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Roger Birch

Year of Call: 1979

Civil

Roger Birch is very experienced in the area of Professional Negligence and is regularly instructed in Personal Injury claims with an emphasis on Medical Negligence as in Dental and Cosmetic Surgery.

As well as commonly prosecuting on behalf of Local Authorities in Health and Safety matters he represents individual claimants in Occupational Injuries and Diseases such as silicosis.

Roger Birch specialises in Company Directors Disqualification Proceedings and Insolvency and he has both represented and appeared against the Department for Business, Innovation and Skills.

He is also instructed in Court of Protection matters and has appeared regularly in the High Court with Contentious Probate and Inheritance Act Claims.

Crime

Roger Birch has extensive experience in prosecuting Fraud cases; in particular representing a Local Authority in one of the largest cases of Housing Benefit Fraud. He has successfully led for the Crown in multi-handed cases against Leading Counsel in matters involving National Security, Lotteries Act, Fraudulent Trading, Insolvency, Letters of Credit, Money Circulation and Laundering Schemes.

He also defends and prosecutes in cases of Regulatory Enforcement, Food Standards, Licensing, Counterfeit Goods, Planning, River Pollution and Environmental Protection.

He has recently successfully prosecuted a high profile case involving Medicinal Products (Legal Highs) and has developed a specialism in Medicine Act cases.

Direct Access

Roger Birch undertakes Direct Access Work

Articles Written

Inheritance (Provision for Family and Dependants) Act 1975 - Claims by Adult Children,

Company Directors Disqualification - Legal Aid and Human Rights, and

Medicines Act - when can a so called Legal High be defined as a medicine

All the Articles have been published in the New Law Journal.

Lectures and Representation

He has lectured on the Medicines Act and on fraud and money circulation schemes. He has represented the United Kingdom at European Conferences on organised fraud and computer misuse

Memberships

APIL

Chancery Bar Association

Proceeds of Crime Lawyers Association

South Eastern Circuit

North Eastern Circuit

Education

BA (Hons) Cantab

Cases of Note

  • Regina -v- Ashok Malik [2011] EWCA Crim 1107 (Court of Appeal) A case on section 92(5) of the Trade Marks Act 1994 - Defence - Good Faith - a review of the case of R -v- McCrudden [2005] EWCA Crim 466
  • R -v- Wilson [1996] 2 Cr App Reports 241 (Court of Appeal)
    Consent to assault in sexual activities cases
  • R -v- Manchester Crown Court ex parte McDonald and Leeds Crown Court ex parte Hunt [1999] 1 All ER 805 (High Court)
    One of the leading cases on Custody Time Limits
  • R -v- Bevis [2001] Cr App Reports (S) 49 (Court of Appeal)
    The first case on the interpretation of Section 208 Insolvency Act 1968 - Directors Disqualification - Degree of Criminality
  • In Re Chapham (Deceased) [2006] WTLR 203 (High Court)
    Trustees' liability - inter vivos settlements - negligence - portions- exclusion clauses
  • R(on the application of Donald Lewis Jenkins) v HM Coroner for Porthsmouth and South East Hampshire and Cherie Cameron [2009] EWHC 3229 (Admin) (High Court)
    (Challenge to Coroners Verdict - Circumstances of when somebody can refuse Medical Assistance - Review of Authorities)

  • O'Grady Plant and Haulage Limited, Paul O'Grady, Sarah O'Grady -v- London Borough of Tower Hamlets [2011] EWCA Crim 1339 (A case on Section 33 (1) Environmental Protection Act 1990 - Prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste)

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