Alexander West

Degree:

Philosophy and Theology (Joint Honours) Nottingham University; GDL

Year of call and Inn:

2011; Middle Temple; Middle Temple GDL Scholarship (2009/10), Middle Temple BPTC Scholarship (2010/2011), Sachs Prize for BPTC Results top 5% (2011), Winner National BPTC Criminal Advocacy Competition (2011)

Email:

alexander.west@albionchambers.co.uk

Specialist Areas:

Inquest

Matrimonial Finance

Regulatory, including Health and Safety

Practice Overview:

Alexander specialises in Matrimonial Finance, Regulatory Crime and Inquests.

Having joined Chambers in 2014 following the successful completion of his pupillage, Alexander has built a busy practice within the Western Circuit and beyond, and is known for his friendly client manner and detailed approach to cases.

Alexander is also a qualified mediator; a skill which assists when negotiating settlements on behalf of clients.

Recommendations

"Alexander West is a strong junior with notable expertise in environmental crime and regulatory matters. He regularly defends environmental prosecutions and has a particular focus on waste management."
Chambers and Partners 2022

"Very thorough and extremely easy to work with" encyclopedic case and statute knowledge" "an accessible and efficient communicator with an ability to quickly assess the essence of a case and devise an appropriate strategy".
Legal 500 2022

"A strong junior who continues to grow his practice in environmental crime and regulatory matters. He regularly defends environmental prosecutions and has a particular focus on waste management.
"He always presents as assured and confident." "He is thorough and great with clients."
Chambers and Partners 2021

"He is always thoughtful and considered and immediately puts my clients at ease. He has handled extremely emotive inquests with a calm and reassuring approach which has been invaluable in providing support and reassurance to my clients."
Legal 500 2021

"A very good up-and-coming junior who always provides sensible and commercial advice."
"He's a very capable practitioner who is very thoughtful."
Chambers and Partners 2020

"He is personable, calm, measured and someone who exudes authority beyond his call."
"He is extremely approachable, has a clear understanding of the issues and is able to provide commercial and pragmatic advice."
Chambers and Partners 2019

Areas of Practice

Matrimonial Finance

Tab 1 Title:

Having maintained an intentionally broad Family Law practice for several years, Alexander now specialises in Matrimonial Finance, dealing with all aspects of financial remedy applications following divorce or separation.

Alexander advises and provides advocacy services at all stages from initial application through to final hearing, and particularly enjoys the challenge of cases where matrimonial assets are unlikely to meet both parties’ needs.

Recent cases:

P v P (2020) – Represented the Wife in a short-marriage case involving a significant period of cohabitation prior to marriage, where arguments concerning contributions and conduct were live.

B v B (2019) – Represented the Husband in a sharing case where the matrimonial pot was large enough to enable both parties to rehouse, although the Wife sought to argue that she should receive more than half of the pot, relying on what she claimed was a reduced capacity for work.

B v B (2019) – Represented the applicant Wife in a successful application to set aside a consent order on the basis of the Husband’s misrepresentation in the accompanying Statement of Information.

W v W (2019) – Represented the Husband in a long-marriage needs case, where the Husband was sole carer for the parties’ children and therefore sought an unequal division in his favour, despite having a significantly higher annual income than the Wife.

K v K (2019) – Represented the Wife in a childless marriage case which involved significant pre-marital assets, periods of separation within the marriage, and debts accrued by the Husband after separation. The Wife relied on a Deed of Trust which governed the division of the equity in the FMH, which she sought to retain.

S v S (2019) – Represented the Husband in a short-marriage case where the Husband was seeking an order for the sale of the FMH and equal division of the proceeds, having moved out after separation. The Wife was seeking to remain in the FMH, although she could not afford to buy out the Husband’s interest.

G v Q (2019) – Represented the Wife in a long-marriage needs case where the significant assets were the FMH and the family business. W was reliant on state support and therefore had a limited mortgage capacity and limited ability to rehouse should the FMH be sold.

Articles:

Heads of Disagreement
Enforcement of financial orders: does the Limitation Act apply to interest?

Clerks:
Michael Harding
E: michael.harding@albionchambers.co.uk
T: 0117 311 0302

Julie Hathway
E: julie.hathway@albionchambers.co.uk
T: 0117 311 0305

Marcus Harding
E: marcus.harding@albionchambers.co.uk
T: 0117 311 0314

Inquests

Tab 2 Title:

Alexander has experience beyond his level of call representing clients in Article 2 and non-Article 2 inquests, with and without a jury, dealing with issues such as disclosure, appropriate conclusions and PFD reports. Having worked in a variety of client-facing roles in the past, Alexander is able to put clients at ease in what is often a very unfamiliar environment, enabling them to give their best evidence.

Typically representing public authorities, Alexander has a detailed understanding of issues surrounding Regulation 28 evidence, non-causative culpable conduct and the engagement of Article 2. He is able to provide advice on case strategy in addition or as an alternative to advocacy services.

