22/02/12

36 Bedford Row welcomes Mary Loram

Chambers are pleased to welcome Mary Loram who joins our Criminal Team from Citadel Chambers.

Mary prosecutes and defends cases at the highest level, with a significant practice in the prosecution and defence of all serious sexual offences. She has been a Grade 4 prosecutor since 2007 and was re–graded in 2012 as Grade 4. Mary is regularly instructed in sexual offences with particular difficulties (for example, both defendant and complainant with learning difficulties; particularly old historic offences).

Mary also has significant experience in all types of offences of violence (large scale football violence, stabbings, kidnapping, manslaughter as junior alone, murders as junior) as well as fraud and other offences of dishonesty. She has represented numerous defendants with mental health problems and been involved in cases where an intermediary was used.

 

22/02/12

February 2012 e–newsletter

Click here to read our February 2012 e–newsletter

to read our February 2012 e–newsletter

01/02/12

January 2012 e–newsletter

 Click here to read our January 2012 e–newsletter.

01/02/12

Paul Prior has successfully prosecuted a theft from employer case at Lincoln Crown Court.

 The Jury found the Defendant guilty of 7 counts of theft of 11 after a 5 day trial. The thefts took place at the Defendants place a employment (a courier company) over the course of a month and a half and included numerous high value items including a laptop and power tools. The case relied heavily on inference as only two of the items were recovered by the Police. Paul had to carefully take the Jury through over 100 pages of documentary exhibits tracking the location of each item. Sentencing is due to take place on 10/2/12.

30/01/12

Frances Oldham QC appears in the Court of Appeal in an important case on conflicting expert evidence in baby killing

Frances Oldham QC appeared for the prosecution in R v NOSHEEN ARSHAD [2012] EWCA Crim 18 where the Court of Appeal upheld the conviction of a mother for manslaughter by shaking her baby

The appellant had been at home with her baby (Z), when he collapsed suddenly. Z later died. A triad of injuries were found, namely a low volume subdural haemorrhage, bilateral retinal haemorrhages and a sudden collapse leading to brain injury, which raised the issues of non–accidental injury and Z’s head coming into contact with a hard surface. On that basis, a consultant forensic pathologist concluded that Z had suffered a head injury of the shaking/impact type. 

It was the prosecution’s case, therefore, that unless the injuries could be explained by another cause, the jury could be sure that Z’s death was non–accidental and had occurred in the manner alleged. N contended that there could have been another explanation for Z’s collapse and submitted that the judge had failed to remind the jury that in an area of developing medical science they had to consider the realistic opportunity of an unknown cause. The Court dismissed the appeal on the basis that it was not necessary to expressly state in terms to the jury that there was a need for special caution and that they should not overlook the realistic possibility that the cause of death was unknown, provided that the effect of the summing–up made that clear. T

he judge had reminded the jury that the prosecution expert opined that because the injury was localised, he thought it more likely that the damage was caused by trauma but could have been caused by ischemia, and that other experts had also acknowledged ischemia as a possible cause. 

The judge’s summing–up had been extremely clear and placed the respective cases before the jury. It was plain to the jury that they could only convict N if they were sure that Z’s death had been caused in the manner the prosecution alleged to the exclusion of other possibilities.

 

20/01/12

The Family Team are recruiting

The Family team at 36 Bedford Row seeks to further strengthen and expand its strong team. We invite experienced family barristers of between 5 years call to Silk, to join us to assist with our existing and expanding caseloads.

Candidates will need to show that they have proven excellence in family law or a desire to develop a specialist family practice from a more general existing practice. Our team has a leading reputation in care proceedings, family finance and private law children matters, including cases with an international dimension. 

We are supported by a progressive and efficient administrative structure within Chambers. 

All applications will be treated in the strictest confidence and should be addressed to Amjad Malik QC, Head of the Recruitment Committee at: amalik@36bedfordrow.co.uk. If you would like a confidential and informal discussion about opportunities in family law at 36 Bedford Row please contact the Head of the Family Team, Andrzej Bojarski at abojarski@36bedfordrow.co.uk or the Senior Clerk, David Green at david@36bedfordrow.co.uk

 

19/01/12

The Criminal Team are recruiting

The 36 Bedford Row Criminal Team invites applications from senior and junior criminal practitioners, either individually or in groups and especially in the 4–7 and 10+ year call brackets, to join our Team and to assist with our existing and expanding caseloads, in particular in the Midlands, Cambridgeshire and Buckinghamshire regions.

