Background

Ryan Donoghue

Year of call 2015

“Recommended for Business & Regulatory Crime (Including Health & Safety).”


Legal 500 2024

Ryan Donoghue is an experienced court and tribunal advocate with a personable nature that enables him to easily engage with clients and ensure the most effective presentation of every case.

Ryan currently has a mixed practice in crime, regulatory crime and professional discipline and has quickly adapted his skills gained at the criminal Bar, where he is a member of the CPS Advocates Panel, and applied these to secure admission to the List of Specialist Regulatory Advocates and the General Medical Council’s Approved Counsel Panel.

Ryan has built on this success and is increasingly instructed in high-profile regulatory and professional discipline proceedings, both acting alone and also as a led junior.

Expertise

Ryan regularly appears for both prosecution and defence in proceedings in the Crown Court. Ryan has experience of acting in cases involving allegations of serious assault, sexual offences, drug supply, robbery, burglary, public disorder, perverting the course of justice and child neglect. Ryan also has experience in dealing with cases involving allegations of fraud and money laundering, and has a particular interest in confiscation proceedings under the Proceeds of Crime Act, following his previous employment in the financial sector.

Ryan has also advised and represented several clients in appeals against sentence, made to the Court of Appeal, including a complex case involving the effect of a modern slavery referral upon the credit awarded to a defendant for a guilty plea.

Ryan also maintains a smaller practice in the Magistrates’ Court, which primarily involves defending professional clients charged with a range of motoring offences, where he has significant experience in making submissions of exceptional hardship.

Ryan also has experience in the Youth Court and has dealt with cases involving allegations of rape and other sexual offences, robbery, possession with intent to supply class A drugs and causing grievous bodily harm.

Ryan is an accredited CPS Panel Advocate, currently at Level 3.

Ryan represented a defendant charged with theft of around £150,000 in compensation from a family member, in a case which also involved allegations of benefit fraud.

Led by Adam Birkby, Ryan represented the Crown in a prosecution of a youth defendant charged with attempted murder and possession of a bladed article.

Ryan represented a professional sportsperson charged with several driving offences including driving whilst disqualified, driving without insurance and driving without a licence. Through careful handling of the case, a community disposal was secured.

Ryan represented a defendant charged with two counts of production of a controlled drug, relating to grows of just under 400 cannabis plants. The case involved drafting written advice on the prospects of an appeal against the sentence imposed and subsequently representing the defendant in the Court of Appeal.

Ryan represented a defendant charged with two counts of robbery. The case involved complex issues of modern slavery and required both written and oral advice to be provided on this matter

Ryan appeared in the Court of Appeal to successfully appeal a sentence of 35 months’ imprisonment for three separate sets of offending. The appeal was successful on both grounds argued, with respective reductions of 7 months and 3 months made, reducing the total sentence to 25 months’ imprisonment.

Ryan was instructed as junior defence counsel in a case involving multiple allegations of rape and assault occasioning actual bodily harm.

Ryan is regularly instructed to prosecute cases on behalf of the Care Quality Commission (CQC), the independent regulator of health and social care in England and Wales. Ryan also has significant experience in advising on cases at the pre-charge stage, including in relation to complex matters of causation and expert evidence.

Ryan also has experience in prosecuting offences on behalf of the Health and Safety executive and other regulatory agencies, including for offences involving the causation of serious injuries.

Ryan is a member of the List of Specialist Regulatory Advocates, currently at Level C, qualifying him to prosecute cases on behalf of various public regulators.

Ryan is also frequently instructed to represent the Care Quality Commission in First Tier Tribunal proceedings brought by or against the providers and managers of care and nursing homes, relating to restrictions placed upon their registration.

Ryan represented the HSE in a criminal prosecution of a partnership for failures in gas safety which led to a gas explosion at a pheasant farm, causing life-changing injuries to an employee of the business. Press coverage of the case is available below:

Yorkshire Post: https://www.yorkshirepost.co.uk/news/crime/family-owned-game-farm-in-yorkshire-fined-over-fire-in-pheasant-rearing-shed-that-left-worker-in-a-coma-with-severe-burns-4365453

 

Ryan represented the CQC in the prosecution of an NHS Trust for failures in the care and treatment of an expectant mother and her unborn baby, following the death of the baby during childbirth. The Trust was fined a total of £800,000 and ordered to pay prosecution costs.

Press coverage of the case is available below:

BBC: https://www.bbc.com/news/uk-england-nottinghamshire-64422598

Ryan represented the CQC in a criminal prosecution brought against a private care home provider for failures in care provided to two vulnerable adults, which led to a serious assault in which the victim was left blind in one eye. The case also involved an interim application to stay the proceeding, in which Ryan was led by Paul Greaney KC.

Press coverage of the case is available below:

ITV: https://www.itv.com/news/westcountry/2021-09-29/resident-suffered-life-changing-injuries-in-care-home-attack

Ryan represented the CQC in the prosecution of an NHS Trust for failing to provide safe care and treatment, contrary to regulation 12 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. The case involved failures in the Trust’s care of an expectant mother and her unborn son, who sadly died following failures and complications during his birth. The case also involved complexities and expert evidence in respect of causation. The NHS Trust was fined £733,000 and ordered to pay prosecution costs of £28,000.

