EliteDefense Law Group

11/02/2024

Success for the CWD Criminal Department!
R v O – Croydon Crown Court – Our client was due to stand trial in relation to an offence of wounding with intent, which arose from a ‘road rage’ incident back in 2015. There had previously been a number of hearings in this case, the last of which had been a listing for trial at the end of 2016. Unfortunately, the prosecutions consistent refusal to disclose the complainant’s historic medical records, which the defence had always identified as potentially relevant, prevented the defence from being trial ready. Following an oral application by the defence and despite their opposition, the Crown Prosecution Service were ordered by the Court to deal adequately with this disclosure.

As a result and earlier this year, we received a large bundle of documents and medical records stretching back some years. Careful consideration of this material highlighted the real possibility that some of the injuries and subsequent symptoms complained of by the victim, as being caused by our client, appeared to have been pre-existing.

The case was again listed for trial. Armed with the information we had sought for so long, counsel was able to submit that a guilty plea to the lesser offence of wounding would be appropriate in the circumstances. Both prosecuting counsel and the Learned Judge were in agreement, with the Judge indicating that should a guilty pela be entered, even at such a late stage, he would not seek to impose an immediate custodial sentence in this case.

Our client pleaded guilty to wounding and following mitigation by defence counsel received a sentence of 18 months imprisonment suspended for 2 years together with an order for compensation. Taking into account that had he been convicted of the more serious offence he would have expected a sentence of 6 years imprisonment, this was a truly fantastic result.

Steve Foster of the CWD Private Crime Team said ‘This really is a fine example of hard work and determination eventually paying dividends for our clients. Despite huge frustration and dogged opposition from the Crown, we were able to obtain information not generally available to defence teams. Contained in those papers was precisely the information we needed to keep this man out of prison. If we hadn’t stuck to our guns, together with counsel, we may never had found it. The potential consequence of that for our client was unthinkable. We’re just really grateful to our barrister Matthew McDonagh for putting in so much hard work and also so pleased for our client and his family. They can now start to rebuild their lives following the uncertainty of the last year or so’

Later that day we received a message from a very grateful client:

“I don’t think I thanked you properly, so was ringing to say thank you very much. You’ve been great support and your passion is what has kept me going all throughout. I just wanted to say thank you and wish you the best, hope to meet again in a different more positive place”

Matthew McDonagh of Outer Temple Chambers http://www.outertemple.com/barristers/matthew-mcdonagh/ was instructed by Steve Foster and Paul Coleman of the CWD Private Crime Team

Matthew McDonagh is a renowned trial advocate who appears in the criminal jurisdiction and before regulatory and disciplinary tribunals.

11/02/2024

$2.2 Million Customer Dispute With Betfred Going to Summary Judgment

Betfred claims the software glitched
A customer dispute with Betfred dating back to early 2018 will now go before a High Court judge in the UK for a summary judgement. The court appearance is expected to occur in October.

The case involves a player named Andy Green, who was playing “Frankie Dettori’s Magic Seven Blackjack” on the Betfred mobile app. Green’s lawyer, Peter Coyle, told Gambling Insider that Green played the game for six hours one day before winning a £1.7 million ($2.2 million) jackpot on odds of 7,777/1.
Coyle said that for four days, representatives from Betfred congratulated them and then suddenly changed their tune, saying the site would not pay him his winnings.

The reason: the game malfunctioned.

10/02/2024

Peter Coyle
Director

Peter started his professional life in the City of London litigating insolvency and banking disputes. He worked for National Westminster Bank and Coutts & Co in their Corporate Recovery Teams in both London and New York.
Peter also managed a large portfolio of cases for the liquidators of BCCI recovering substantial sums in litigation throughout Europe and in Pakistan. Peter moved out of the City in 1996, principally to add some private client variety to his corporate banking expertise.

This transition has led to the development of CWD’s sports law practice, aided by Peter’s passion (some would say obsession) for sport and his large network of sporting contacts built up over three decades of legal practice.

Peter now serves as General Counsel or Legal Director to a number of CWD’s commercial clients, giving them instant access to commercial and transactional expertise drawn from his thirty years’ experience in litigating commercial disputes.

This more sedate specialism in ‘dispute prevention’ has given Peter more time to dedicate to his other qualifications as a CEDR accredited Mediator and as a FIFA licensed football agent.

Away from the CWD, Peter is kept occupied by the therapy of cooking, the physical strain of gardening, the occasionally good golf shot at Harewood Downs Golf Club and the stress of following the fortunes (and misfortunes) of West Ham United FC.

10/02/2024

Vanessa Macleod
Associate Member of CILEX (ACILEX)

Vanessa joined our Family Department in 2011 having spent 9 years as a legal assistant in a leading Thames Valley Law firm.

Vanessa has supported many clients with their divorce/separation and the varied issues arising from the breakdown in their relationships. She has experience in private Children Act proceedings, TOLATA and Financial Remedy Applications (often involving complex and detailed financial analysis).

The nature of family law is often sensitive, and Vanessa has been praised for “bringing a human element” to her cases.

In a previous life, Vanessa travelled extensively throughout Europe and Africa and spent 12 years in Kenya (now regularly returning for holidays). She had various roles including working in a Cottage Hospital and running a business that provided a link between the surrounding remote farms and town area. She also assisted with the running of a safari business taking clients to the many national parks and reserves showcasing Kenya’s culture and varied wildlife.

09/02/2024

David Sheahan
Director

Whilst originally from Durham, David has spent all of his professional career in the South East of England. Before joining CWD in 2005, David spent 6 years in the commercial litigation department of another local practice.

David now manages all of the firm’s property litigation. He also manages the firm’s intellectual property caseload with particular emphasis on passing off claims and trademark infringement.

David enjoys prosecuting defamation claims including, unusually, claims for corporate clients of CWD. In one recent High Court case, David’s corporate client was awarded substantial damages damages for publication of a defamatory letter to a single individual whilst successfully defending counterclaims for breach of contracts and breach of the Copyright and Rights in Databases Regulations 1997.

David is married with two young sons and a daughter. As a younger man, David played ice hockey very combatively for the Durham Wasps and Humberside Hawks ice hockey clubs as well as having a trial for the Great Britain under 21 team (in his much younger days!). He now prefers following Sunderland FC (which others in the firm view as an entirely “non-competitive” use of time!).

09/02/2024

Jackie Revell
Solicitor

Jackie has been practising as a solicitor since Sept 2001 having previously excelled in a nursing career.

Jackie was recruited from Steeles in London to bolster CWD’s insolvency practice. Jackie’s work for Insolvency Practitioners (Trustees in Bankruptcy, Administrators, Liquidators and LPA Receivers) is principally driven at securing better realisations for secured and unsecured creditors to insolvent businesses. Spinning off from this work and the crippling shortage of cash within the economy since the summer of 2008, Jackie has increasingly used her forensic skills to uncover and prosecute misfeasance claims against company directors for Insolvency Practitioners, company shareholders and for creditors.

Whilst insolvency litigation currently dominates Jackie’s professional life, she also has a very successful track record in the fields of landlord and tenant litigation, contentious probate and defamation.

Jackie is a mother to two sons – and to CWD’s staff as a whole (as nominated first aider!).

08/02/2024

Our team is made up of dedicated and talented individuals from diverse backgrounds who combine the ability to deliver local knowledge with experience in international business. What sets us apart? We are personally invested in the challenges our clients face.

08/02/2024

Our preferred tool
Externally businesses can run into issues with customers, suppliers, distributors, joint venture partners; sometimes with landlords or with tenants.

For all of these dispute types, CWD has a specialist at hand.

06/02/2024

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