Walter Aylen QC

Call:1962 (1983)

Introduction and Contact details

Walter Aylen Q.C. is a senior mediator, highly experienced lawyer and Recorder (now retired) who was authorised to sit in the Technology and Construction Court from 1995 – 2003 and was a Deputy High Court Judge from 1993 – 2004.

He has extensively practised, as junior Counsel and in silk, in a wide variety of civil claims, in particular professional negligence (of all sorts), personal injury, commercial and insurance related matters and has appeared in a number of public law cases.

He has been involved in a number of leading cases concerned with recent developments in the law. 

In addition to his civil work, Walter Aylen Q.C. has substantial criminal law experience.  He has prosecuted and defended all types of major crime, including frauds of various sorts, murder, manslaughter, drugs (both supply and importation) robbery, multiple burglary and serious sexual offences, and has conducted innumerable trials, as Judge, of serious crimes.
 
Tel:    020 7242 2523 (switchboard)
Fax:   020 7691 1234

Email: walter.aylen@hardwicke.co.uk

COMMERCIAL & PROPERTY

He has practised extensively over a range of subjects within Common Law, both as a junior and a leader, and has a wide variety of case expertise.

As a leader, this has been primarily directed at matters concerned with all types of negligence, (in particular construction law, personal injury, medical, valuation, Solicitors, insurance problems generally) and commercial matters.

Cases

Harman v Glencross [1986] Fam 81

Abbey National Building Society v Cann [1991] 1 AC 56

Mediation

Walter is a qualified and highly capable mediator and is available to conduct mediations in most types of property or business dispute. He has considerable experience as a mediator and as a mediation-advocate both in Property disputes and across the spectrum of Commercial work.

Recent Work

• In 1995 he was nominated to act as arbitrator in a major ICC commercial arbitration.
• In 2000 he was a member of ADR Chambers (UK) Ltd, an alternative dispute resolution group with its head office in London, and in 2001 of ADR Chambers International
• He has also from time to time sat as a Chairman of a Lloyds' Disciplinary Committee under the Lloyds' Act 1982 and Byelaws there under.
• In the course of 1993, he was instructed to advise on the English Law of Champerty in relation to proceedings in Ireland and Scotland and gave expert evidence on English law in the High Court in Dublin. 

Economic Loss: Contract or tort?

Nottingham Co-operative Society Limited v Cementation Piling and Foundations Limited [1989] QB71

Reid v Rush & Tompkins Group [1990] 1 W.L.R. 212
Court of Appeal decision concerning employer duties of care to employees

Singh v Royal Life Insurance Ltd (2000) WL 33148934
Sitting as Judge in the QBD; case concerning breaches of contract and employment references.

Construction & Engineering

He had sat extensively in the High Court and Technology and Construction Court dealing with commercial cases, professional negligence, construction, fraud, personal injury and clinical negligence (one award being £3.6m) and also at the Central Criminal Court trying major crime.

• He has been extensively concerned in advising and drafting in relation to the electricity privatisation legislation on behalf of a well known public electricity supplier (formally Board).
• He has been involved in advising and conducting litigation in connection with a regulatory body, concerned with the Media, and with consequential applications to the High Court and Court of Appeal in matters of judicial review. 

Cases

Nottingham Co-operative Society Ltd v Cementation Piling and Foundations Ltd (1989) QB71

Concerned the recoverability of employers' pure economic loss from sub-contractors in tort; taken and won before the Court of Appeal.

Varied Negligence

Cases

McDermid v Nash Dredging and Reclamation Co Ltd [1986] QB 965; [1987] AC900

Morris v Murray [1991] 2 QB6

Coward v Comex Houlder Diving Ltd (Kemp & Kemp)

Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd & Others [1995] QB 75

Linden Homes South East Ltd v LBH Wembley Ltd [2002] EWHC 536 (TCC)
Judging a case concerning a negligent geotechnical survey, where the defendant had failed to take into account and give warnings on several crucial factors.

