Mark Monaghan

Criminal

In recent years, Mark’s criminal practice has predominantly involved cases of the most serious and complex nature. He is a Grade 4 prosecutor and regularly instructed by defence solicitors in fraud, drugs and violence cases. He has acted in numerous cases of murder, attempt murder, high-level fraud, conspiracies to import and distribute controlled drugs, rape and historic sexual abuse, including multi-defendant, multi-victim cases.  Previous high profile and significant cases include the following:

Operation Vista: Multi-defendant, multi-million pound money laundering arising from an MTIC fraud committed in Germany. Client was the only defendant acquitted.

Operation Saxby: Prosecution, as leading junior, of murder of alleged Polish drug dealer

Operation Argil: Leading Junior in million pound fraud by abuse of position committed by senior council employee.

Operation Wearbridge: Leading Junior in multi-million pound procurement fraud involving civilian employee of a Northern Police Authority.

Operation Flywheel: Fraud by accountant allegedly committed against 23 separate clients, involving false tax returns

Operation Dumpcart: Multi-defendant MTIC VAT fraud involving large number of companies

Re AMH: Advice to large Accountancy firm regarding their duties to disclose suspicion of money laundering under s330 POCA

Operation Memic: Multi defendant, multi property mortgage fraud

R v Stapleton: High profile murder of an Indian student in Salford.  Complicated issues relating to diminished responsibility

Operation Oriole: Leading junior prosecuting multi-handed conspiracy by Organised Crime Group to supply high quality cocaine in the North West of England.  Trial of all defendants except leader of OCG who extradited during the first trial.  Mark successfully prosecuted both trials.

Operation Eel: Large scale multi-handed conspiracy to import raw tobacco and process the same for sale in the UK

Operation Mandera: Series of trials arising from long running operation targeting drug dealing in Manchester

R v D and others: Prosecution of people trafficking case.  First application in the UK for a Slavery and Trafficking Protection Order

Health and Safety

Mr Monaghan has considerable experience in dealing with Health and Safety Executive Prosecutions. He has acted for both employers and employees – past blue chip clients include British Nuclear Group, Bruntwood, Smurfit, and United Utilities.

He has also acted both for prosecuting authorities and defendant companies in Trading Standards prosecutions, including copyright offences. Mr Monaghan has acted for clients in cases involving illegal loans, counterfeit goods and clothing and computer piracy.

Mr Monaghan has appeared at tribunal hearings and recently acted for a magistrate facing removal from the bench at a hearing at the Office for Judicial Complaints;

He has considerable experience of inquests, predominantly relating to accidents at work. He is familiar with coroners’ practice and the drafting of narrative verdicts etc. Mr Monaghan has experience of cases involving care homes and has advised care home owners in respect of HSE/Local Authority prosecutions.

Mr Monaghan’s expertise in this field is assisted by a love for and understanding of all things mechanical, especially engines and the like. He comes from a family of engineers and currently runs two classic cars, working on them himself when time and the size of his garage permit.

Notable Cases
– HSE – v – British Nuclear Fuels Group
Representing nuclear power and reprocessing company following the escape of radioactive material from its primary containment leading to the closure of the THORP reprocessing plant. The incident was given an International Nuclear Event Scale level 3 categorisation

– HSE – v – Bruntwood
Representing a large commercial landlord after the death of an 11 year old boy who had been playing a game involving riding on the outside of automatically operated roller shutter doors. Issues of what was foreseeable and reasonably practicable.

– HSE – v – RH Property Management
Representing a property management company for breaches involving the storage and disposal of asbestos. Issues involving sub-contractors’ duties and adequacy of supervision.

– HSE – v – Edwards
Representing a fork lift truck driver who was prosecuted personally (in addition to the prosecution of his employer) after his vehicle collided with and injured another employee who was crossing a poorly marked loading area

– HSE – v – United Utilities
Representing a utility company after overhead power linesman fell to his death from the top of an electricity pylon having failed to use the correct personal protective equipment. Issues relating to training and provision of correct PPE

– HSE – v – Smurfit
Representing a paper manufacturer after an employee was pulled into rollers and crushed to death – adequacy of safety measures, management’s knowledge of unsafe practices

– HSE – v – Papermarc
Representing a paper manufacturer after an employee suffered a de-gloving injury in unguarded machinery

– HSE – v – Emboss (Europe) Ltd
Representing a paper goods manufacturer after an employee was injured by unguarded machinery. Issues relating to the liability of a new company formed from the remains of the defendant.

