Public Law, Disciplinary & Regulation, Health & Safety, Clinical Negligence, Business & Banking, Specialist Crime

Practice summary

James specialises predominantly in Regulatory, Health & Safety and Environmental Law. He also has a considerable background in high level fraud and corruption cases, financial services law, multi-jurisdictional confiscation proceedings, public law and is able to receive public access instructions.

His experience of representing health care professionals extends to Inquests, the GMC, the GDC, the FHSAA (now the Tribunal Chamber for Education Health and Social Care), and the Royal Pharmaceutical Society of Great Britain disciplinary tribunals. He is instructed in other professional disciplinary tribunals (solicitors and accountants) and appears in the High Court and Court of Appeal concerning the challenge of regulatory orders.

In the medical tribunals, James represents clients up to Consultant level in relation to performance, health and conduct issues with a particular emphasis on conduct which includes misconduct, fraud and suspected sexual impropriety. He has a background in serious crime (and is a veteran of innumerable murders, manslaughters, sexual offences and investment/ tax frauds) and, when dealing particularly with conduct allegations against professionals which involve criminal behaviour, James appears in the Crown Court.

During the summer of 2010 James was Junior to Adrian Hopkins QC in the GMC, representing Forensic Pathologist Dr Freddie Patel in relation to innumerable allegations relating to Dr Patel’s appearance at Inquests. In 2011 he went on to represent Dr Patel at the G20 Protest Inquest into the death of Ian Tomlinson, one of the most high profile inquests of recent years. In 2011, amongst other sensitive cases in the GMC, James represented a Shropshire GP charged with deliberately administering a fatal dose of diamorphine to one of his patients in a so called “mercy killing”. The case amounted to an allegation of murder, attracted national publicity but was resolved by the Doctor receiving a formal warning. His case load for 2012 has already included instructions for Consultants and Senior Clinicians in relation to misconduct and performance issues which will be before the Fitness to Practise Panels in the months ahead.

His Health & Safety and Environmental work leads to appearances in Courts at every level of the spectrum but the cases tend to be at the higher end of the scale of seriousness. More often that not, those cases include fatalities in the work place and offences under the Corporate Manslaughter and Corporate Homicide Act 2007. He represents nationally known PLC’s (including Comet Group PLC, RWE Npower PLC, Western Power Distribution PLC, and Tulip Group PLC) as well as smaller Limited Companies and their Directors. In addition he has a well established practice defending death by dangerous driving cases in the Crown Court. In 2012 James will continue to advise a variety of companies in relation to fatal accidents in the work place and in particular has been instructed to represent one of the interested parties in the Lakanal House Fire Inquest in Southwark due to be heard in the autumn over a period of 2-3 months.

His fraud and financial services practice includes allegations of tax fraud, VAT/MTIC fraud and corruption at the very highest level especially appearing as a Leading Junior. The management of evidence and unused material in vast cases and the law of abuse of process are particular specialities. He has an interest in developing VAT tribunal work. His existing work includes complex multi-jurisdictional confiscation proceedings involving Switzerland, the Channel Islands, Spain, Andorra, the Turks and Cacaos Islands, Gibraltar and the United States of America.

James’ reputation is for prompt assistance to professional clients; calm, reasoned and practical advice for all lay clients as well as robust advocacy, fearless cross examination and sound tactical sense in Court.

A selection of recent cases

HSE v. RWE Npower PLC 2010
Defending, with Richard Lissack QC, a prosecution under section 3 of the HSWA 1974 brought by the Health and Safety Executive concerning a failed isolation in a compressed air system that led to a contractor being injured. The case involved a 3 day application for a stay relating to abuse of process which, although unsuccessful, resulted in a fine of £7,000 and a modest costs order in favour of the HSE.

Re Maypole Nursing Home 2010
Representing the two former owners of the Maypole Nursing Home in relation to an Inquest taking place 6 years after the events. Instructed by Berrymans Lace, Mawer for the two former Doctors, the allegations were of unlawful killing, unjustified sedative medication, unlawful restraint of patients and poor management of the home. The jury returned a short form verdict of natural causes.

HSE v Tulip Group Limited 2009 and 2010
Representing the Defendant in the Court of Appeal (Criminal Division) in respect of a number of admitted breaches in relation to separate incidents at the Defendant’s premises with no issues concerning ability to pay. The Court of Appeal reduced all the fines by approximately 1/3rd.

Re Premier Lifts Limited
Representing, as a Leading Junior, a company Director who was charged with fraud and corruption stretching back over 6 years and across 3 London Boroughs with “millions”. The majority of the case was stayed as an abuse of process; the Director pleaded guilty to corruption on a limited basis and was given a suspended sentence of imprisonment.

Re A Strategic Health Authority
Advising a Strategic Health Authority in relation to an HSE investigation of an outbreak of Clostridium Difficile and the death of 96 patients. Advising on co-operation, disclosure, confidentiality, internal enquiry documents and strategy for the future management of the case.