Chambers attracts high quality defence and prosecution work in all areas whether privately or publicly funded. If you would like to join our successful team as we expand into 2012, applicants should, in the first instance and in the strictest confidence, contact John Lloyd–Jones, the Head of the Criminal Team, at:
jlloyd-jones@36bedfordrow.co.uk.

36 Bedford Row has a strong history of career development. Recent appointments  include HH Judge David Farrell QC, HH Judge Lynn Tayton QC, HH Judge Rosa Dean and District Judge Rebecca Crane to the bench, and Amjad Malik QC and Jonathan Kirk QC as Queens Counsel.

 

 

19/01/12

CPS Grading Success

In addition to our extensive criminal defence work, we are pleased to announce our success in the CPS grading exercise. 36 Bedford Row has 13 senior members at Grade 4; all on the rape panel, 13 members at Grade 3 of whom 10 are on the rape panel, 4 members at Grade 2 and 4 members at Grade 1. Appointments have been made to cover London, the South East, the Midlands, the Northern Eastern and the Northern Circuit.

18/01/12

Rebecca Herbert successfully defends care home manager charged with assault of elderly residents.

After a 6 day trial at Leicester Crown Court, Michelle Cramp, former manager of the Brockshill Woodlands Residential Home in Oadby, Leicester, was acquitted of charges of ill treatment of residents. Mrs Cramp was jointly charged with her husband Malcolm Cramp following an anonymous complaint of assault in 2010, contrary to section 44 of the Mental Capacity Act in 2005. 

Complaints were also made about standards in the home. At the trial, a Care Quality Commission Inspector, 6 former care workers at the home and a resident of the care home were called as witnesses. Mrs Cramp was acquitted of all charges.

 

 

06/01/12

36 Bedford Row welcomes Charlotte Yarrow, Sian Cutter and Malcolm Macdonald

Chambers are pleased to welcome Charlotte Yarrow who joins our Criminal Team from Furnival Chambers. Charlotte was called in 1999 and is an experienced junior barrister in general crime but with a strong track record in handling complex fraud and financial crime including money laundering, insider dealing, tax and VAT fraud, advance fee and banking fraud. She has advised and acted for criminal matters in relation to Trademarks law and was in the landmark case in the Court of Appeal and House of Lords of Johnston which successfully led to the re–definition of the criminal defences under the 1994 Trade Marks Act.

Sian Cutter also joins our Criminal Team from KCH Garden Square. Called in 2007, Sian practices in criminal law and is a Grade 2 Prosecutor. She has represented both Defence and Prosecution at the Crown Court, having been briefed in cases involving firearms, multi–defendant fraud matters, money laundering, arson and serious sexual offences. She has also successfully prosecuted cases for the Department of Work and Pensions.

Malcolm Macdonald joins our Family Team. He was admitted to practice in 2004 in Australia and qualified as a Solicitor in 2005 in England. Malcolm was called to the Bar in 2010. Malcolm joins us from Fisher Meredith LLP where he regularly represented children, parents, other family members and Children’s Guardians. Malcolm had higher rights of audience as a Solicitor and was a member of the Law Society’s Children Panel. Prior to joining Fisher Meredith, Malcolm had also worked at and represented Local Authorities in matters related to children. He has now transferred to the Bar to specialise in Family Law including Human Rights/Public Law and Judicial Review. 

 

06/01/12

Felicity Gerry appears on BBC Breakfast sofa to be interviewed about the Stephen Lawrence murder

 

The two men convicted of the racist murder of black teenager Stephen Lawrence, 18 years after he was stabbed to death, were sentenced on Wednesday.

 Gary Dobson and David Norris were found guilty by an Old Bailey jury after a trial based on forensic evidence.

 They were sentenced as juveniles because they were under 18 at the time of the attack, which happened in south–east London on April 1993.

 Dobson, 36, and Norris, 35, received sentences considerably shorter than would an adult convicted of the same crime under today’s laws.

