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Samuel Moss 2023 Cropped

Samuel Moss

Year of call: 2023

Samuel’s broad practice spans public, commercial, planning, Court of Protection, and civil liabilities work, but he accepts instructions across all of Chambers’ practice areas. Samuel has a busy court practice and regularly appears in the County Court, Coroner’s Court, High Court and First-tier Tribunal.

Recent instructions include:

  • A long-running dispute in the Technology and Construction Court arising out of the termination of an appointment under an EPC contract for a waste treatment plant.
  • The Police Overtime Litigation, involving claims by hundreds of police officers handling covert human intelligence sources. Instructed by Pattinson Brewer on behalf of the Police Federation, led by Sadie Crapper and Daniel Kozelko.
  • Defending a claim brought against a hospital under Article 1 of Protocol 1 ECHR.
  • An appeal relating to the interpretation of the Refugee Convention and associated domestic legislation. Led by Alan Payne KC.
  • Inquest touching on the death of Lynette Nash. Instructed by HCC Solicitors for the Family.
  • Inquests into the Deaths of the Patients of Ian Paterson. Led by Samantha Jones.
  • A s.51 appeal against a local authority in respect of Sections B, F and I of an EHCP plan.

Samuel holds a First-class degree from the University of Oxford and Distinctions in the GDL and the Bar Course from City, University of London. During his law studies, Samuel held major named scholarships from Gray’s Inn and City Law School.

Samuel has a working proficiency in French and is very happy to take on cases with French-speaking clients or a Francophone link.

Areas of expertise

Public, Inquests and Regulatory

Samuel has a broad public law practice. Samuel accepts instructions bringing and defending challenges in all areas of public and administrative, local government, and regulatory law.

Recent instructions include:

  • Drafting grounds in an appeal relating to the interpretation of the Refugee Convention and associated domestic legislation. Led by Alan Payne KC.
  • Drafting a defence to a claim brought under Article 1 of Protocol 1 ECHR against a hospital.
  • Advising in relation to a habeas corpus application by the family of a patient detained under the Mental Health Act 1983.
  • Successful appeal under section 51 Children and Families Act 2014 against a child’s EHCP, securing all changes to sections B, F and I sought by the parents.
  • Inquest touching on the death of Lynette Nash. Instructed by HCC Solicitors for the Family.
  • Inquests into the Deaths of the Patients of Ian Paterson. Led by Samantha Jones.
  • Advising on damages claims arising out of R(HM) v SSHD [2022] EWHC 695.
  • The Police Overtime Claims Litigation, involving claims by hundreds of police officers handling covert human intelligence sources. Instructed by Pattinson Brewer on behalf of the Police Federation, led by Sadie Crapper and Daniel Kozelko.

During pupillage, Samuel was supervised by Colin Thomann KC, Steve Broach KC, Emily Wilsdon and Rachel Sullivan. His training included exposure to a wide range of public and administrative law matters, including immigration, education and community care cases. His work during pupillage included assisting with:

  • Advising on prospects of success in appeals to the Supreme Court on Article 8 entry clearance claims under family, private and home life aspects in an appeal to the Supreme Court on Article 8 private life;
  • Making and resisting applications for permission to appeal to the Court of Appeal on a range of matters including in the context of prisons, and consultation challenges;
  • Advising the DBS on an appeal to the Upper Tribunal (AAC) against its determination to enter a teacher on its barred lists;
  • Drafting grounds of challenge to a local authority’s refusal to carry out an education, health and care needs assessment;
  • Producing skeleton arguments for a range of appellate hearings;
  • Advising a local authority on responsibility for s.117 after care duties;
  • Drafting pleadings in a discrimination challenge against a school;
  • Producing a note on timing in consultation challenges under the different Gunning criteria;
  • Advising a local authority on an unjust enrichment claim; and
  • Drafting grounds of appeal for the PSA against a determination of the Fitness to Practice committee of the NMC.

Prior to pupillage, Samuel volunteered for Bail for Immigration Detainees, drafting bail applications for people in immigration detention. Samuel was also a Director at the School Exclusion Project which represented the parents of excluded children in exclusion proceedings before governing boards and local authority review panels. Samuel is very happy to consider accepting instructions on a pro bono basis in appropriate public law cases.

Commercial, Construction and Property

Samuel accepts instructions across commercial, construction and property law. Recent instructions include:

  • A high-value, long-running dispute in the Technology and Construction Court relating to the termination of an appointment under an EPC contract. Assisting Simon Hale and David Hopkins.
  • Assisting John Pugh-Smith in a long-running dispute over the law applicable on a rent review.

