Anton van Dellen2020-09-16T13:13:20+00:00

Project Description

Fraser Chambers London Barristers
Dr Anton van Dellen

Dr Anton van Dellen
Barrister
Year of Call: 2010

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Appointments

HM Assistant Coroner, West London
The Inns of Court College of Advocacy (Accredited Advocacy Trainer)
Advocacy trainer, University of Warsaw

Education

DPhil, Christ Church, University of Oxford
BVC, BPP University
LLM, BPP University
MA (Law), Trinity College, University of Cambridge
MBBCh, University of the Witwatersrand, Johannesburg

Instruct Dr Anton van Dellen

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    Dr Anton van Dellen, Barrister

    Dr Anton van Dellen has a Bachelor of Medicine and Surgery (MBBCh) from the University of the Witwatersrand, Johannesburg; a Doctor of Philosophy (DPhil) in Physiology from the University of Oxford; a Master of Arts in Law from the University of Cambridge; and an LLM from BPP. He was a Fellow at Christ Church, University of Oxford.

    Until recently Anton was working as barrister at Goldsmith Chambers and HM Assistant Coroner in West London. He is also an advocacy trainer for Inner Temple. He has delivered expert witness training for the Royal Society of Medicine and a range of other medico-legal training for other NHS organisations.

    Anton worked as a registrar in neurosurgery before taking up senior management roles in the NHS. Since qualifying as a barrister, he has represented parties in wide range of Courts and Tribunals. His professional interests and expertise focusses on medico-legal issues and he represents families in a wide range of inquests.

    As a member of Goldsmith Chambers in Temple in London, he serves on the Chambers Management and Pupillage and Tenancy Committees, he is an elected member of Inner Temple’s Bar Liaison Committee and sits on Inner Temple’s Library and Remuneration Committees. He is also an elected member of the Bar Council and sits on the Bar Council’s Legal Services and Education and Training Committees. He was awarded a Princess Royal scholarship from Inner Temple and was a Rhodes Scholar at the University of Oxford.

    Practice Areas

    Experience in a wide range of defamation proceedings, ranging from pre-action advice to fully contested High Court clams and appeals.

    Serafin v Malkiewicz [2019] EWCA Civ 852 – issues of s.4 public interest defence and judicial conduct during the trial.  Permission granted to appeal to the Supreme Court.

    Alexander-Theodotou v Kounis [2019] EWHC 956 – issues reference, meaning and s.1 serious harm.

    IBIG v FCA [2019] (pending) – defamation claim against FCA following publication on FCA’s website.  FAC removed website article following the claim being issued.

    Siddiqi v Aidiniantz [2019] EWHC (pending) – defamation claim relating to Sherlock Holmes museum following allegations against Claimant published on website.

    Pre-action advice has included the following:

    • Advised a convicted car thief about suing a journalist that publicised the client’s address, forcing the family moved to another address.
    • Advised a client about a defamatory article that had been published on the BBC Vietnamese news service. The article had been removed by the BBC.
    • Advised a client in relation to threatened defamation proceedings by a solicitor who had been subject to SDT disciplinary sanctions.
    • Advised a client about bringing defamation proceedings against her former employer, an NHS Trust.
    • Advised a client about bringing defamation proceedings against a right-wing on-line blogger. Article removed from the internet after a pre-action letter.
    • Advised a client about bringing defamation proceedings against solicitors who acted for the defendant in court proceedings.
    • Advised a client about the risk of defamation proceedings being brought by a private equity firm.
    • Advised a client about defamatory statement made about her by school employees.
    • Advised a client about defamatory article published about him in the shipping press. Article corrected after pre-action correspondence.
    • Advised a client about defamatory statements made about the tax status of his business.

    As HM Assistant Coroner in West London, responsibility for inquests involving the full range of inquests, including those involving unrepresented Interested Persons through to inquests involving multiple legally represented Interested Persons and jury inquests.

