Caoimhe Daly

News:

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QEB News: Caoimhe Daly represents the BHA in corruption hearing against jockey and trainer.
19.07.2017 More >

QEB News: Caoimhe Daly acts for the DPP in Judicial Review of acquittal of Defence exhibition protestors.
13.07.2017 More >

QEB News: Female fraudsters sentenced to 33 months imprisonment for false identity fraud involving half a million pounds.
22.06.2016 More >

QEB News: Operation Boromo: Paul Raudnitz, Kerry Broome and Caoimhe Daly conclude largest joint DWP/ Home Office fraud prosecution yet brought
23.03.2016 More >

QEB News: Three members of QEB Hollis Whiteman act for the prosecution in the trial of a sham marriage arranger and benefits fraudster.
16.03.2016 More >

QEB News: Stabbing murder trial opens at Central Criminal Court
2.3.2016 More >

QEB News: Paul Raudnitz and Caoimhe Daly act for Trading Standards in counterfeit goods prosecution believed to be the largest of its kind to date.
16.7.2014 More >

QEB News: Film Director Settles High Court Case
7.10.2010 More >

Caoimhe Daly

Call 2005
Call Republic of Ireland 2009

LLM Corporate and Commercial Crime (LSE)
MA (St John’s College, Cantab)


Practice: Crime and Regulatory

Crime

Caoimhe has a successful practice prosecuting and defending as a sole junior and led junior in a wide range of criminal offences.  Her experience includes homicide, offences of serious violence, sexual offences, large-scale drug supply and importation, money laundering and conspiracy to defraud.

Many of the cases in which Caoimhe is involved require meticulous and detailed analysis and preparation.  Caoimhe was one of the junior counsels briefed with regard to “Operation Eaglewood”, the largest criminal case ever prosecuted by the CPS and MET in the UK.  Caoimhe is currently instructed to prosecute, amongst other matters, “Operation Banderlog” a £75 million international money-laundering conspiracy involving substantial and complicated financial documentation.  This case is typical of the complex and difficult frauds that Caoimhe both defends and prosecutes.

A significant number of the cases in which Caoimhe is instructed have resulted in post-conviction confiscation proceedings.  As a result, Caoimhe has extensive experience of such proceedings, to which she has applied her in-depth knowledge of the Proceeds of Crime Act 2002 and the practice and procedures relating to all aspects of confiscation legislation, from the initial restraint applications to the ultimate confiscation order.  Many of the confiscations in which Caoimhe has acted have related to multinational companies having both a legitimate and illegitimate income, involving complex legal arguments to assist the Court in determining the appropriate amount of any confiscation order.

Caoimhe is also instructed in serious driving matters.

Regulatory Crime

Caoimhe is regularly instructed to prosecute on behalf of local and enforcement authorities.  These prosecutions are extremely varied in their subject matter.  The cases include prosecuting companies and directors for failures to adhere to their requirements under the Health Act 2006 and Food Regulations, often leading to substantial fines and in certain instances the closure of non-compliant premises.  She also has extensive experience of licensing matters, including the sale of illegally imported goods and underage selling.   She also regularly prosecutes matters under the Consumer Protection Regulations, with a focus on the lawfulness of wheel-clamping, as well as having very extensive experience of undertakings and enforcement orders under the Enterprise Act 2002.

Caoimhe has a particular expertise in the application and enforcement of the Trade Marks Act 1994 and the Copyright Designs and Patents Act 1988.  She has, as a result, developed a thorough knowledge of trade marks and their effects, both in terms of whether a badge is being used as a trade mark of origin or whether a mark infringes a trade mark.  Caoimhe is accustomed and familiar with examining, be it in chief or in cross-examination, experts in the trade mark or copyright the subject matter of the proceedings.

