Roger Birch practises in family and international family law, chancery and commercial and personal injury and professional negligence.

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1 +44 (0) Connect on LinkedIn Roger Birch YEAR OF CALL: 1979 Roger Birch practises in family and international family law, chancery and commercial and personal injury and professional negligence. Overview Roger Birch practises in family and international family law, chancery and commercial and personal injury and professional negligence. Roger has had a long and varied career, and he cut his teeth undertaking complex criminal work, with a particular emphasis on fraud cases. Several years ago he translated these skills into his now predominately civil and family law practice. He is very experienced in the area of professional negligence and is regularly instructed in personal injury claims with an emphasis on medical negligence, particularly cases involving dental, bariatric and

2 cosmetic surgery. Roger is the head of the Chancery and Commercial Law Team at 5 St Andrew's Hill. and has considerable experience in contract and negligence cases. Since 1993, Roger has practiced in all aspects of family law. He is currently an active member of the Family Law Team at 5 St Andrew's Hill. Roger Birch has also appeared in high profile coroner's inquests. Additional Information 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 articles have been published in the New Law Journal. Lectures Roger Birch has lectured to lawyers, administrators and foreign regulators on money laundering schemes. Other subjects have included Medicines Act and Company Directors Disqualification. Previous experience Experienced in law enforcement achieving the rank of Acting Police Inspector. Government Lawyer Corporate Investigations (Grade 6) in the DTI (BIS). Direct Public Access Roger accepts Direct Public Access instructions. Education MA (Cantab), Trinity College, Cambridge.

3 Professional Memberships Chancery Bar Association. Family Law Bar Association. Association of Personal Injury Lawyers. South Eastern Circuit. Chancery & Commerical Roger Birch has appeared for clients in the High Court and the Court of Appeal. The main aspects of his work are contract and negligence based. He is involved with claims against Insurance Companies who decline to pay out on the policy and solicitors negligence involving the purchase and sale of properties. Roger is currently involved with a large claim concerning earthquake damage and has recently successfully won a case in the High Court which involved promissory estoppel and constructive trusts. This cased had an International aspect involving property in Iran and Leeds and required detailed examination of and cross-examination of Iranian witnesses via a video link in Tehran. The case is reported as Ghazaani v Rowshan [2015] EWHC 1922 (Ch). Roger has also successfully appeared on behalf of a London Borough in a Judicial Review of the Borough s decision to prosecute in a planning matter concerning advertisements. The case is reported as UK Real Estates Ltd v London Borough of Camden [2013] EWHC 3505 (Admin). Family, Children & International Family Since 1993, Roger has practiced in all aspects of family law. He is currently an active member of the Family Law Team at 5 St Andrew's Hill. Roger has appeared in Wardship cases involving the removal/attempted removal of children to Pakistan. He has also been involved in numerous divorce proceedings which include marriages in

4 Dubai and the European Union. These proceedings also involved Financial Remedies and Child Arrangement Orders. He has also been engaged in Judicial Separation cases. He has been instructed in Court of Protection matters involving properties in Spain and Cyprus together with Contentious Probate and Inheritance Act cases Roger has also been instructed in serious care cases involving baby shaking, other cases involving serious assaults together with serious sexual offences. In April 2015 he advised a Metropolitan District Council in respect of the implementation of HM Government Guidance on inter-agency work to safeguard and promote the welfare of children. International conferences and Seminars Roger has a particular interest in international family law and has recently attended various International conferences in relation to international family law matters. He attended The Family Law Conference in Cape Town, South Africa which was organised by Miller du Toit Cloete and the University of the Western Cape. The conference, in particular, reviewed the developments of African Family Law together with developments in Surrogacy in Europe and South Africa; the Hague Convention on immigration and abduction issues; the criminalisation of forced marriages and Female Genital Mutilation. Roger also recently attended a conference in Chicago, America, organised by the American Academy of Assisted Reproductive Technology Attorneys (AAARTA). The conference focused upon: Surrogacy; Adoption; and Infertility. Lectures Roger has also lectured on Family Law matters.

5 Personal Injury & Professional Negligence Roger has been instructed in a series of personal injury and clinical negligence cases which have involved issues such as fertility, transsexual operations and gynaecological negligence. These cases provide an added insight into fertility and surrogacy matters. Other interesting cases include a claim in respect of a failure to reinstate Warfarin therapy with the resultant stroke; the circumstances when someone can refuse medical assistance; the failure to diagnose the correct treatment of a child which resulted in death; the circumstances when a Hospital failed to provide sufficient information during a pregnancy in order to allow the woman to decide whether she could request an abortion; represented the managers of Drax Power Station at a Coroners Hearing involving the death of an employee who was electrocuted whilst working at the station. He has significant experience of professional negligence claims against solicitors in respect of their conduct of personal injury and clinical negligence litigation. Cases of Note Regina v Ashok Malik [2011] EWCA Crim 1107 (Court of Appeal) A case on Section 92 (5) of the Trades Marks Act 1994 Defence Good Faith a review of the case of R -v- McCrudden [2005] EWCA Crin 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)

6 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)