    Experience in bringing Judicial Reviews against coroners in relation to adjournment of and refusal to hold inquests, as well as refusals to hold inquests under Article 2 and with a jury.

    Matulionis v HM Assistant Coroner for Bedfordshire and Luton [2017] EWHC 3477 – test for an Article 2 inquest and a jury in an inquest involving medical systemic failures.

    Inquests:

    Inquest touching upon the deaths of Anthony Walgate, Gabriel Kovari, Daniel Whitworth and Jack Taylor – inquest following the deaths of the victims of Stephen Port, a serial killer in Barking.  East London coroner’s court sitting at the Old Bailey (HHJ Sarah Munro QC).

    Inquest touching on the death of PL – inquest following opiate and benzodiazepine toxicity whilst under the care of a Local Authority and community mental health care.  Issues as to the extent of involvement of Social Services.  West Sussex Coroner’s Court.

    Inquest touching on the death of TO.- inquest involving a hanging of a young man with mental health problems who was living in supported accommodation.  Issues as to the extent of involvement of Social Services.  North London Coroner’s Court.

    Inquest touching on the death of OH – inquest involving a death in which a young driver was involved in a collision on the A52.  I represented the driver who collided with her.  Conclusion of road traffic collision.  Rutland and North Leicestershire Coroner’s Court.

    Inquest touching on the death of AA – Article 2 inquest on the death in the community of a patient under a Community Treatment Order (CTO).  The coroner ordered that Article 2 was engaged by analogy with Rabone.  North London Coroner’s Court.

    Inquest touching on the death of AG – inquest raising interesting questions as to how to record the gender following the death of a transsexual person.  Bristol Coroner’s Court.

    Inquest touching on the death of GP – Article 2 inquest of a vulnerable child who died whilst residing in a Local Authority placement under a Care Order.  Legal aid granted after drafting a Judicial Review of the LAA’s decision.  Teesside and Hartlepool coroner’s court.

    Inquest touching on the death of BC – inquest following surgical treatment on a neonate with congenital abnormalities.  Extensive further disclosure ordered following submissions made as to inadequacy of disclosure.  Inner West London coroner’s court.

    Inquest touching on the death of EB – inquest following failed treatment of a cerebral aneurysm causing a sub-arachnoid haemorrhage.  Inquest initially refused to be held, before an expert report identified potential culpable failings.  Inner West London coroner’s court.

    Inquest touching on the death of FS – inquest following failed diagnosis of childhood cancer.  Judicial Review of the previous Senior Coroner’s initial refusal to hold an inquest settle by consent.  Preventing Future Death report after submissions.  South London coroner’s court.

    Inquest touching upon the death of GW – Article 2 inquest following a hanging in prison.  Oxford coroner’s court.

    Inquest touching upon the death of GR – inquest following death on board ship.  Inquest adjourned and referral made to the CPS for consideration of a charge of corporate manslaughter.  Winchester coroner’s court.

    Inquest touching upon the death of GJ – inquest following the death of a 6-year old from chickenpox where the deceased had contact with several different NHS agencies.  Judicial Review of coroner’s refusal to hold and Article 2 inquest.  Bedfordshire coroner’s court.

    Inquest touching up the death of MA – inquest following the death of a 5-day old child from Hypoxic Ichaemic Encephalopathy (HIE) and Meconium Aspiration Pneumonia.  Two Judicial Reviews issued against several coronial decisions.  Winchester coroner’s court

    Inquest touching upon the death of LK – inquest following the death of a mental health patient after discharge from a mental health hospital.  Berkshire coroner’s court.

    Experience in bringing Judicial Reviews against a wide range of public authorities, challenging decisions for being unlawful, irrational and/or failing to follow published guidance.  Also experience in appealing public authority decisions.

    M v FCA [2019] EWHC 930 – principles of fairness and Article 6 in the context of JR proceedings.

    R v T [2019] EWCA Crim 247 – constructive trust principles in seizure of c.£110million of assets.

    Lowes v CFC [2019] EWHC 236 – whether a decision on appeal was ultra vires.