During pupillage, Samuel was supervised by David Sawtell and David Hopkins. His training included exposure to a wide range of commercial and construction matters, including:

  • Drafting statements of case in a range of commercial, construction and property disputes, including claims on guarantees, claims of defective works against contractors/subcontractors, and nuisance claims
  • Advising on prospects of success in claims brought under the Financial Services and Markets Act 2000;
  • Advising on the validity of deeds executed by only a single party;
  • Research on section 37 of the Landlord and Tenant Act 1987 on the variation of leases;
  • Drafting lease variations relating to heating charges in a large building with almost 250 leaseholders;
  • Assisting Adam Robb KC and David Hopkins responding to injunctions against payment sought by the donor of a performance bond;
  • Advising on prospects of defending a contribution claim under the 1978 Act and the interpretation of the phrase “in respect of the same damage” in section 1 of that Act;
  • Advising on the validity of a notice served on a commercial tenant;
  • Drafting an injunction to protect the interests of a commercial client in a passing-off case; and
  • Conducting research for James Strachan KC and David Hopkins on section 56 of the Consumer Credit Act 1974.

Court of Protection

Samuel is keen to grow his Court of Protection practice and accepts instructions across health and welfare, and property and affairs matters.

Recent instructions include representing the Office of the Public Guardian in a case involving authorisation of payments and revocation of a Power of Attorney.

Environment, Energy and Planning

Samuel is keen to develop a practice in environment, energy and planning law, and accepts instructions across these practice areas. Samuel is about to start a secondment to Hertfordshire County Council’s Countryside and Rights of Way team advising on a variety of highways, rights of ways and town and village greens matters.

During pupillage, Samuel was supervised by Ned Helme and Daniel Stedman Jones. His training included advising on:

  • Disputes relating to the interpretation of the renewables subsidies schemes and enforcement by Ofgem, including claims under A1P1;
  • Noise abatement enforcement under the Environmental Protection Act 1990;
  • The application of affordable housing policies in a Local Plan to an application for planning permission;
  • The likely application of the new Biodiversity Net Gain regime in applications for planning permission; and
  • The statutory interpretation of provisions in planning legislation in the Bahamas, assisting Peter Village KC.
    Samuel also had experience of drafting pleadings in the planning and energy context, including:
  • A Reply to grounds of resistance in a judicial review challenging a land designation in a Neighbourhood Plan; and
  • Representations to Ofgem resisting enforcement action under heat subsidies regulations.

Civil Liability and Costs

Samuel is regularly instructed in personal injury cases, from the pre-action and pleading stage, through interlocutory applications and CCMCs to full liability and quantum trials, in both the County Court and the High Court. Samuel accepts instructions in PI, costs and clinical negligence cases.

Samuel is currently led by Sadie Crapper and Daniel Kozelko in the long-running Police Overtime Litigation, instructed by Pattinson Brewer.

During pupillage, Samuel was supervised by Judith Ayling KC, Emma Corkill and Edmund Townsend. Samuel gained experience drafting statements of case, schedules and counter-schedules, advices and legal research on a variety of matters. His training included:

  • Advising on quantum, drafting Particulars of Claim and a Schedule of Loss in a Fatal Accidents Act 1976 claim;
  • Drafting Schedules and Counter Schedules in personal injury claims, including high value claims and claims with a fraud/surveillance element;
  • Advising on liability, quantum and settlement parameters in a range of public liability, employer’s liability, and clinical negligence claims, including those with a provisional damages component;
  • Advising on the court’s likely approach to breach of contractual and tortious duties in a case about defective medical components; Drafting
  • Drafting defences to claims of clinical negligence against NHS Trusts after attending conferences with medical experts;
  • Research on fraudulent insurance claims and the system of compulsory insurance, particularly under s.151 and Article 75; and
  • Research on the legal consequences on a cause of action of no grant of probate having been made after the death of a claimant.

Memberships

  • Administrative Law Bar Association
  • UK Environmental Law Association (UKELA)
  • Free Representation Unit
  • Advocate
     

Qualifications

Education

  • Bar Vocational Studies, City University – Distinction
  • Postgraduate Diploma in Law, City University - Distinction
  • Postgraduate Diploma in Education, Birmingham City University – Distinction
  • Bachelor of Arts in European and Middle Eastern Languages (French and Arabic), University of Oxford – First Class

Scholarships and Prizes

  • David Karmel Scholarship, Gray’s Inn (2020)
  • City Law School Scholarship for Academic Excellence (2020)
  • The Prince of Wales Scholarship, Gray’s Inn (2021)
  • Winner, UK Regional Rounds of the Jessup International Law Moot Competition, representing Gray’s Inn.