 Felicity Gerry spoke to BBC Breakfast to explain more, click here to watch the video clip.

 Members of 36 Bedford Row were involved in the McPherson Inquiry which highlighted institutional racism in the Metropolitan Police after blunders made by police in the original Lawrence murder investigation

 

 

 

 

03/01/12

James Collins successfully represents the Claimant in the case of R v Secretary of State for the Home Department on the application of Ali Polat.

In the first case to come before the High Court on the issue as to whether a person who admits possession of a firearm and ammunition and further admits support for a proscribed terrorist organisation (the PKK) is excluded from the ‘One off Exercise to allow Qualifying Asylum Seeking Families to stay in the UK’, in a comprehensive reserved judgment the Court ruled that the Claimant was not excluded.

 Mr Ali Polat, the Claimant, is a Turkish national of Kurdish ethnicity. By a claim for judicial review, he sought to challenge the decision of the Secretary of State refusing his application for indefinite leave to remain in the UK under a concessionary policy known as the One Off Exercise to allow Qualifying Asylum Seeking Families to stay in the UK” (”the One Off Exercise”). The Secretary of State’s decision was made by letters dated 28 April 2010 and 6 August 2010. In those letters, the Secretary of State decided that the Claimant did not qualify under the One Off Exercise because his case fell within Article 1F(b) and 1F(c) of the 1951 Refugee Convention and on that basis he was excluded not only from the Refugee Convention but also the One off Exercise.

 As to Article 1F(b), the Secretary of State concluded that there were serious reasons for considering that the Claimant had committed a serious non–political crime prior to coming into the UK, namely that, in or around July 1996, he had been in possession of a pistol and ammunition. As to Article 1F(c), the Secretary of State concluded that there were serious reasons for considering that the Claimant had committed acts contrary to the purposes and principles of the United Nations, namely that he had been actively involved in the Parti Karkerani Kurdistan (”the PKK”), a terrorist organisation, to the extent of encouraging people in an armed struggle against the Turkish government and in particular that he was involved in an incident on 2 July 1996 involving the PKK where people were killed.

The Claimant’s case was that his possession of a gun and ammunition was not sufficient to bring the Claimant within the ambit of Article 1F(b) and that further and in any event Article 1F(b) was irrelevant to the One off Exercise. As to Article 1F(c) the Claimant argued that his political activities in Turkey for the PKK were not sufficiently serious to constitute acts contrary to the purposes and principles of the UN on the basis of the test to establish such conduct set out in the Supreme Court decision of R (JS (Sri Lanka)) v Secretary of State for the Home Department [2010] UKSC 15. Accordingly it was submitted that the Secretary of State’s decisions were unlawful.

In a reserved and comprehensive judgment and having analysed all the leading case law the Court accepted each argument advanced on behalf of Mr Polat including one to the effect that unlike under the 1951 Refugee Convention “serious non political crime” pursuant to Article 1F(b) is not in fact a ground for exclusion under the One off Exercise.

On that basis the decisions of the Secretary of State were found to be unlawful.

The outcome of the judgment is that whilst the same general principles apply to exclusion under the One off Exercise as under the 1951 Refugee Convention Article 1F(b) plays no part in exclusion under the One off Exercise.

Click Here to read the Judgement

 

 

21/12/11

Frances Oldham Q.C. and Adrienne Lucking successfully argue that there is no case to answer on soliciting to murder and secure acquittal of threats to kill.

Last month at Nottingham Crown Court, a defendant was acquitted of soliciting to murder by running down the deceased victim with a vehicle, Frances Oldham QC, leading Adrienne Lucking, argued that there was no case to answer nor was there evidence upon which a properly directed jury could properly infer the defendant’s guilt.

It was submitted that there was no direct evidence of murderous intent nor sufficient evidence to infer the necessary specific intent because absent any direct evidence, there was no evidence upon which the jury could be sure that his co–defendant, charged with murder, had communicated by telephone his sighting of the victim prior to pursuing the victim. The defendant was also acquitted by the jury of two counts of threats to kill the victim and was convicted of supply of class A drugs to the victim for which he was sentenced to a sentence of 6 and a half years’ imprisonment.

