Cathy McCulloch (2002)
Principal Areas of Practice
Crime
Civil
Personal Injury
Prison Law
Probation Breaches
Confiscation of Property
RTA
Credit Hire
Land Lord and Tenant
Boundary Disputes
Equine
Cathy is registered under the Direct Access Scheme
Background
There has been a member of Cathy's family at the Bar since the end of the 19th century - her maternal Great-Grandfather, Dopple Potts, her Father Ian McCulloch (Chancery) and her maternal Uncle Recorder David Arthur Lister Smout, QC.
Professional Experience
Since 1984, Cathy's legal career has been a progression through Police Officer, solicitor, solicitor-advocate before finally practising as a Barrister. She has covered a broad spectrum of both civil and criminal law. In Civil she has advised and advocated on equine matters, personal injury [both claimant and defendant], landlord and tenant, debt recovery, RTA's [damage only and PI]. She has attended County Court in the capacity of Advocate. In Crime her advocacy and advice has ranged from first appearances before Magistrates to Trials and where necessary sentencing in the Crown Court. She is a Grade 1 Crown Prosecutor on the South Eastern Circuit.
Since 2001 she has practised in Solicitors' Practices in East Anglia and in 2006 achieved the qualification of Solicitor Advocate. Thereafter she attended County and Coroners' Courts regularly in the role of Advocate. Because of the nature of the practice she was in, most cases she attended in the County Court were in the Small Claims track. However, as a fee earner she handled cases from all tracks, some worth up to £727,000. The areas of law practised were: Personal Injury for both claimant and defendant [some integral to complaints against the Police or the Prison Service], Equine, Company, Insolvency. Debt Collection, Health and Safety, Employment, Landlord and Tenant, Neighbour Disputes, Housing [including ASBO's], Party Wall Act, Contract, Sale of Goods and Supply of Services, Charity, Ecclesiastical, Road Traffic. She has worked with the RSPCA on a handful of cruelty cases.
Her Health and Safety Practice included the successful defence of the estate of a deceased client against a claim raised by the co-deceased whose claim was supported by the HSE reports. She also advised local businesses how to comply with Health and Safety regulations and drafted explanatory notes which could be distributed through all levels of employees.
Since becoming a Barrister she has practised in both the Civil and Criminal disciplines. Her Civil practice has been in the Coroners, Companies and County Courts. Her Criminal practice has seen her advising and advocating in both Magistrates' and Crown Courts. She has received Commendations for her handling of Youth Matters from two different Benches. Her Criminal Practice ranges from minor traffic offences to paedophile matters and attempted murders. She has also successfully prosecuted and defended under the Dangerous Dogs Act.
Cathy is accredited for Direct Public Access
Reported Cases
Between 1998 and 2000 she on three occasions received commendations for her research by the Court of Appeal:
- Brady v Morgan (2000) 25th
July CA.
Commended by Sedley and Hale LJJ for research on the Contra Proferentem
Rule, having contributed to research and attended Court, assisting
Counsel for the Appellant - R v
Nabina (1999) 5th July CA and
ongoing (Transcript)
Contributed to skeleton argument on voidable title in use of credit
card obtained by fraud, which the Court (Ld Bingham CJ and Heather
Steele and Alliott JJ) said had "far reaching
effect". - R v Tameside ex. parte
Coleman: R v
Tameside Justices ex parte Davenport (1998) LG.R CA.
Contributed to research, and attended Court, assisting Counsel for the
Appellants; - R v Coles and Ors
(1998) BCCR
Assisted in research
Notable Cases
- Regina v Bile (2008) Central London Criminal Court. Successfully defended. On day of trial made a successful Abuse of Process application against the Crown.
- Regina v Fenton (2009) Norwich Crown Court: After five trials brought by the Crown of SEXUAL ASSAULT OF A CHILD UNDER 13, contrary to section 7(1) of the Sexual Offences Act 2003, Cathy successfully defended this case eventually having all five Counts dismissed.
- Regina v Williams (2009) Lewes Crown Court. Congratulated by the Bench for the persuasive plea in mitigation, after a guilty plea, on a matter of Breach of Trust. Defendant received a 12 month custodial sentence for a £51,000 theft from her employer.
- Regina v Hernon (2009) Kingston Crown Court. Successfully defended a joint enterprise robbery. Co-defendant found guilty after trial.
- Regina v Blackman (2010) Blackfriars Crown Court: 19 Charges of fraud successfully defended and only found guilty on 6 counts after a jury trial.
Lectures
Cathy co-wrote, with Tamara Solecki, a presentation on Credit Hire which was given in September 2009 in Wales.
