Damian Broadbent

Year of call: 2019

Damian practises on the North Eastern circuit and in London. He is regularly instructed by local authorities, parents, guardians, and interveners. He has been successful in both bringing and challenging serious allegations such as rape and historical physical abuse and has experience handling difficult cases involving allegations of non-accidental injury and fabricated and induced illness. Damian has been instructed on cases in the High Court and Court of Appeal.

Damian has completed specialist training in vulnerable witness handling and handling cases involving allegations of rape and sexual assault. Whilst in practice Damian was invited to Sierra Leone by the Chief Justice as part of a delegation tackling sexual abuse against women.

Damian also accepts instructions in matrimonial finance proceedings and private law children cases. He is commended for his client care and clear, sensible advice.

Family

Children

Practice summary

Damian is regularly instructed on both public and private family cases.

Damian has successfully represented local authorities and parents at finding of fact hearings. Damian has been involved in non-accidental injury cases featuring numerous medical experts, as well as several cases involving allegations of sexual and physical abuse. Damian takes a hands-on approach to the preparation of the case and works closely with the professional client to assist with drafting schedules of allegations or reviewing witness statements. Damian has experience dealing with hearings involving expert evidence, ABE evidence and cross examination of children and vulnerable people.

Prior to joining chambers Damian spent time working at two local authorities, where he developed an in-depth knowledge of public law cases involving a wide range of issues, including secure accommodation, FGM, FII, NAI and cases involving fatal injuries.

Recent cases

LA v H (2023): Damian successfully represented a local authority who brought findings that a young baby sustained a skull fracture and was shaken. The case involved complex medical evidence from a variety of disciplines, including neuroradiology, neurosurgery, haematology, paediatrics, and psychiatry.

LA v M (2023): Damian represented a father in public law proceedings who faced allegations of historic rape and physical abuse against the children. The court dismissed all the findings and the children were placed in his care.

R v B (2023): Damian successfully represented a mother bringing allegations of rape, controlling and coercive behaviour and physical abuse. The client was extremely vulnerable and had mental health difficulties. The case involved a large amount of medical evidence.

LA v T and Others (2022): Damian represented a father who was alleged to have sexually abused his child. The case involvement arguments of law about the admissibility and weight of an ABE interview which did not comply with best practice guidance.

LA v R and Others (2022): Damian represented the local authority for a case where one child was deprived of her liberty in a secure children’s home.

LA v H and Others (2022): Damian represented a father who was alleged to have sexually abused his child. Damian successfully resisted any findings being made against his client, and the child was placed in his care at an interim stage, following the fact-finding hearing.

LA v H and Others (2022): Damian represented a father who was alleged to have administered unprescribed medication and caused a fractured rib to his child. Damian successfully resisted any findings being made against his client.

LA v O and Others (2021): Damian represented a local authority in a final hearing in the High Court for a complex case involving children being removed from their adoptive parents.

C v C (2021): Damian represented a mother in private law proceedings. The father had removed the child from mother’s care and pursued findings that mother had inflicted non-accidental injuries. No findings were made, and Damian successfully argued the child should return to the mother’s care.

LA v K and Others (2021): Damian represented a local authority pursuing findings of non-accidental injuries against a 3-month-old child. Damian worked closely with the local authority to provide comprehensive advice on the strength of the evidence and the appropriate findings to pursue, including drafting the schedule of findings sought.

R v H (2021): Damian represented a mother in a complex private law finding of fact. Mother sought 14 findings against father, father sought 12 findings against mother. The court made all the findings sought by mother, and none of the findings sought by father.

Financial remedy

Practice summary

Damian accepts instructions in financial remedy claims. He welcomes instructions prior to the issue of proceedings and prefers to see cases through from the First Directions Appointment to the Final Hearing.

Damian also accepts instructions to represent clients engaged in alternative dispute resolution such as mediation and private FDR’s.

Recent cases

W v H (2023): Damian represented an applicant wife in a complex financial remedy case involving parties who had been married twice. The case involved consideration of the validity of a consent order made following the parties first divorce which the husband sought to rely on even after the parties re-married.

W v H (2023): Damian represented an applicant wife seeking a financial remedy following her divorce. After detailed cross examination the court was satisfied the respondent husband had not provided full and frank disclosure to the court. The court was also persuaded that the husband’s pension which was accrued completely before the marriage should be shared with the wife.

Crime

Practice summary

Damian has experience prosecuting and defending a range of offences, including violent offences (such as s.18 GBH), sexual offences (such as sexual assault and meeting a child after grooming), drug offences (such as production and supply of class A drugs) and property offences (such as fraud and burglary).

Damian has conducted several trials which have involved children giving evidence, he is familiar with cross examining children and applying the relevant toolkits.

Damian is familiar with working with vulnerable clients, including clients with capacity issues, learning difficulties or who require an intermediary. Damian completed his RASSO training in 2022.

Damian spent time November and December 2022 in Sierra Leone with two senior judges and a leading academic at the invitation of the Chief Justice of The Republic of Sierra Leone to work with the Judicial and Legal Training institute in relation to sentencing offenders for what were previously capital offence following the abolition of the death penalty. Damian also consulted on appropriate procedure for case management and vulnerable witness handling in cases of rape and serious sexual assault.

Recent cases

R v F & Others (2022): Damian successfully prosecuted a multi-handed gang who committed an armed robbery at a Tesco store in Leeds.

R v H (2022): Damian was instructed for the sentencing hearing of a client convicted of over 25 offences over 8 different indictments. One offence involved the knife point robbery of an elderly male outside his home. Despite the client’s previous convictions for armed robbery, Damian successfully argued he was not ‘dangerous’ and avoided the imposition of an extended sentence.

R v S (2022): Damian defended a man charged with wounding with intent following a violent attack on his ex-wife with a weapon. The victim suffered life-changing head injuries.

R v G & Others (2022): Damian was led by David Brooke K.C. prosecuting three defendants following a serious gang incident where the victim was stabbed 7 times. The case received national media attention and was subject to a BBC documentary. The three defendants were convicted after a 3-week trial.

R v M (2022): The client was charged with two counts of PWITS class A after his fingerprints were found on a large amount of crack cocaine and heroin. Despite his guilty plea on the day of trial, Damian successfully argued that he should receive a suspended sentence.

R v R & Others (2022): Damian successfully prosecuted a religiously aggravated multi-handed burglary at an Islamic faith school where six people had caused extensive damage to the building, including tearing up Qurans.

R v A (2022): The client was charged with sexual assault of a child under 13. The case involved cross examination of a young child about the alleged sexual assault.

R v K (2022): Damian prosecuted a convicted murderer for a robbery which took place in Leeds city centre. After a four-day trial the jury found the defendant guilty and he was imprisoned, the defendant will also be subject to recall on licence.

R v B (2021): The client was charged with an offence of violence. During cross examination Damian exposed several inconsistencies which resulted in the complainant admitting she had lied about the injuries she sustained. The judge terminated the case and ordered the jury to acquit immediately after the complainant had given evidence.

R v G (2021): The client was charged with a sexual offence. He had a previous conviction for an identical offence which Damian successfully argued should not be placed before the jury. The client was acquitted.

R v M (2021): The client was accused of violent offences against his ex-partner and two children. After a three-day trial, involving cross examination of two young children, the client was acquitted of all charges.

Background

Education

2018 – 2019: LLM., Master of Laws, with Distinction.

2015 – 2018: LLB., Bachelor of Laws, with Honours.

Professional memberships

Treasurer – North Eastern Circuit Bar None.

Member of the Honourable Society of Gray’s Inn.