Barrister Brendan Roche

Brendan Roche

Year of call: 1989  

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“Unfailingly sympathetic to clients whilst offering them high quality but realistic advice.”

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Overview


Brendan is a very able, committed advocate. He is friendly, calm and authoritative. He is versatile, having had significant experience in a number of diverse areas of the law, and specialises in civil actions for damages for abuse and clinical negligence as well as all types of case involving the welfare of children or vulnerable adults.

Clients say: “Brendan has acted for us in many complex family cases, both for parents and guardians. He has considerable expertise in cases of non-accidental injury and can be relied upon for excellent preparation and thorough and careful cross-examination of expert witnesses” and that “he is someone well able to come up with helpful and thoughtful ways forward in cases of the most difficult family dynamics. He is a compelling and highly able advocate.”

Child & Family Clinical Negligence Personal Injury Sport

Child & Family


Brendan is instructed around the country to appear in every type of child, or vulnerable adult, welfare case and, in particular, the most serious and complex cases involving international or difficult medical issues. In the last year, he has been instructed in several cases where children have suffered very serious brain and other injuries as the result of alleged abuse and in three cases where one parent has been killed by the other. He is instructed on behalf of local authorities, parents, children’s guardians and intervening health authorities.

Brendan also appears in the Court of Protection. He sits as a Recorder in private and public family law cases. He frequently writes and lectures on the areas in which he practises. Over recent months he has lectured on female genital mutilation, child abduction, international relocation and the provisions of the Children and Families Act 2014.

Memberships


  • Family Law Bar Association

Child & Family Cases


Clinical Negligence


Brendan is a friendly and sympathetic barrister, instructed predominantly by claimants in all types of clinical negligence case, including inquests where the quality of care received by the deceased is under scrutiny. His early years prosecuting and defending in the Crown Court and continuing, regular appearances in the family court have made him a first-class advocate.

Memberships


  • Professional Negligence Bar Association

Clinical Negligence Cases


  • Z v S: Failure to diagnose brain tumour.
  • E v K: Hospital Mismanagement of new-born baby leading to baby’s death and psychiatric harm to parent.
  • Inquest Re JS: Representing nursing agency at inquest into death of a drug addict.

Personal Injury


Brendan is instructed in all types of serious personal injury cases but particularly in abuse cases and other cases where negligence is alleged against social services, schools or other organisations. His considerable experience in the family courts and understanding of the child protection system is invaluable in such cases. He is recommended in the London personal injury section of the Legal 500.

Memberships


  • Personal Injury Bar Association

Personal Injury Cases


  • Barrett v Enfield LBC [1999] UKHL 25, [2001] 2 AC 550: House of Lords case where the existence of a duty of care to a child in care was in issue.
  • DS & Anor v Gloucestershire County Council & Ors [2000] EWCA Civ 72, [2001] Fam 313: Court of Appeal case where abuse of a child in foster care was alleged. Cited in House of Lords case of JD v East Berkshire Community Health NHS Trust [2005] UKHL 23.
  • Surrey County Council v M (A Child) [2001] EWCA Civ 691: Successful strike-out of claim against local authority for failure to protect children from abuse by a child known to but not in the care of the local authority.
  • Maddock v Devon CC [2004] EWHC 3494 (QB): Successful defence of claim brought by social services client for breach of confidence.
  • Child Abuse litigation involving Forde Park Approved School, Devon; Barlavington Manor, Sussex; Tennal Assessment Centre, Birmingham; Skircoat Lodge, Halifax.

Sport


Brendan has a developing interest and expertise in many aspects of Sports Law, particularly in those areas that overlap his established strengths in negligence, personal injury (including concussion) and the protection of children, young people and vulnerable adults. He has a keen interest in Rugby Union.

Memberships


  • BASL (British Association for Sport & Law)
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