Barrister Profile

Main Areas of Practice

Human Rights
Land Law
Personal Injury
Probate

Biography

Roger’s practice includes equity, land law, contractual disputes, personal injury litigation, customs duties, consumer law, travel law and inquests. He represents many clients in hearing loss claims. He has represented multiple clients in claims of breaches of Human Rights and misfeasance in public office following alleged disclosure of personal information by public authorities. He regularly appears on behalf of clients challenging the exercise and extent of the various powers available to HMRC including seizure, restrictions on revenue trading certificates and challenging excise duty and tax assessments. In 2012 he represented the family of the deceased in the first ECHR Article 2 compliant inquest in Northern Ireland arising from a death occurring during a voluntary admission to a specialist psychiatric unit. He has also represented a number of families in the inquests of relatives who died in custody. He has represented clients in company disputes including unfair prejudice applications by minority shareholders. He frequently represents clients in serious personal injuries claims. He has a particular interest in property disputes including those concerning boundaries, easements and adverse possession claims.

Qualifications

1990; Queen’s University, Belfast LL.B (Hons)

1991; Certificate of Professional Legal Studies

1991; Bar of Northern Ireland

1996; King’s Inns, BL

1996; Called to Bar of Ireland

Experience

Notable Cases

R v Magill and others [2005] - crime, complex fraud, conspiracy, smuggling, customs; first case in NI to use transfer powers under Serious Fraud Act as opposed to usual committal procedure; application to dismiss/abuse of process.

McClean, James v McLarnon, George [2007] NIQB 9; [2007] NIJB 297 - negligence, road traffic, personal injuries; principles to be applied when considering a split trial of liability and quantum issues.

McVeigh, Jacqueline & another t/a Sunshine Island v Hollhouse Limited & another [2008] NIQB 33 [2009] NIJB 83 - leases, estoppel; extending doctrine of res judicata; abuse of process.

Her Majesty’s Revenue Commissioners v Penbrook Enterprises Ltd [2008] NI Mag 2 - customs powers, EC law; goods infringing intellectual property rights; whether statutory scheme permitting HMRC to seizure contrary to EC Regulations; resulted in the repeal of certain HMRC statutory powers as they were found to be contrary to EU law.

Hearty, Margaret v Finnegan, Patrick & another [2009] NI QB 21 – land, easements, prescription; whether radical change of user; first reported application by NI courts of McAdams Homes v Robinson

Griffin, Trevor v My Travel UK Limited [2009] NIQB 98; [2010] NIJB 229 - travel law, consumer, standard of care, suppliers of services; whether local standards determinative.

AIB Group (UK) PLC v Keenan, Fergal [2012] NIQB 16; [2013] NIJB 54 - consumer law, consumer credit, regulated agreements, whether financial jurisdiction of the County Court is effected by Consumer Credit Act 1974, whether proceedings to be issued by creditor in County Court rather than High Court.

Raven Transport v UKBA [2013] Tax Tribunal First Tier – seizure of possessions; seeking restoration of client’s possession; challenging decision making process.

Raven Transport v UKBA [2014] Tax Tribunal First Tier – appeal of remitted decision; failure of respondent to follow the tribunal’s previous findings of fact; respondent’s remitted decision set aside.

Norbrook Laboratories Limited v Maguire, Peter; Norbrook Laboratories Limited v Trainor, Gerard [2012] NICh 32 – land, trespass, limitation period, adverse possession, proprietary estoppel.

NMDC v Hamill [2014] County Court (unreported) Finnegan J - assertion of public right of way by local council.

Publications

Bed-time for Holden? The Local Standards Argument. Travel Law Quarterly June 2010