Colin Thomann

Year of call:
1999
Email:
colin.thomann@39essex.com

Clerks:
+44 (0)20 7832 1111

Provides a ‘very good grasp of the issues and is a good advocate.’
Legal 500

Personal Injury


His personal injury practice, acting for both Defendants and Claimants, includes advice and advocacy at High and County Court level. He has a particular interest in cases raising conflicts of law issues and accidents abroad.

He has expertise in the field of conflicts of law argued the case of Owusu v Jackson in the Court of Appeal and in front of the Grand Chamber of the Court of Justice in Luxembourg.

Commercial


His contract/commercial law experience includes construction matters and local authority governmental contract and procurement disputes.

In the field of media law, Colin appeared as Junior Counsel in the leading case of Mersey Care v Ackroyd, and assisted in its pre-cursor of Ashworth and MGN (CA, HL).

 

Administrative & Public


Public Law

Colin is a member of the A-G’s Panel of Advocates.

The emphasis of his public law practice is on planning/environmental law matters, immigration, prisons and government contracts. He spent a three month Pegasus Scholarship at the European Court of Human Rights.

Employment

Colin regularly acts for applicants and respondents in the Employment Tribunals, representing the successful appellant in the EAT appeal of Rabahallah v BT (UKEAT/0382/04).

Environment, Planning & Property


He is regularly instructed by businesses and public sector clients in judicial review, regulatory matters and prosecutions.

Recommendations


“A very able advocate” Legal 500 2015

Related Cases


Environmental & Planning

Royal Society for the Protection of Birds V Secretary of State for Environment, Food & Rural affairs & (1)BAE Systems (Operations) LTD (2)Natural England (Interveners) [2014] EWHC 1645 (Admin)

R (Edwards & anor) v The Environment Agency & ors (HL) 16 April 2008 [2008] UKHL 22

A proposal by a manufacturing company to use shredded tyres in partial substitution for the use of conventional fuels.

Cemex UK Cement Ltd v Department for Environment, Food & Rural Affairs & (1) Department of Trade & Industry (2) Lafarge Cement United Kingdom (3) Castle Cement Ltd (4) Buxton Lime Industries Ltd (QBD) 13 December 2006 [2006] EWHC 3207 (Admin)

Challenge to UK carbon emissions trading scheme National Plan.

Corus UK Ltd v Erewash Borough Council (CA) 22 June 2006 Lawtel 22 June 2006

The Environment Agency v Biffa Waste Services, Eurotech. Environmental Ltd (QBD) 23 March 2006 [2006] EWHC 1102 (Admin)

Olympics Compulsory Purchase Order 27 February 2006

Administrative & Public Law

Arogundade R (on the application of) v Secretary of State for Business, Innovation & Skills [2012] EWHC 2502 (Admin)

R (on the application of Keith Lewis) (Claimant) v HM Coroner For The Mid & North Division Of The Country Of Shropshire (Defendant) & Secretary Of State For Justice (Interested Party): R (on the application of Gwendoline Calvert) (Claimant) v HM Coroner 3 April 2009 [2009] EWHC 661 (Admin)

Construction

Alfred McAlpine Construction Limited v Forum Architects & others (TCC) [2002] CILL 1880

Employment

Balteano Duffus v National Water Commission (PC (Jam)) 17 May 2007 Lawtel 17 May 2007

The Court of Appeal of Jamaica had not erred in finding that a senior employee of the respondent Commission had not been unlawfully dismissed.

D Rabahallah v BT Group Plc (EAT) 2 November 2004 [2004] UKEAT/0382; [2005] IRLR 184

Commercial

R (Akester & Anor) (On Behalf of the Lymington River Association), R (on the application of) v Department for Environment, Food and Rural Affairs [2010] EWHC 232 (Admin)

Human Rights & Civil Liberties

R (on the application of Keith Lewis) (Appellant) v HM Coroner for the Mid & North Division of Shropshire (Respondent) & Secretary of State for Justice (Interested Party) 21 December 2009 CA (Civ Div)

There was no duty to require a jury, in an inquest concerning a death in custody, to consider a fact or circumstance which was only potentially causative rather than actually causative of the death.

R (Lewis) v HM Coroner For the Mid & North Division of the Country of Shropshire & Secretary Of State For Justice:R (Calvert) v HM Coroner [2009] EWHC 661 (Admin)

The requirement to investigate a death under the European Convention on Human Rights 1950.

Mersey Care NHS Trust v Robin Ackroyd (CA) 16 May 2003

Disclosure of journalistic sources.

Common

Owusu v Jackson (CA) 1 March 2005 [2005] QB 801

Serious personal injury case (tetraplegia), following an accident in Jamaica.

Sauerbrey v Newark & Specialist Holiday Group Ltd (CC) 11 May 2004 Lawtel 17 November 2004

The employer was not vicariously liable for the negligence of the employee as the employee was not acting in accordance with the employer’s instructions, but was on on his own.

Owusu v Jackson & others (CA, Grand Chamber, ECJ, Luxembourg) 19 June 2002 [2002] EWCA Civ 877

Applicability of the Brussels Convention to disputes lacking intra-community connecting factors.

Immigration

SG (Zimbabwe) v Secretary of State for the Home Department [2011] EWCA Civ 71

Call +44 (0)20 7832 1111 for more information

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