    Matulionis v HM Assistant Coroner for Bedfordshire and Luton [2017] EWHC 3477 – test for an Article 2 inquest and a jury in an inquest involving medical systemic failures.

    Farooq v SSHD [2016] EWHC 2386 – application of evidential flexibility guidance to documents.

    Singh v SSHD [2016] EWCA Civ 492 – guidance given by the court for appealing apparent bias. 

    Kialka v Home Office [2015] EWHC 4143 – costs recoverability when cash forfeiture challenged.

    Re B [2015] EWCA Civ 1078 – the threshold for determining judicial bias and indemnity costs.

    Khuram v SSHD [2015] EWCA Civ 913 – wasted costs not awarded where no loss caused.

    Memon v SSHD [2015] EWHC 205 (Admin); [2015] All ER (D) 92 (Feb) – whether the requirement to produce HMRC documents constitutes additional unlawful threshold.

    CP v SSHD [2014] EWCA Civ 1720 – the correct sequence and approach to a statutory test.

    Sagar v Health Education England [2014] EWHC 3696 (Admin); [2014] All ER (D) 184 (Nov) – Judicial Review of procedural impropriety and procedural unfairness in the context of an appeal.

    AK v SSHD [2014] EWCA Civ 112 –burden of proof of the genuineness of documents.

    Olaniyi v LB Lewisham [2013] EWCA Civ 1800 – whether laches defence to possession.

    S v Bucks CC [2013] EWCA Civ 436– adducing new expert evidence at appeal stage.

    AK v SSHD [2013] EWHC 3111 (Admin) – whether Respondent asking for further evidence offends against the rules of natural justice.

    TRA v C (2019) – FTP hearing into allegations of rape and sexual assault.

    GPhC v J (2018) – FTP hearing into allegations of sexual harassment.

    GPhC v M (2017) – FTP 14-day hearing into wide range of allegations including safety alert.

    SRA v Blacker (“Lord Harley”) (2017) – applying for rehearing and appeal following striking off.

    HCPC v G (2016) – FTP hearing involving striking off following domestic violence.

    GMC v A (2014) – FTP hearing which raised issues about GMC apparent bias.

    GMC v K (2013) – advice on appeal for army doctor after findings of dishonesty.

    NMC v P (2013) – two IOP hearings; discreditable conduct and poor clinical ability.

    Anton has also prosecuted on behalf of the ACCA.

    Experienced in representing High Net Worth clients in a range of commercial litigation involving disputes over assets.

    Lakatamia v S [2019] EWCA Civ 1626 – appeal against committal proceedings for breach of freezing order (dissipation of €27 million) and breach of passport impounding order.

    M v FCA [2019] EWHC 930 – principles of fairness and Article 6 in the context of disciplinary proceedings.

    R v T [2019] EWCA Crim 247 – constructive trust principles in seizure of c.£110million of assets.

    L v CFC [2019] EWHC 236 – whether a decision on appeal was ultra vires.

    A v Alexander [2018] EWHC 3106 – evidential threshold for declaratory relief.

    K v Home Office [2015] EWHC 4143 – costs recoverability when cash forfeiture challenged. 

    K v Aktar [2015] EWHC 3943 – freezing injunction of property and bank accounts in support of proceedings abroad; disclosure of assets and income ordered.

    C v Miss Mania [2014] EWCA Civ 1484 – measuring foreseeable damages.

    O v LB Lewisham [2013] EWCA Civ 1800 – whether laches defence to possession.

    Dr Anton van Dellen practices in Public Access Law.

