Matthew Donmall has a wide-ranging public and private law practice, with particular emphasis on personal injury and clinical negligence, indirect taxation and rating, and public law, public inquiries and inquests.
Clinical negligence and personal injury
Matthew frequently undertakes advisory, written and court work in clinical negligence and personal injury matters, often with an international element. He has particular experience of group action and limitation issues, and was instructed at all levels up to the Supreme Court in the Nuclear Test Veterans Group Litigation (led by Charles Gibson QC). He is currently instructed by the MOD in a number of personal injury claims arising out of active operations in Afghanistan and Iraq, in which the MOD relies on the doctrine of combat immunity. Notable cases include:
• Daley v Bakiyev  EWHC 1972 (QB) successfully represented Maxim Bakiyev, son of the former President of Kyrgyzstan, against a claim that he had “organised and arranged” the shooting of a British businessman for reasons connected to a mining licence for a Kyrgyz goldmine
• A v MOD (unreported) January 2015, QBD before Mitting J, High Court trial of alleged assault of an interpreter in Afghanistan who had been considered a security risk
• Ministry of Defence (Respondent) v AB and others  UKSC 9
Indirect taxation and rating
Matthew has expertise in matters of indirect taxation, including VAT, customs and excise duties, and rating, appearing in tribunals and courts all the way to the Supreme Court. He has particular experience of Rule 18 group litigation, single/multiple supply issues, and classification disputes in respect of technological products.
Significant recent cases include:
• Newbigin (Valuation Officer) v S J & J Monk (a firm) Supreme Court, decision pending: Rating case concerning the meaning of the statutory repair assumption under the Local Government Finance Act 1988 (led by Sarabjit Singh).
• Airtours Holiday Transport Ltd v HMRC  UKSC 21 relating to VAT tax treatment of supplies in a tripartite scenario (led by Owain Thomas QC).
• General Healthcare Group v HMRC  UKUT 315 (TCC) single/multiple supply dispute relating to provision of prostheses by hospitals (led by Owain Thomas QC)
• Mercedes-Benz Financial Services UK Ltd v Revenue And Customs  EWCA Civ 1211 VAT treatment of a motor vehicle finance agreement (led by Owain Thomas QC)
• Amino Communications Ltd v HMRC  UKFTT 0035 (TC) Concerning the proper classification of internet-protocol set top boxes.
Public law, public inquiries and inquests
A member of the Attorney General’s B Panel of Counsel, Matthew undertakes a range of public law matters. He has particular experience of public inquiries, having represented over 250 MOD witnesses in the Public Inquiry into the death of Baha Mousa (led by Neil Garnham QC). He also regularly appears at inquests, in particular those involving healthcare issues or deaths in custody.
Significant cases include:
• Re K and H (Children)  EWCA Civ 543, concerning non-legal aid public funding in family cases
• Zenati v Police of the Metropolis & Crown Prosecution Service  EWCA Civ 80, about whether there was a duty under Article 5 ECHR of special diligence in investigating offence
• Public inquiry into the death of Baha Mousa [report September 2011]
Bar Vocational Course, Outstanding (2nd highest in year), Inns of Court School of Law, 2006
Postgraduate Diploma in Law, Distinction (2nd highest in year), City University, London, 2005
MPhil International Relations (2nd highest in year), St Cross College, Oxford, 2002
BA History, Double First, Queens' College, Cambridge, 2000
Junior Counsel to the Crown B Panel, since September 2015
Junior Counsel to the Crown C Panel, 2011-2015
VAT Registration No: 929 2421 20