Damian is a civil practitioner whose practice areas include: personal injury, police law, contentious probate and property.
If you would like any further information regarding Damian Powell’s practice, please contact his clerks or call +44 (0)20 7405 6114.
- Personal injury
Damian has considerable experience in a wide range of personal injury work including RTAs, employers’ liability and occupiers’ liability cases. He regularly advises and acts for both Claimants and Defendants in these matters. He has a particular interest in cases involving the acceleration or exacerbation of a pre-existing medical condition.
He also represents those seeking compensation for personal injury under the Criminal Injuries Compensation Scheme and has considerable experience in appeals before the ‘First Tier-Tribunal (Criminal Injuries Compensation)’ – formerly ‘CICAP’ – against review decisions of the Criminal Injuries Compensation Authority [‘CICA’].
- Police law & local government
Damian is regularly instructed by a number of police forces and local authorities to undertake a variety of work including Judicial Review, Closure Orders (under both Part 1 and Part 1A of the Anti-Social Behaviour Act 2003), Anti-Social Behaviour Orders, Sexual Offences Prevention Orders, Foreign Travel Orders, forfeiture of detained cash (under section 298 of the Proceeds of Crime Act 2002) and appeals against the revocation of firearms certificates.
- Contentious Probate
Damian accepts instructions in a wide range of contentious probate work. He has a particular interest in disputes involving: capacity, knowledge and approval, undue influence and the removal of personal representatives.
Damian is in the second year of the Association of Contentious Trust and Probate Specialists (ACTAPS) training course for practitioners, which he is undertaking in order to further his expertise in this area.
- Recent cases
- Re: Premises at 1 Freshbrook Road: One of the first applications for a Premises Closure Order under section 1A of the Anti-Social Behaviour Act 2003 based on “significant and persistent disorder or persistent serious nuisance”. Damian represented the applicant police force. There was considerable legal argument as, at the time, there was little in the way of precedent. The Premises Closure Order was granted and that decision was upheld on appeal at the Crown Court. The application related to an illegal ‘cannabis cafe’ that had been set up in a residential area. The case attracted significant media interest and featured on the BBC’s ‘Inside Out’ television programme.
- Stephen Stewart v Chief Constable of Sussex. An application for compensation under section 302 of the Proceeds of Crime Act 2002 by an individual who claimed he had suffered significant business losses as a result of the police having detained his cash. Damian appeared for the respondent police force at the hearing in the Magistrates’ Court – which involved the cross-examination of forensic accountants – and in the High Court, when the individual sought (unsuccessfully) to judicially review the District Judge’s ruling in favour of the respondent.
- Property / Landlord & tenant
Damian acts for both landlords and tenants in commercial and residential property matters including claims for possession, relief from forfeiture and damages for disrepair.
Damian is the co-author of the chapter on landlord and tenant guarantees in ‘The Modern Law of Guarantees’, Salter (forthcoming).
- The Modern Law of Guarantees – Salter (forthcoming), chapter on landlord and tenant guarantees
- LLM (La Sorbonne, Paris I)
- LLB (Hons)
- Professional memberships