Ryan became a tenant at New Park Court Chambers in September 2018, having successfully completed his pupillage under the supervision of Chris Smith. He currently practises in crime, regulatory crime, professional discipline and civil matters (including commercial).
Crime
Ryan regularly appears for both prosecution and defence in proceedings in the Crown Court and Magistrates’ Court. In the Crown Court, he has prosecuted trials involving offences of robbery, burglary, perverting the course of justice, theft and common assault, and has defended in trials involving offences of violent disorder and, as a led junior, rape and assault occasioning actual bodily harm. Ryan also has experience in dealing with cases involving complex elements of money laundering and modern slavery. He has represented defendants in the Court of Appeal on two occasions.
Ryan’s practice in the Magistrates’ Court involves defending clients charged with a range of offences. He has significant experience representing defendants charged with various driving matters and has regularly succeeded in submissions of exceptional hardship. Ryan also has experience in the Youth Court and has dealt with cases of robbery, possession with intent to supply class A drugs and causing grievous bodily harm.
Ryan is an accredited CPS Panel Advocate, currently at Level 2, qualifying him to prosecute a range of Crown Court matters.
Notable Cases
- R v Haley (Bradford Crown Court – February 2021)
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.
- R v Gazi (Sheffield Crown Court – November 2020)
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
- R v Fitzgerald (Leeds Crown Court – December 2019)
Ryan prosecuted the trial of a defendant charged with robbery and perverting the course of justice, in a case which involved identification evidence and an application under s.78 of the Police and Criminal Evidence Act 1984. The defendant was convicted after trial of perverting the course of justice and subsequently pleaded guilty to alternative offences in respect of the alleged robbery.
- R v Davies (Leeds Crown Court – April 2019):
Ryan prosecuted the trial of a defendant charged with dwelling burglary and two counts of common assault. The defendant was convicted after trial and sentenced to a total of 5½ years’ imprisonment.
- R v Hudson (Leeds Crown Court – April 2019)
Ryan prosecuted the trial of a defendant charged with attempted burglary, common assault and theft. The defendant pleaded guilty on the day of trial and was sentenced to a total of 4½ years’ imprisonment.
- R v Newsome [2019] EWCA Crim 639 (Court of Appeal – March 2019)
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.
- R v P (Newcastle Crown Court – May 2018
Ryan was instructed as junior defence counsel in a case involving multiple allegations of rape and assault occasioning actual bodily harm.
Regulatory
Ryan is a member of the List of Specialist Regulatory Advocates, currently at Level C, qualifying him to prosecute cases on behalf of the Health and Safety Executive, Care Quality Commission, Environment Agency and Office for Nuclear Regulation.
Having spent time working in-house there during pupillage, 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. Such proceedings are conducted in both the Crown Court and the Magistrates’ Court. Ryan also has advised upon a significant number of cases at the pre-charge stage and is familiar with the relevant considerations that apply in such matters.
Ryan is also a member of the General Medical Council (GMC) panel of approved advocates, enabling him to represent the GMC in Fitness to Practise proceedings in the Medical Practitioners Tribunal. Ryan has conducted a significant number of Fitness to Practise Review Hearings and has experience in advising the GMC throughout Fitness to Practise proceedings, including both before and after the Rule 7 stage. Ryan also has experience in acting as disclosure junior in document-heavy GMC Fitness to Practise cases.
Notable Cases
- CQC v East Kent Hospitals University NHS Foundation Trust (Folkestone Magistrates’ Court – June 2021)
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
Independent: https://www.independent.co.uk/news/health/east-kent-nhs-baby-death-fine-b1868473.html
- CQC v Spire Healthcare Ltd (Leeds Magistrates’ Court – April 2021):
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:
- CQC v Ideal Care Homes Ltd (Nottingham Magistrates’ Court – May 2021)
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.
Press coverage of the case is available below:
Nottingham Post:
- CQC v Sentinel Healthcare Ltd (West Hampshire Magistrates’ Court – November 2020
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
- CQC v Derbyshire County Council (Chesterfield Magistrates’ Court – December 2019):
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
- CQC v Ellis and Mr & Mrs Ellis (Nottingham Magistrates’ Court – March 2019)
Ryan represented the CQC in the prosecution of the Registered Provider and Registered Manager of a care home for offences under Regulation 12. The failures arose out of the care provided to an elderly resident and insufficient management of his falls risk, which led to the resident being able to access an unguarded staircase and fall down it, suffering a fractured femur and other injuries. The defendants were sentenced to fines of £10,000 and £30,000 respectively and the second defendant was ordered to pay £13,873 in prosecution costs. Ryan also represented the CQC in the subsequent appeal of this sentence to the Crown Court.
- RSPCA v Brazil & others (Leeds Magistrates’ Court – November 2018)
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.
Civil
Ryan acts for both claimants and defendants in civil matters, most frequently dealing with fast-track trials, small claims and stage 3 disposal hearings, often in claims arising out of road traffic accidents. He is experienced in dealing with claims for damages in respect of both personal injury and credit hire, and also has experience advising on care home negligence claims.
Ryan also has a developing commercial practice with a specific focus on contractual matters and has represented clients at trial in numerous such cases. He also has experience in drafting statements of case in breach of contract matters, as well as advising on the merits of potential claims in restitution. Ryan has a background in commercial organisations, gained through his previous 10-year employment in the financial services sector.
Notable Cases
- Fair Finance Ltd v Switalskis Solicitors Ltd (Huddersfield County Court – July 2019)
Ryan successfully represented the defendant in a claim brought by an invoice factoring company, alleging a failure to pay a number of assigned historical debts. The claim was dismissed in its entirety and the defendant recovered over £14,600 in costs.
- Highways England v Advantage Insurance (Harrogate County Court – April 2019)
Ryan represented the defendant in a ‘test case’ regarding a claim for damages arising out of damage to a safety barrier on an ‘A’ road. The claim involved expert evidence regarding the level of damages claimed and whether this amounted to the “reasonable cost of repair”.
- The Design Quarter v Nawaz (Leeds County Court – March 2019)
Ryan represented the claimant in a claim for damages arising out of non-payment of fees for the production of a wedding dress. The case also involved a counterclaim for distress and inconvenience on the part of the defendant.
- Melton v MCE Insurance (Newcastle County Court – February 2019):
Ryan successfully opposed the defendant’s relief from sanctions application in a claim on the Fast Track. The defendant sought relief following a failure to file its Directions Questionnaire, arguing that the intention to raise issues of fundamental dishonesty at trial should support relief being granted. The application was successfully opposed on the basis of the breach being serious and significant, without good reason and that allegations of fundamental dishonesty were destined to fail, as they related to pre-issue conduct.
Practice Areas
Appointments & Memberships
- CPS Panel Advocate Level 2
- Specialist Regulatory Advocate in Health & Safety and Environmental Law (List C)
Related News
- Ryan Donoghue instructed by the Care Quality Commission in its first prosecution of a local authority
- Members appointed to the list of Specialist Regulatory Advocates in Health & Safety and Environmental Law
- Ryan Donoghue successful in first appeal at the Royal Courts of Justice
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