Representing a chemical manufacturer after an employee working at height fell through an unguarded trap door onto a gantry below and was severely injured.

– Tameside MBC – v – Airborne Environmental
Representing an environmental consultancy firm who were one of several defendants prosecuted by a local authority in respect of inadequate measures taken in the course of a construction project involving the removal of a large amount of asbestos

Regulatory and Professional Discipline

Mark has extensive experience of appearing in and advising on, regulatory prosecutions and cases before a variety of disciplinary tribunals.

Mark is on the GMC list of approved counsel and has acted for GMC in FTP hearings, interim orders and reviews.

He regularly represents clients in cases brought by prosecuting authorities other than the CPS – in particular the HSE, the Environment Agency and DBIS.

He also represents and advises clients who face or risk facing proceedings brought by their professional body or the regulator for the area in which they operate.  Recent examples include a local councillor, solicitors, accountants, company directors facing disqualification, care homes and an online gaming company,

HSE Cases

Mark has acted for a variety of blue chip clients (including Bruntwood, United Utilities, BNFL and Smurfit) in HSE prosecutions in a wide variety of cases involving death and serious injury to employees, contractors, sub-contractors, visitors and trespassers.  He regularly drafts Friskies schedules, advices and skeleton arguments. Cases have included the following:

HSE v BNF

Representing nuclear power and reprocessing company following the escape of radioactive material from its primary containment leading to the closure of the THORP reprocessing plant. The incident was given an International Nuclear Event Scale level 3 categorisation

HSE v B

Representing a large commercial landlord after the death of an 11 year old boy who had been playing a game involving riding on the outside of automatically operated roller shutter doors. Issues of what was foreseeable and reasonably practicable.

HSE v RH

Representing a property management company for breaches involving the storage and disposal of asbestos. Issues involving sub-contractors’ duties and adequacy of supervision.

HSE v E

Representing a fork lift truck driver who was prosecuted personally (in addition to the prosecution of his employer) after his vehicle collided with and injured another employee who was crossing a poorly marked loading area

HSE v UU

Representing a utility company after overhead power linesman fell to his death from the top of an electricity pylon having failed to use the correct personal protective equipment. Issues relating to training and provision of correct PPE

HSE v S

Representing a paper manufacturer after an employee was pulled into rollers and crushed to death adequacy of safety measures, management’s knowledge of unsafe practices

HSE v P

Representing a paper manufacturer after an employee suffered a de-gloving injury in unguarded machinery

HSE v E(E)

Representing a paper goods manufacturer after an employee was injured by unguarded machinery. Issues relating to the liability of a new company formed from the remains of the defendant.

HSE v LCW

Representing a chemical manufacturer after an employee working at height fell through an unguarded trap door onto a gantry below and was severely injured.

Tameside MBC v E

Representing an environmental consultancy firm who were one of several defendants prosecuted by a local authority in respect of inadequate measures taken in the course of a construction project involving the removal of a large amount of asbestos been playing a game involving riding on the outside of automatically operated roller shutter doors. Issues of what was foreseeable and reasonably practicable.

Environmental cases

Mark has acted for a number of clients in cases brought by the Environment Agency concerning dumping and disposing of waste, including allegations relating to large enterprises, and multiple, very large sites.

Trading Standards

Mark has defendant and prosecuted large scale Trading Standards cases including most recently Operation Wolf – a paper-heavy prosecution of Lithuanian dog sellers in the UK, including allegations of fraudulent trading, unlawful importation of puppies and consumer offences

GMC

Mark has appeared before the GMC dealing with IOPs, reviews and Fitness to Practice hearings, most recently:

– GMC v Dr DR: Allegation of false claims made for payments in respect of procedures carried out

– GMC v Dr JR: Series of criminal offences committed by the Doctor – alcohol related

– GMC v Dr S: Allegations of false statements made by the Doctor in the course of a series of job applications

Other regulatory matters

Mark has appeared for or advised clients in relation to regulatory or disciplinary proceedings brought by other prosecuting authorities and before a large number of tribunals.  Recent examples include:

OFT v J – Consumer Credit Tribunal – appeal against the revocation by the Office of Fair Trading of a consumer credit licence held by an internet loan broker.

DBIS v BH – Prosecution by DBIS of an accountant who had failed to comply with the requirements of the liquidator after the liquidation of his business

Re : MW – Representing a local councillor and head of council planning committee before a council disciplinary hearing on allegations of failing to comply with the council’s code of practice

Re : R – Representing a lay magistrate before the Office for Judicial Complaints concerning allegations of irregularities in elections for the local magistrates’ association.

