Philippa McAtasney QC

Year of Call: 1985
Queen's Counsel: 2006

Areas of Practice

Philippa McAtasney is a London criminal barrister who has a wide ranging practice. She has an excellent record in both prosecuting and defending in cases concerning murder, manslaughter, serious sexual offences, violent crime and fraud. She has a specialist practice in police discipline work and has represented many police officers at all ranks both at tribunals and in the Crown Court.  In addition, she has acted for several businesses prosecuted under Health and Safety at Work legislation.

Recent Cases (2009-onwards)

Successful defence at Birmingham CC of a 19 year old man charged with a brutal murder, involving trussing up the deceased and burning him alive.  This was a “cut throat” defence where the co accused was found guilty and sentenced to serve 30 years imprisonment.  The first jury could not agree, but at retrial he was unanimously acquitted of murder and manslaughter.

Successful defence at Northampton CC of a man charged with money laundering and converting criminal property offences concerning his cash business.  After a trial lasting ten weeks, the Judge dismissed the charges following a successful legal argument.

Successful defence at Inner London CC of a thirteen year old charged with rape of a 3 year old.

Successful defence at Winchester CC of a Royal Marine jointly charged with murder and affray after the death of a sailor in a bar in Portsmouth.  All defendants were unanimously acquitted of all charges.  The client was acquitted of murder after a successful legal argument.

Successful appeal before the Chief Constable of Thames Valley who finally determined the appeal of DCI Philip Wheeler who had been convicted of police misconduct arising out of the Climbié case.  Originally, his conviction was upheld by an Assistant Commissioner but that decision was successfully quashed after judicial review and a rehearing of the appeal was directed.  

R v Hasanovic – successful prosecution at Lewes CC of a man for murdering his estranged wife as she was on her way to a women’s refuge.

Successful defence of a young mother at Harrow CC.  The allegation was cruelty on the basis of omitting to get medical aid for her baby son who had been seriously assaulted by her husband.

Successful defence of young father at Harrow CC.  The allegation was inflicting grievous bodily harm upon his 5 month old niece whilst baby sitting. 

"Joint Enterprise" Cases

January 2010 - The Winchester case involving four Royal Marines all charged with murder which was put as a joint enterprise. This was essentially a fight in a bar in Portsmouth, ending in the death of a young seaman. Three of the defendants were acquitted of murder after legal argument at half time, where part of the submission was that this could not be a joint enterprise. The trial continued on lesser charges and the jury acquitted all defendants on all charges.

September 2009 and April 2010 - The case involving the two defendants charged with murder at Birmingham was alleged as a joint enterprise. The allegation was that they had beaten up the deceased before tying him up and burning him alive. The defence there was essentially that the other defendant had done it alone. My client was simply there but not participating. The jury convicted the other defendant who got 30 years. My client was acquitted at his retrial.

June 2010 - Represented one of two defendants at Kingston CC charged with conspiracy to defraud. This involved a Prosecution case that suggested they had set up a business together to produce and sell fake artwork. Initially, it was alleged to be a £1.2 million fraud. Again, put as a joint enterprise. After a lengthy legal argument, the value of the loss was brought down to below £20 000 and the defendants pleaded guilty on a basis that would keep them both out of prison.

Earlier Cases

Successfully defending a teacher in a high profile case of abuse of trust: sexual activity with a child and an offer to supply class A drugs, teacher/student relationship (Preston CC)

Successfully leading for the defence in a high profile case of murder where the defendant was 14 years old and had allegedly murdered her 16 year old sister (Bradford CC)

Successful appeal, followed by retrial, in defence of a police officer accused with perverting the course of public justice, actual bodily harm and perjury. Retrial ordered after successful appeal against conviction.  Defendant found not guilty. Did not appear at the original trial (Liverpool CC)

Successful defence of police officer accused of rape at a retrial having not acted at the original trial. (Birmingham CC)

Successfully acting for the defence in a high profile allegation of rape and indecent assault (Guildford CC)

Defence of a police officer accused, with others, in a high profile case involving a death in custody – acquitted after a successful half-time submission (Leicester CC).

Successful prosecution of a defendant accused of serious sexual assault on his 5 year old daughter (Lewes CC)

Successfully leading for the defence in a “one punch” manslaughter (Lewes CC.)

