Jennifer Jennifer

Barrister: Jennifer Newcomb

Call:
2006

Appointments:
Serious Fraud Office Prosecution Counsel List, Panel B (2017, 2013); Inner Temple Advocacy Trainer (2016); Crown Prosecution Service, Advocate Panel, Grade 3 (2016); Crown Prosecution Service, Fraud Special Panel, Grade 2 (2013); Specialist Regulatory Advocate in Health & Safety and Environmental Law, List C (2012)

Education:
BVC (Very Competent), BPP Law School (2006); LLB Hons (2004)

Overview:

A thorough and persuasive advocate, Jennifer specialises within a number of Chambers' key practice areas: clinical negligence, personal injury, criminal fraud and police law.

Privacy Notice

Click here to download.

Clinical Negligence

Jennifer dedicates a significant and increasing amount of time to her clinical negligence practice. She advises in a wide variety of areas, from delayed diagnosis, to wrongful birth to substandard performance of surgeries to inadequate treatment of patients with mental health issues. She advises both in writing and in conference and regularly drafts pleadings. She has particular experience of advising in conferences involving both experts and clients, able to explore complicated issues of breach and causation with an expert while simultaneously explaining the issues in clear and simple terms to clients. She represents families of deceased individuals at inquests and in any subsequent civil litigation. She has also appeared in NMC hearings and medical appeal tribunals.

Notable Cases:

  • Inquest regarding death of 3 year old boy following multiple visits to hospital with severe pain and discomfort arising from complications from stomach surgery. Issues included possible failings of medical professionals at multiple hospitals leading up to and on the day of death, with expert evidence on causation.
  • Delayed diagnosis of and treatment for TB, causing extended pain and suffering and leading to permanent post-tuberculosis bronchiectasis.
  • Wrongful birth following negligent advice regarding the morning after pill. Involved advice on damages for raising a child with particular needs arising from a disability and costs arising from post-natal depression.
  • Failure to treat hydrocephalus related to a brain tumour, leading to significant increase in symptoms of dizziness, ataxia, vertigo and headaches prior to death.
  • Failure to prescribe bone sparing medication during treatment with steroids, leading to the development of osteopenia, numerous spinal fractures and need for surgery.
  • Failure to diagnose ectopic pregnancy, leading to emergency surgery, a blood transfusion and stay in a High Dependency Unit.
  • Significant physical injury and scarring suffered during negligent restraint of Claimant in A&E following assessment for psychiatric illness.
  • Delay in diagnosis of meniscal injury following a sporting injury, leading to unnecessary pain, suffering and loss of amenity.
  • Development of pressure sores and ulcers on heel, sacrum and buttocks after an extended hospital stay after falling down stairs and breaking hip at home. Sores required dressing changes twice weekly for a year, a below knee cast and caused permanent discomfort and reduction of mobility.

Personal Injury

Jennifer advises in a wide range of multi-track personal injury cases, including PL, EL and RTAs. She regularly drafts pleadings and schedules of loss and advises in writing and in conference on liability, quantum and evidence. She conducts settlement negotiations and mediations. Above all else, Jennifer is at her most comfortable in the courtroom in trial: thorough and persuasive, she puts her clients at ease while steadfastly fighting their corner. She also advises in and appears at CCMCs and other costs hearings. Jennifer represents the families of the deceased and other interested parties at inquests and advises in fatal accident claims. She also appears in tribunal appeals for criminal injuries compensation, an area where her knowledge of criminal law and procedure becomes particularly useful.

Jennifer has significant experience in the criminal courts and is able to advise and represent individuals facing criminal charges relating to road traffic offences.

Jennifer regularly lectures on new and interesting areas of personal injury law. She was a contributor to the 9 Gough Square first edition of 'Asbestos Claims: Law, Practice and Procedure'.

Inquests

Jennifer appears in inquests on behalf of the deceased, the police and other interested parties. She is able to provide advice on subsequent civil litigation where appropriate. Jennifer draws on her breadth of experience in other practice areas for this work, whether it relate to the professional negligence of a medical professional, the criminal act of an individual, poor work practices of an employer or negligent driving on the roads.

Notable Cases:

  • Inquest regarding death of 3 year old boy following multiple visits to hospital with severe pain and discomfort arising from complications from surgery to remove a stomach tumour. Issues included possible failings of medical professionals at multiple hospitals leading up to and on the day of death, with expert evidence on causation.
  • Inquest (with jury) regarding death of railway engineering surveyor employed to examine heavy plants and machinery, crushed during examination of a steam crane. Involved examination of HSE expert and gaining considerable concessions from him regarding alleged failures by D prior to his death, leading to a successful challenge of the conclusions in the report.
  • Inquest (with jury) regarding death of man who fell through the roof of factory premises onto concrete floor below. Inquest focused on who was controlling the site, risk assessments and safe work practices.
  • Inquest regarding death of a young woman fatally injured while cycling along Oxford Street by bus veering off the road and hitting a bus shelter. Issues regarding capacity of driver of bus at time of incident.
  • Inquest regarding suicide of a businessman while at work in the City following allegations of misconduct at work.
  • Inquest regarding death of young woman who drowned in her bath following intoxication from exposure to carbon monoxide in her own home, shortly after an engineer had investigated the boiler in the house and identified it as 'at risk' but not immediately dangerous.