Rushmer v Countrywide Surveyors (1994) Ltd [2000] P.N.L.R. 529
Judging a case concerning a negligent geotechnical survey.

Linden Homes v LBH Wembley [2002] 87 Con. L.R. 180
Judging a case concerning a negligent structural survey report.

Greenfield v Irwin (A Firm) [2001] EWCA Civ 113
Clinical negligence case which was taken before the Court of Appeal. Concerned a ‘wrongful life’ issue which arose through negligent advice.

PROPERTY & PRIVATE CLIENT

Family – Breakdown & Finance 

He has been involved in leading cases concerned with the relationship of Media and Press to minors' rights and has been involved in cases relating to the rights of minors themselves in particular, in relation to the Child Abduction and Custody Act 1985 and the Hague Convention.

Cases

Quazi v Quazi [1980] AC 744
Case concerning Islamic Law, taken before the House of Lords

Choudhary v Choudhary [1985] Fam. 19

R v Central Independent Television plc [1994] Fam. 192
Case concerning the parental jurisdiction of the court, taken before the Court of Appeal

Re: R (A Minor) [1994] Fam. 254 
Represented the mother in a case where the child had been abducted by the father after sole custody had been awarded to the mother. The case also concerned publicity surrounding the child and whether publication of material relating to the ward would be detrimental to the child’s welfare.

Harman v Glencross (supra)
PUBLIC LAW

Walter has considerable expertise in this specialist area, with experience ranging from human rights to professional discipline and landlord and tenant work generally. His practice comprises all aspects of administrative law, including:

• judicial review
• possession actions and related injunctions
• applications to commit for breach of injunctions and undertakings

Human Rights & Civil Liberties

Walter is a respected practitioner in human rights law, which is aided by his knowledge of criminal law. He has particular experience in matters relating to the rights of the child and of the individual’s right to a fair trail.

Recent Work

• Walter drafted (pro bono) an application for leave to appeal to the House of Lords a case involving the admissibility of foreign convictions, plainly inadmissible by virtue of Section 74(3) of PACE (as amended). The rejection of that application led to a further application to the ECHR on that issue as well as others arising from the admission of the admitted convictions without proper evidence thereof and, when the facts behind the convictions were denied, under Article 6. In particular, the ECHR was asked to consider the fairness of the trial when there was, post-trial, material to consider the jury’s approach in the jury room put to the Judge for consideration but which was rejected by him and the Court of Appeal.  Although the application was ruled inadmissible by the ECHR without specific reason being given, the rejection will not be the last that is heard of the issue between jury disarray and the requirements of Article 6 of the Schedule to the HRA 1998.

Cases

Re: R (A Minor) (Supra) 
Represented the mother in a case where the child had been abducted by the father after sole custody had been awarded to the mother. The case also concerned publicity surrounding the child and whether publication of material relating to the ward would be detrimental to the child’s welfare.

Judicial Review

Walter Aylen has developed a healthy judicial review practice since joining Hardwicke Building.  Walter acts on behalf of applicants and public authorities in decisions ranging from education to coast protection and public vehicle maintenance.

Cases

Neale v Hereford and Worcester CC [1985] IRLR 291; [1986] ICR 471

R v Lambeth LBC Ex p. N [1996] E.L.R. 299
Judicial Review of a local education authority proposal to close a maintained boarding school for children with special educational needs.

Professional Discipline & Regulation

Walter’s work regarding this area naturally overlaps with his work in Judicial Review and Professional Negligence. His wide ranging practice encompasses all areas of reviewing professional conduct for which he has received significant recognition.  He has appeared in a number of professional conduct matters.

Cases

Gribler v Harrow LBC [2000] E.H.L.R. 188
Judging in the QBD, considering the authority and duties of the local authority in relation to environmental regulations.

Pro bono appearances for barristers in such issues.