Press coverage of the case is available below:

BBC: https://www.bbc.co.uk/news/uk-england-kent-57512835

Times: https://www.thetimes.co.uk/article/east-kent-hospitals-nhs-trust-fined-733-000-over-baby-harry-richfords-death-l0rmq8twr

Independent: https://www.independent.co.uk/news/health/east-kent-nhs-baby-death-fine-b1868473.html

Ryan represented the CQC in only its second prosecution of a healthcare provider for a breach of regulation 20 of the 2014 Regulations – the duty of candour. The case involved failures on the part of the defendant to appropriately and expeditiously communicate with patients following issues being identified in the care provided to them by an upper-limb surgeon. The defendant was fined £5,000 and ordered to pay prosecution costs of over £14,000.

Press coverage of the case is available below:

BBC: https://www.bbc.co.uk/news/uk-england-leeds-56931154

Ryan represented the CQC in the prosecution of a care home provider for breaches of regulation 12 of the 2014 Regulations. The case involved failures in the care provided to a vulnerable resident who was assaulted by another resident who exhibited dementia-related aggression. The defendant was fined £140,000 and ordered to pay prosecution costs.

 

Ryan represented the CQC in the prosecution of a care home provider for breaches of regulation 12 of the 2014 Regulations, in a case that led to the death of a resident from Legionnaire’s Disease. The case involved complex issues related to the safety of water systems and sufficiency of risk assessments to protect residents and staff from the risks of legionella bacteria. The defendant was fined £150,000 and ordered to pay prosecution costs.

Press coverage of the case is available below:

BBC: https://www.bbc.co.uk/news/uk-england-hampshire-55092312

Ryan represented the CQC in its first prosecution of a local authority, for failing to provide safe care and treatment, contrary to regulation 12 of the 2014 Regulations. The failures related to the management of falls at a care home, which led to the death of an elderly resident. The Council was fined £500,000, which at the time was the highest fine imposed upon a defendant in any proceedings brought by the Commission.

Press coverage of the case is available below:

BBC: https://www.bbc.co.uk/news/uk-england-derbyshire-50715988

Derbyshire Times: https://www.derbyshiretimes.co.uk/news/crime/council-fined-ps500000-over-care-failures-following-retired-chesterfield-midwifes-death-1336776

Ryan represented at trial one of three family members charged with breaching a disqualification under section 34 of the Animal Welfare Act 2006 and causing unnecessary suffering to an animal under section 4 of the same Act. The case involved expert veterinary evidence regarding the development and treatment of a complex ear condition of an American Bulldog.

Ryan has a rapidly developing professional discipline practice and has been instructed in a broad range of cases before various professional regulators. Ryan is a member of the General Medical Council’s Approved Counsel Panel, enabling him to represent the GMC in Fitness to Practise proceedings in the Medical Practitioners Tribunal. Ryan is regularly instructed to act in proceedings involving allegations of criminal conviction, misconduct (including clinical misconduct and dishonesty) and adverse health.

Ryan also has experience in representing police officers facing misconduct proceedings, including cases involving allegations of sub-standard investigation and improper recording practices, and has represented Social Work England on multiple occasions in misconduct proceedings brought against social workers.

Ryan is also increasingly instructed to represent professional, semi-professional and amateur sportspersons facing misconduct and similar proceedings before their sport’s regulatory body. Ryan has appeared before the National Safeguarding Panel and the Rugby Football League’s Operational Rules Tribunal.

Ryan represented the Head Coach of an amateur rugby league football team who faced proceedings before the RFL’s Operational Rule Tribunal alleging breaches of the RFL’s concussion protocols. It was alleged that the coach, along with the Assistant Coach and First Aider, had breached concussion protocols by allowing a child to return to the field of play following an obvious concussion injury. The case against Ryan’s client was dismissed at the final hearing.

Ryan represented one of a number of gymnastics coaches who faced proceedings brought by British Gymnastics relating to alleged improper practices in safeguarding, weight management, stretching and emotional abuse. The case against Ryan’s client was dismissed in its entirety at the final hearing.

Ryan was led by Jason Pitter KC, representing a former professional ice skater who faced proceedings before the National Safeguarding Panel, relating to allegations of historic sexual offences. The case against the professional was dismissed in its entirety at the final hearing.

Ryan represented the GMC in misconduct proceedings brought against a General Practitioner who was also a prominent transgender rights activist. The case related to the doctor’s use of the social media platform Twitter and resulted in a 1-month suspension from practice.

Press coverage of the case is available below:

Times: https://www.thetimes.co.uk/article/gp-suspended-over-offensive-tweets-to-people-who-oppose-trans-rights-9zmrp236v

Led by Sharon Beattie KC, Ryan represented the GMC in misconduct proceedings brought against a high-profile oncologist. The case involved allegations of inadequate clinical care provided to 12 patients and also separate allegations of dishonesty and resulted in a 9-month suspension from practice.

Press coverage of the case is available below:

Times: https://www.thetimes.co.uk/article/doctor-god-justin-stebbing-avoids-being-struck-off-for-dishonesty-after-patients-rally-in-support-5g5hpswdv

Led by Jason Pitter KC, Ryan represented a Detective Constable charged with gross misconduct in relation to his handling of an investigation into the alleged rape of a child.

Additional Information

  • CPS Panel Advocate Level 3
  • Specialist Regulatory Advocate in Health & Safety and Environmental Law (List C)

“A hard working and calm barrister. Ryan is extremely knowledgeable about healthcare law, very efficient and well-liked by judges.”


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