Caoimhe also undertakes criminal prosecutions on behalf of the Security Industry Authority as well as dealing with licensing appeals in the Magistrates Court.  Through this experience, combined with her other regulatory experience, Caoimhe is familiar with the functions of regulatory authorities in maintaining proper standards within their areas of responsibility and protecting the public when interacting with those engaging in the conduct regulated.  Caoimhe is also acutely aware of the necessity for regulatory authorities to maintain essential standards of fair procedures when undertaking those functions.

 

Regulatory

Caoimhe appears before a variety of disciplinary tribunals, including the General Social Care Council and the Nursing Midwifery Council, as well as being involved in appeals from these tribunals.  She is instructed on behalf of the Health and Care Professions Council, as well as assisting in matters before the General Medical Council.

Caoimhe has experience both presenting on behalf of regulatory bodies, as well as defending registrants before their regulating body.  On behalf of regulators, Caoimhe presents cases at various stages of fitness to practice proceedings, including interim and substantive hearings as well as reviews of orders and contested restoration applications.  Caoimhe has had significant experience of dealing with expert witnesses, particularly medical experts, in presenting cases that encompass a broad range of conduct and competence issues.  From the registrant’s perspective, Caoimhe has advised and represented individuals facing a variety of allegations.  Invariably when instructed on behalf of a registrant, Caoimhe represents them from the Interim Order to the conclusion of the substantive hearing.  The cases in which Caoimhe has been instructed have involved registrants developing sexual relationships with patients, failures to administer drugs correctly or at all, failures to correctly undertake arterial lines and failures to provide proper care to patients ultimately resulting in the death of patients.

Other Areas

Caoimhe has wide-ranging experience of judicial review following decisions of a regulating body.  This has involved appearances in the High Court defending the decisions of the regulating body, on the basis both of fairness of procedures and their correct application of the law.  Caoimhe also has experience of commercial litigation having both defended and prosecuted   a variety of breach of contract actions.  She also has experience of clinical negligence actions stemming from medical procedures which resulted in harm to a patient, as well as where the medical practitioner in question is said to have behaved inappropriately.

Caoimhe also practices in Ireland where she has a general practice.

 

Additional information

Caoimhe lectured in the London School of Economics.  She lectured Corporate Governance to post graduate students completing the LLM and also Criminal Law to undergraduate students.  Prior to commencing pupillage, Caoimhe worked as a paralegal in Herbert Smith’s corporate department.

 

Memberships

Criminal Bar Association

Young Fraud Lawyers Association

British Association of Sports Law

Notable cases:

DPP v Stratford Magistrates Court Alaali and others
The Administrative Court this morning delivered judgment in the case of DPP v Stratford Magistrates Court and Others [2017] EWHC 1794 (Admin)

R V Mahamoud Simakan, Ayi Cogj Hughes Arnaud D’Almeida, Erika Lazdane, Jordane Nice, Mathieu Aka
Operation Boromo: Paul Raudnitz, Kerry Broome and Caoimhe Daly conclude largest joint DWP/ Home Office fraud prosecution yet brought

R v Grover & Arura (2014)
Paul Raudnitz and Caoimhe Daly acted for Brent and Harrow Trading Standards in the prosecution of what is believed to be the

Pimlico Murder Trial (2014)
Successful acquittal of man charged with perverting the course of justice.

SIA v Taylor (2013)
Unlicensed Security Director Ordered to pay £2,400

NMC v Dmitrowicz (2013)
Nurse facing competence allegations

Senyange v HCPC (2012)
GSCC Decision Upheld on Appeal

NMC v Ragoo (2012)
Nurse Struck Off from Register

Operation Eaglewood (2010)
Money laundering and drug trafficking. Prosecuting the largest case currently brought by the Crown Prosecution Service.

R v Cahill (2009)
Appeal of sentence for possession

R v Joseph & others (2008)
Armed Robbery

Articles:

Causing death by careless driving
The Road Safety Act 2006: Causing death by careless driving. Do good headlines make good law? 5.2.2009
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