Cathy McCulloch (2002)

Teams

Animal Welfare & Dangerous Dogs Act, Commercial & Contractual Disputes, Crime, Personal Injury Professional & Clinical Negligence


Practice

Cathy makes it a policy of her practice to return a detailed backsheet within 24 hours, or give a reason as to why not and when the document can be expected.  Solicitors are always called from the Court building to notify them of the outcome of that hearing.  If she is not able to speak directly she will leave a message, where possible.


Crime

Cathy's practice, which is a defence one,  ranges from first appearances in the Magistrates to trials and sentencing in the Crown Court and instructions in the Court of Appeal. Her experience encompasses a wide spectrum of offences, with regular and repeat instructions from defence solicitors.  She has also received instructions from and acted for Probation Services throughout England. 


Cathy appears in both the Crown Court and the Court of Appeal. Her instructions include, amongst other matters:

  • Appeals against Conviction and/or Sentencing
  • Homicide and attempted murder
  • The whole spectrum of offences against the person,
  • Fraud and Financial cases (including for DWP)
  • PoCA
  • The whole spectrum of dishonesty offences, including Robbery, Burglary, Blackmail, Theft (including theft from employer/breach of trust)
  • Sexual Offences (including sexual assault and statutory rape)
  • Firearms and Weapons
  • Drugs Offences (including instructions from Customs and Excise for high value importation)
  • She has received Commendations for her handling of Youth Matters from different Benches.

Civil

In civil she has advised and advocated in personal injury cases for claimants and defendants. (some of which were integral to complaints against the Police or the Prison Services).  She has also been instructed in cases involving Road Traffic Accidents, Credit Hire, Equine, Company, Insolvency, Debt, Employment, Landlord & Tenant, Neighbour Disputes, Housing, Contract, Sale of Goods Act, Charity and Ecclesiastical Law, and on RSPCA cases. 


She represents clients in financially high value matters.


Reported Cases

  • Regina v Hitchens [2011] EWCA Crim 1626  The issue of what force is reasonable, when used against an innocent third party and in order to stop a crime in relation to Section 3 was argued and then obiter given. 

Notable Cases

  • Regina v Jones (2011) Woolwich Crown Court.  Successfully prosecuted a fully defended Dangerous Dogs matter - the jury returning thier verdict within the hour. 
  • Regina v Hearn (2011) Woolwich Crown Court x 3.  Drafted a Skeleton argument on a Joinder Application.  As a direct result of this skelelton argument the defendant capitulated and pleaded guilty. 
  • Regina v Purser (2011) Ipswich Crown Court.  Successfully appealled against public order conviction for naked cycling. 
  • Regina v McMillan (2011) Central London Criminal Court:  Defendant pleaded guilty to five counts of theft from her employer, JP Morgan.  The monies had been spent on a holiday, breast enhancement and a mortgage.  After a persuasive plea in mitigation, The Common Sergeant sentenced defendant to a medium level community order. 
  • Regina v Webb (2010/2011) Isleworth Crown Court: Not guilty verdict after nine minutes on a charge of sexual interference with a child under 6. This was the third trial (1x hung jury: 1x aborted trial)
  • Regina v Morris (2010) Blackfriars Crown Court: Not guilty verdict on an assault, despite full admissions in interview
  • Regina v Blackman (2010) Blackfriars Crown Court: 19 charges of fraud successfully defended and only found guilty on six counts after a jury trial
  • Regina v Fenton (2009) Norwich Crown Court: After five trials brought by the Crown of sexual assault of a child under 13, contrary to section 7(1) of the Sexual Offences Act 2003, successfully defended this case eventually having all five counts dismissed
  • Regina v Williams (2009) Lewes Crown Court: Defendant received a 12 month custodial sentence for a £51,000 theft from her employer
  • Regina v Hernon (2009) Kingston Crown Court: Successfully defended a joint enterprise robbery. Co-defendant found guilty after trial
  • Regina v Bile (2008) Central London Criminal Court: Successfully defended. On the day of trial made a successful abuse of process application against the Crown


Profile

Background
There has been a member of Cathy's family at the Bar since the end of the 19th Century.  Her maternal Great-grandfather, Dopple Potts (Bencher); Father, Ian McCulloch, Chancery Bar; and Uncle, His Honour Judge David Arthur Lister Smout QC. 
 
Since 1984 her legal career has been a progression through Police Officer, Solicitor, Solicitor Advocate before finally practising as a Barrister, having been called by the Middle Temple on 25th July 2002.  She has covered a broad spectrum of legal areas in both the civil and criminal law.
 
Cathy's interests include Shakespeare, Tennis, Wild Camping, Women's Rugby, Malt Whisky, Humour (including Morecombe and Wise), Chesapeake Bay Retrievers and The Law (sad, but true!).  She has three generations of Chesapeake Bay Retrievers.


Lectures
In September 2009 she co-wrote and presented a lecture on Credit Hire.  The lecture was commissioned by an International Insurance (RTA and Credit Hire) Company. 




Memberships

South Eastern Circuit

The Honourable Society of the Middle Temple




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