Re : RB  – Advising a Financial Advisor on the winding up of his company in a way which was most likely to avoid prosecution / sanctions imposed by the FCA

Re : B & B – Advising company directors regarding proposed proceedings for directors’ disqualifications brought by the Insolvency Service

Re : S – Advising the directors of an online casino / gambling site on whether any activities by their staff had resulted in an offence under the Gambling Act 2005 and whether they had any duty to report the same.

Re AMH  : Advice to large Accountancy firm regarding their duties to disclose suspicion of money laundering under s330 POCA

Re : DCH : Advising the directors of a care home in respect of possible offences arising from residents leaving the premises when unauthorised and unaccompanied

Re : W – Mark is currently advising a Northern Police Authority in respect of a proposed claim for Misfeasance in Public Office arising from a large scale procurement fraud which he successfully prosecuted in the Crown Court.

Inquests

Throughout his professional career, Mark has regularly appeared on behalf of interested parties in inquests, from large corporations to individuals, with and without juries.

He has advised on applications to the A-G for new inquests after irregularities in the original hearing;

He advises and drafts legal submissions on Article 2, narrative verdicts and the conclusions that ought to be considered in a particular case by the jury or the coroner.  Some of his cases are listed below:

Re: H

Application on behalf of the Local Authority for a new inquest after the discovery of irregularities in the expert evidence. Applications and affidavits drafted after obtaining the fiat of the Attorney-General

Re : K

Inquest into the death of a patient who underwent elective knee replacement surgery, he developed thrombo-embolism with fatal consequences and died in Hospital following attempts to resuscitate him. Instructed on behalf of one of the treating Doctors.

Re : J

Instructed by the Social Service Department of a large local council after a young man who had had recent social services involvement was killed on a railway line.  Legal submissions relating to Article 2, suicide, and Coroner’s recommendations.

Re : C

Inquest relating to a sub-contractor working at Sellafield Nuclear Plant   involved in the decommissioning of the Windscale Pile chimney, who fell 350 feet to his death. He was manoeuvring a heavy steel beam on the ledge of the chimney when it cut through his safety line. Safe systems of work not followed.

Re: H

Inquest into the death of a paper mill worker killed whilst trying to clear a clogged roller without shutting down the system, circumventing safety systems by crawling into a small void above the rollers. Issues relating to possible corporate liability due to an allegation that the management were aware of such practices.

Re: S

Inquest into the death of a lorry driver killed whilst making a delivery when crushed between his trailer and a brick wall. Issues relating to training and safe systems of work

Re: M

Steel company employee killed when a stack of steel rolls collapsed and crushed him. Technical issues relating to the storage and movement of large heavy items and safe systems of work

Re: W

Inquest relating to the death of a refuse collection worker who fell under the wheels of the refuse collection vehicle whilst riding on the side of the vehicle as it travelled between collection points contrary to standing instructions. Issues as to the enforcement of safety procedures and the extent to which management were aware of rules being ignored for convenience

Re: W

Inquest into the death of an employee of a telecommunications manufacturing company, killed when his badly loaded fork lift truck overturned. Issues regarding training, record keeping, safe system of work

Re: T

Inquest into the death of an employee of a construction company who fell to his death during the construction of a man-made reservoir.

Education

LLB (Hons), Sheffield University

Prescribed Information

Mark Monaghan is a practising barrister, regulated by the Bar Standards Board. Details of information held by the BSB about Mark Monaghan can be found here.

Mr Monaghan’s clerks will provide no obligation quotations for all legal services that he offers. Mr Monaghan accepts instructions on legal aid rates where those are available, details of which can be found here.  For other work, Mr Monaghan usually charges a brief fee plus refresher fees for court hearings, with advisory, conference and other preparation work charged at an hourly rate. Mr Monaghan aims to return paperwork within 14 working days, however his professional commitments, complexity and volume of documentation can affect these approximate timescales.

Mr Monaghan also undertakes Direct Access work. This work is undertaken on a contractual basis agreed between the client and Mr Monaghan’s clerks. This is on fixed fee basis for a specific events such as a conference, advisory work, a hearing with additional hearing days (refreshers) or the drafting of specific documents. All work agreed to be undertaken by Mr Monaghan with the fixed fee cost will be clearly outlined in the direct access contract signed by the client and will be payable in full prior to the commencement of the work.