Acting for the defendant in murder (CCC)

Leading the defence of a Police Officer accused, in a 3 month trial, of perverting the course of public justice (Croydon CC)

Successful prosecution of death by dangerous driving, involving the death of a 5 years old child (Southwark CC)  

Successful defence of a woman in a complex fraud (Kingston CC);

Successful representation of a senior police officer at an inquest into a death at work (Essex Coroner’s court).

Ongoing cases include leading for the defence in an e bay fraud at Southwark CC, leading for the defence in a murder at the Old Bailey and prosecuting a murder at Lewes CC.

Other Cases

Other case work has included murder and attempted murder; false imprisonment and living off immoral earnings (both at the Central Criminal Court); successful abuse of process argument in a Customs & Excise diversion fraud (Southwark Crown Court); high profile alleged racist manslaughter (successful result at committal and at trial on lesser other allegations Lewes CC); GBH on a police officer (Swindon CC) ; blackmail (Reading CC); a Chartered Accountancy fraud (successful half time submission at Southwark CC); successfully defending rape by a police officer on a fellow officer (CCC) causing an explosion (Bristol CC). Forgery of currency valued at millions of pounds, defendant acquitted (Winchester CC).

Representation outside the crown court has included Wimbledon MC, defending a famous footballer; successfully defending a premier league football club in a Health and Safety prosecution concerning the death of a steward; representing a senior police officer at the Victoria Climbié inquiry.  Advice to an individual questioned under the “Cash for Honours” inquiry; advice to a senior police officer questioned in the de Menzez shooting inquiry and advice to a large limited company concerning the death of a worker.  

Road Traffic

Philippa has defended and prosecuted Road Traffic cases in the Magistrates Court and in the Crown Court. This used to be a specialisation of hers at the junior bar and is still part of her practice. Examples, albeit now a little dated, are Davies v DPP 1998 RTR defended alone in the Divisional Court and led in the House of Lords.

More recently she has successfully defended a death by careless driving at Southwark Crown Court 2010. She also appeared at the Inquest.

Philippa also defended a case of dangerous driving at Canterbury Crown Court where a child had suffered major injury. The jury failed to agree but a successful outcome was negotiated and her legal argument in relation to special reasons for not disqualifying the driver was accepted.

Police Discipline Work

Philippa is a specialist in defending Police Officers in Discipline hearings and criminal cases.  These include representing officers in actions arising from the Climbié inquiry, Operation Ore, rape, misconduct in a public office and several corruption cases.

Recent Court of Appeal Cases

R v Tipu Sultan – this was an allegation of rape prosecuted successfully at Blackfriars CC.  No mental health issues were raised.  The Defendant appealed in person out of time and the Court of Appeal ordered a retrial.  The case was prosecuted for a second time and the defendant was found unfit to plead.  He was convicted of committing the act.  

Successful appeal on behalf of Appellant – following  convictions for sexual abuse at Birmingham CC papers were sent for advice.  Philippa did not appear at the original trial.  The entire transcript of the trial was obtained and leave to appeal was granted.  The Court of Appeal allowed the appeal and no retrial was ordered.  The defendant was immediately released from prison.

R v Bartrom – this was a successful prosecution of historical rapes and sexual abuse at Lewes CC.  The defendant raised arguments on appeal 6 years into his sentence.  The application for leave  was referred to the full court and refused.

Reported Cases

R v. Central Criminal Court ex parte Bennett in the Queen’s Bench Divisional Court (The Times 25/1/1999) (custody time limits)

R v. Bromley Justices ex parte Smith and Wilkins [1995] 2 Cr App R 285 (disclosure duties in the magistrate’s court)

R v. Nottingham Crown Court ex parte DPP [1996] 1 Cr App R (S) 283 (sentencing on appeal in the Crown Court)

Davis v. DPP [1998] BTR 156 (excess alcohol technicality).

Personal 

Pippa is married with two teenage daughters. 

Member of South Eastern and Western circuits

Member of Lincoln's Inn - qualified advocacy tutor. 

Education
LL.B. (Lond); barrister at law; called 1985; appointed as Queen's Counsel in 2006.