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Jerome Silva
Practice Profile
Jerome has an extensive Common Law practice comprising: Personal Injury, Contract, Credit Hire disputes, Debt Recovery, Landlord and Tenant, Regulatory work and Disciplinary Tribunals (appointed Case Presenter for the Association of Chartered Certified Accountants (ACCA)); Estate Agency Law; Prison Law with a particular emphasis on Parole Board review hearings of life sentences and sexual offenders and breaches of licence. He has also appeared on behalf of interested parties at Inquests.
Jerome has a General Criminal practice including prosecuting and defending offences against the person, public order act offences, theft act offences and drugs offences, matters arising out of PII; Sexual Offences Prevention Orders and Proceeds of Crime – asset forfeiture and recovery.
Additionally Jerome has advised and appeared on behalf of Local Authorities in numerous cases involving Benefit Fraud, Environmental Protection Act Prosecutions; Clean Air Act Offences; Food Hygene Regulations and Licensing.
Degress
LL.B (Exon), (Scholarship: Duke of Edinburgh Scholar, Inner Temple)
Professional Courses
Serious Sexual Offences (Criminal Bar Association) 2007
Public Interest Immunity 2006
DNA 2006
Expert Witnesses 2006
Human Rights Act 2005
Professional Memberships
Inner Temple
Personal Injury Bar Association
Criminal Bar Association
South Eastern Circuit Bar Mess
Liberty
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Case Profile
R – v – Cooper [2003] EWCA Crim 3277 [2004]
2 Cr.App.R.(s)82
The case involved an appeal against sentence in relation to drunkenness on an
aircraft. Three months reduced on appeal to a conditional discharge. It was the first reported case in which a
defendant/appellant did not receive a custodial sentence for this offence
Secretary of State for the Home Department – v – Limbuela & Ors [2004] EWCA Civ540
Appeal to the Court of Appeal concerning the extent of the Secretary of State’s obligations to asylum-seekers pending determination of asylum claims. Defintion and ambit of Article 3 ECHR: circusmtances when it is engaged, threshold, distinction between a negative obligation not to inflict inhuman or degrading treatment and a postive obligation to take steps to protect persons from forms of suffering sufficiently grave to engage Article 3. Circumstances when state prohibition on working and denial of benefit constitute breach of Article 3.
R – v - Meek and others [2005]
A seven defendant supply of drugs case involving two interlinking conspiracies.
The case involved extensive audio visual surveillance and many issues – such as
general admissibility, PACE and public interest immunity – that arise from such
evidence.
Fayinminu – v – Adams [2007]
A £250,000 personal injury settlement turning largely on presumption of age of retirement; effect of bereavment post claim on capacity to continue with employment and whether refusal to undergo surgery constititues failure to mitigate loss.
Canny & Ruddy – v – Ryatt & Ryatt [2007]
Action on behalf of tenants seeking to exercise their right to collective enfranchisment in respect of a freehold; definiton of a notice under s.13 of the Leashold Reform Act and validity of a counter-notice under s.21
Hertsmere Borough Council – v – McAuliffe [2008]
Definiton of industrial/trade premises under Clean Air Act and relationship with the Environmental Protection Act. Applicability of expert evidence in relation to whether smoke is ‘dark’ when such evidence is based on viewing DVD footage of the smoke.
Hertsmere Borough Council – v – Manzoor [2008]
Validity of suspending a taxi licence pending appeal; duty on appellant solcitiors to prepare complaint and summons; definition of a ‘complaint’ – whether activation of suspension of licence lawful and whether an appeal is out of time in circumstances where an intention to appeal is lodged, complaint filed but summons not drafted and filed/served by the appeallant and appeal not listed. Potential claim in damages for lost trade caused by wrongful suspension of taxi licence pending appeal