Police Law

Jennifer's breadth of practice has been particular helpful during her regular appearances for the police in applications for civil orders made in the criminal courts, including Closure Orders, ASBOs, Foreign Travel Orders, Sexual Harm Prevention Orders and Sexual Risk Orders. She also defends the police in actions issued in the county court, including actions for unlawful killing, false imprisonment and malicious prosecution.

Reported Cases:

  • R (on the application of Duncan Grant) v Kingston Crown Court & Commissioner of Police of the Metropolis [2015] EWHC 767 (admin): A applied by way of judicial review for an order of mandamus requiring Kingston CC to state a case in relation to the granting of a Foreign Travel Order (FTO). Jennifer drafted the summary of grounds of the interested party (the police) for contesting the claim for judicial review, on the basis that there was no arguable case, nor any evidence upon which the determination of the court could be said to be unlawful, irrational or unreasonable. Those submissions were accepted by the single judge and again at the oral hearing.

Fraud

Jennifer is a criminal fraud specialist, appointed to both the Serious Fraud Office’s Advocate Panel and Fraud Special Panel for the Crown Prosecution Service. She appears alone and as junior counsel in a variety of complex cases including conspiracies to defraud, fraud against an employer, fraud by abuse of position, benefit fraud and false accounting. Judges have commended her thorough preparation and skilful advocacy in front of a jury.

She is currently instructed by the SFO in an investigation into an alleged international conspiracy to defraud investors. She has previously accepted instructions from the SFO as disclosure junior and independent LPP counsel. Jennifer has also worked as a Senior Crown Prosecutor at the CPS, giving advice on charging fraud matters and preparing fraud cases for trial.

Jennifer is able to advise on applications for and the effects of ancillary orders, including serious crime prevention orders, confiscation, compensation, forfeiture and destruction and financial reporting orders. She regularly appears in such hearings.

Before being called to the Bar, Jennifer spent six months working as an intern in the Prosecutor’s Office of the International Criminal Tribunal for Yugoslavia.

Notable Cases:

  • R v LT & Others - Central Criminal Court (2015): Junior prosecuting counsel (lead by Tim Godfrey), prosecuting 6 Defendants on a 19 count indictment including fraud by abuse of position and acquiring criminal property. The trial involved complex evidence concerning the bank’s computer systems and anti-fraud processes. Jennifer examined the main computer expert, took over examination of the key investigative witness when her leader was unavailable and examined numerous factual witnesses at trial. The trial ended in a number of convictions and suspended sentences of imprisonment.
  • R v MA - Blackfriars Crown Court (2013): Junior prosecuting counsel (lead by Tim Godfrey). Six week trial and 10 count indictment where multiple victims defrauded of at least £600,000. Fraud by abuse of position (MA was a carer with powers of attorney); removing criminal property. The case involved overseas investigations; financial analysis of numerous bank accounts (UK and Jamaican); examination in court of financial investigator/witnesses via live link; spreadsheets and diagrams drafted for jury. A key witness was an Alzheimer’s sufferer who gave evidence with the assistance of an intermediary. Defendant convicted of 9 counts on the indictment and sentenced to 6 years imprisonment.
  • R (Operation Crystal) v R & Others (2012-2013): Second prosecuting counsel (James Thacker first junior and Rosina Cottage QC leading), then disclosure counsel in this 14 handed conspiracy to defraud the DWP’s Access to Work scheme. Majority of defendants profoundly deaf. Jennifer drafted both the Disclosure Management Document for court and defence and Disclosure Guidance Document for disclosure officers. Many thousands of pages of electronic, hard Xopy and third party material. Ultimately, 11 defendants convicted.
  • R v LA - St Albans Crown Court (2011): Sole prosecution counsel in benefit fraud trial. Complex argument from defence regarding estoppel of prosecution for technical reasons relating to civil social security law (and with expert support) successfully resisted. Successfully resisted the calling of expert evidence by defence. Defendant convicted.
  • R v JS, ML & JN - Southwark Crown Court (2010): Junior prosecuting counsel (lead by James Thacker) to prosecute a £1/4 million conspiracy to defraud a brewery. ML, the stock taker, pleaded guilty on the first day of trial to false accounting and was sentenced to 2 years' imprisonment. JS, a manageress of a public house pleaded guilty to theft and received a suspended sentence. Confiscation proceedings followed.
  • R v DD - Harrow Crown Court (2010): Sole prosecution counsel in fraud against employer (NHS) trial. Numerous law witnesses of fact and investigator examined. Judge commended the standard of Jennifer's cross-examination and closing speech at the end of the trial.

Contact us

For more information please call our clerks on
020 7832 0500 or Email »

Follow us

twitter   linkedin   rss

Subscribe to our updates

Subscribe email

Search