Alexander also lectures across the country on Inquest Law – Procedure, Preparation and Presentation. Feedback includes:
“Excellent speaker – clearly knows his subject thoroughly” – Solicitor, London
“Very personable and a good communicator who knows his field extremely well” – Barrister, London
“Impressive in-depth knowledge of subject area” – Barrister, Manchester
“Obviously at the top of his game” – Solicitor, Manchester
“Knowledgeable and engaging” – Solicitor, Leeds
“Excellent. Thorough knowledge of subject and extremely polite, courteous and amenable” – Barrister, Leeds

Recent cases:

Re CN (2020) – Represented a privately-run prison in an Article 2 jury inquest which looked at the adequacy of cell checks in the hours leading up to the deceased’s death, criticisms made by the PPO and the steps taken by the prison to avoid a PFD report.

Re TD (2020) – Instructed by an NHS Trust in an inquest looking at the community care provided to the deceased in the weeks prior to their death, together with the sufficiency of the emergency response and whether it had any impact on the death.

Re MT (2019) – Instructed to represent a locum GP who had seen the deceased two days prior to her hospital admission, following which she died from sepsis which the hospital failed to diagnose and treat appropriately. Questions for the GP centred on whether they missed the early warning signs of sepsis, and whether their assessment was sufficiently thorough.

Re PB (2019) – Represented the mental health team within an NHS Trust in a case concerning the death of a detained inpatient who had used his unescorted s.17 to consume a quantity of alcohol that ultimately proved lethal. Issues surrounded the relevant risk assessments, the suitability of the leave and the response of the team once the deceased had returned to the ward intoxicated.

Re JB (2019) – Instructed by a regulator in relation to a death linked to the use of excessive restraint by security operatives. Key issues concerned the engagement of Article 2 and whether the operatives were an emanation of the state, together with detailed medical evidence concerning causation.

Re MC (2019) – Instructed by the local authority to represent a residential care home where the deceased had suffered an unwitnessed fall prior to being admitted to hospital, where they acquired pneumonia and died. A key issue at the inquest was the distinction between residential and nursing care homes, and the different standards to be expected of each.

Re MC (2019) – Instructed by an NHS Trust in an inquest concerning the death of a detained patient who had been placed in a residential home as part of discharge planning. Key issues were whether the treating team had adequately managed the deceased’s risk in the period prior to his death.

Re CM (2019) – Represented a privately-run residential care home where the elderly deceased had fallen prior to being admitted to hospital, where she died. While risk assessments and mitigation measures were considered, the significant issue at inquest was the delay from the emergency services in responding to the incident.

Articles:

How to deal with the Coroner's expert: analysis of R (Smith) v HM Assistant Coroner for North West Wales [2020] EWHC 781 (Admin)
Witness anonymity in inquests
Lawful killing... Duggan revisited

Clerk:
Nick Jeanes
E: nick.jeanes@albionchambers.co.uk
T: 0117 311 0307

Regulatory

Tab 3 Title:

Alexander acts for regulators, individuals and businesses in a broad range of regulatory disputes, and is always happy to advise on areas which may be unfamiliar territory to those instructing.

He is one of three barristers on the Western Circuit to be ranked in Chambers and Partners for Environmental Law, described as:

“A rising star with a growing practice in environmental crime and regulatory matters. He regularly defends environmental prosecutions and has a particular focus on waste management”.

Alexander also has a growing practice in Health & Safety, Education and Social Care matters, and acts for and against the CQC, local authorities and HSE. He is a member of List C of the Specialist Regulatory Advocates in Health and Safety and Environmental Law. Previous cases have involved the following statutory provisions:

Environmental Permitting (England and Wales) Regulations 2016;
Housing Benefit Regulations 2006;
Social Security Administration Act 1992;
Fraud Act 2006;
Private Security Industry Act 2001;
Trade Marks Act 1994;
Anti-social Behaviour, Crime and Policing Act 2014;
Food Safety Act 1990;
Water Industry Act 1991;
Local Government (Miscellaneous Provisions) Act 1976;
Environmental Protection Act 1990;
Health and Social Care Act 2008;
Animal Welfare Act 2006;
Animal Health Act 1981;
Firearms Act 1968.

Recent cases:

CQC v SH (2020) – Represented a private provider of domiciliary care in an appeal against the CQC’s decision to cancel its registration.

CQC v DM (2020) – Instructed to represent the CQC in respect of an appeal against the regulator’s decision to refuse an application for Registered Manager status.

CQC v J (2019) – Represented a private provider of personal care services in an appeal against the CQC’s decision to impose conditions on its registration.

CQC v HS (2019) – Prosecuted on behalf of the CQC in respect of a business providing personal care when it was not registered to do so.

CQC v HH (2019) – Represented a private provider of personal care in an appeal against the CQC’s decision to cancel its registration.

HSE v MAR (2019) – Prosecuted on behalf of the HSE in respect of a builder who had exposed a gas flue when working on a chimney, causing a health and safety risk to the sole elderly occupant of the neighbouring property.

WCC v FD (2019) – Represented an individual accused of offences under the Animal Welfare Act 2006 and Animal Health Act 1981 in relation to the transportation and treatment of animals destined for an abattoir.

DVSA v OD (2019) – Represented a private company and its directors in respect of drivers hours’ violations committed by its staff.

GCC v Various (2019) – Represented a local constabulary in various appeals against decisions concerning firearms licences. Cases concerned the application of the principles in the Firearms Act 1968 and subsequent case law.