    Click here to download the Bar Standards Board HandBook – Guidance on Public Access

    Make an Enquiry about Public Access

    Recognition & Overseas

    Anton van Dellen, “Bringing the court closer to the person with disability: Judicial exemption from the Equality Act and interference with reasonable adjustments for litigants with physical disabilities”, chapter in Access to Justice for Vulnerable People, editors: Penny Cooper, Linda Hunting; Wildy (2018).
    Anton van Dellen, Martin Khoshdel, Sara Wyeth. “Bone of contention.” New Law Journal (2015).
    Anton van Dellen, Sara Wyeth. “Stitched Up? Manufacture at your risk.” New Law Journal (2015).
    Anton van Dellen, Matt Green. “Difficulties in consent: applying the Mental Capacity Act.” BMJ (2013).
    Anton van Dellen, Matt Green. “Perils of Report Writing.” BMJ (2013).
    Saleem Tariq, Anton van Dellen. “A Push into a Fairer Civil Future.” New Law Journal (2013).
    Anton van Dellen. “GMC: time to reconsider the civil standard of proof.” Ann Roy Coll Surg (2013) 95(2): 56-58.
    Anton van Dellen. “The Aftershock: the damage following the removal of expert witness immunity in Jones v Kaney.” New Law Journal (2011) 161:7488.
    Anton van Dellen, “Expert Witnesses: Conflicts of Interest and Absolute Immunity”, 2010.

    Doktor Anton van Dellen to angielki adwokat (barrister) specjalizujący się w sprawach cywilnych oraz gospodarczych.

    Przed rozpoczęciem praktyki adwokackiej, Dr van Dellen pracował jako lekarz medycyny- specjalista neurochirurg, a następnie ukończył doktorat na Uniwersytecie w Oxfordzie. Doktor van Dellen był także wykładowcą na Uniwersytecie w Oxford (Collegue Christ Church).

    Doktor van Dellen ma szerokie doświadczenie w prowadzeniu postępowań przed sądem apelacyjnym, jak i Sądem Najwyższym. Pracuje w zespole prawnym Goldsmith Chambers.

    Kontakt w jezyku polskim pod nr: 07517 608 597. Doktor van Dellen mastały dostęp do polskiego tłumacza.


    Daktaras Anton van Dellen yra Anglijos advokatas (baristeris), kurio specializacija – civiliniai ir komerciniai klausimai. Prieš pradėdamas teisinę praktiką, daktaras van Dellen dirbo medicinos gydytoju neurochirurgijos srityje, o paskui baigė doktorantūrą Oksfordo universitete. Taip pat daktaras van Dellen dėstė Oksfordo universitete (Kristaus bažnyčios koledže).

    Daktaras van Dellen turi daug patirties teismo procesuose Aukštajame ir Apeliaciniame teismuose.  Kreipkitės į mus lietuvių kalba telefono numeriu: 07575 161166. Daktaras van Dellen gali naudotis lietuvių kalbos vertėjo paslaugomis.

    Recommendations

    Fraser Chambers“Dr Anton van Dellen is incredibly knowledgeable and experienced and is willing go out of his way to achieve the best outcome in each case. He provides thorough and timely legal advice. I admire his approachability and sympathetic attitude towards his clients. He will always find the time to assist and answer any questions that the client may have and does so in a compassionate yet authoritative way.”
    EP, Solicitor
    Fraser Chambers“Dr Anton van Dellen is very experienced Counsel who is always there to assist you to understand your legal position and agree the best strategy to resolve your issues in the most efficient and cost-effective manner. He is highly recommended”
    JO, Solicitor
    Fraser Chambers“Bringing the court closer to the person with disability: Judicial exemption from the Equality Act and interference with reasonable adjustments for litigants with physical disabilities”
    Editors: Penny Cooper & Linda Hunting, Chapter in Access to Justice for Vulnerable People
    Fraser Chambers“I approached Dr Anton van Dellen to act on a direct access basis in a complicated claim against a State authority and its contractor. He has been extremely professional, kind and approachable in what could have been  a traumatic and horrible experience and acted fast and with diligence”.
    Ms D, Private Client
    Fraser Chambers“I believe Anton van Dellen to be a truly outstanding professional, who has worked so hard to fight my corner and to get my voice heard in court. I am always grateful for everything Anton does. Thank you so much.”
    Mr W, Private Client

    Dr Anton van Dellen Cases & News

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