 

20/12/11

Adrienne Lucking successfully prosecutes murderer on licence for violent rape of a woman.

 Last month at Leicester Crown Court Adrienne Lucking successfully prosecuted a male for the violent rape of a woman, whilst he was on licence for murder. The male, who was on licence for the murder of his wife by strangulation, beat the victim around the head with a cricket bat before violently raping her. 

The male denied that he had raped the woman, falsely claiming that they had consensual intercourse on a different day and that she was making an allegation because he had refused to give her money. The application to adduce the murder conviction in evidence was refused as too prejudicial. The trial Judge informed the male that he was facing either a life sentence or imprisonment for public protection. 

The male will be sentenced next month.

Click here to read the report

19/12/11

Piers von Berg prosecutes PCSO for fraudulently claiming sick pay whilst setting up his own florists.

A Metropolitan Police Community Support Officer who worked in Kent while claiming he was off sick has been spared jail. Daniel Earls, 45, was given a 12–month sentence, suspended for two years, at Southwark Crown Court. He worked at his wife’s flower shop in Sittingbourne, while claiming £23,000 in salary and pension benefits.

click here to read the BBC report

 

 

 

25/11/11

Kathryn Howarth addresses the Law Society at Murray Edwards College, Cambridge University

On 10th November Kathryn Howarth delivered an address to the Law Society at Murray Edwards college, Cambridge University. She discussed the work of the Special Court for Sierra Leone and the trial of Charles Taylor in The Hague. Previous speakers to address the college Law Society include Baroness Hale and HHJ Wendy Joseph QC.

25/11/11

Piers von Berg secures a settlement in a death in custody case

Piers von Berg acted for the family of Paul Barber in a successful settlement of a claim for damages in respect of Mr Barber’s death in custody at HMP Wood Hill on 28.03.09 whilst in the care of Milton Keynes Primary Care Trust.

 Mr Barber was awaiting trial for murder and manslaughter, which he had denied. He was represented in those proceedings by Frances Oldham QC and Steve Evans of Chambers. The family sought redress for breaches of Articles 1 (right to life) and Article 3 (inhuman and degrading treatment) for failure to provide appropriate medical treatment. 

The Trust have reached a settlement to compensate the family and provide letters of apology to them.

22/11/11

Saoirse Townshend defends ‘Public Enemy No. 1’ at Northampton Crown Court.

 The Defendant, Lee Cole aged 21, pleaded guilty to one count of dwelling burglary but had already admitted to the police 45 other dwelling burglaries committed in 2009 and 2010. In his defence, Saoirse Townshend said: “?He admits he has had a very troubled past with the law, particularly with dwelling burglaries, and is sorry for this.”? 
He was sentenced by HHJ Tayton to two years in prison.

 

Read more: http://www.northantset.co.uk/news/local/public_enemy_no_1_locked_up_1_3244948

Grainne Mellon and Saoirse Townshend are offering training for local authorities and solicitors on the law on schools admissions and exclusion appeals, and in particular on implementing the Local Government Ombudsman’s guidelines. Please contact the civil clerks for details

 

 

09/11/11

November e–newsletter

 Click here to read our November e–newsletter

09/11/11

Saoirse Townshend has recently returned from her trip to Kyrgyzstan where she acted as an observer of the Krygyzstan Presidential elections for the Organization for Security and Co–operation in Europe on behalf of the UK Foreign and Commonwealth Office.

In the statement of Preliminary Findings and Conclusions (31st October 2011), the OSCE stated that ‘The 30 October presidential election was conducted in a peaceful manner, but shortcomings underscored that the integrity of the electoral process should be improved to consolidate democratic practice in line with international commitments.’ 

Saoirse was posted to Naryn, the rural South Easterly region of Kyrgyzstan where she visited Precinct Election Committees (polling stations) and the Territorial Election Committee in order to assess all elements necessary for a democratic electoral process in accordance with OSCE election–related commitments.

 

 

08/11/11

Jamie De Burgos and David Herbert appear in the Court of Appeal (Criminal Division) in an appeal against the imposition of Financial Reporting Orders (1st November 2011).

 The appellants were two men (Carl Burgess and Kevin Bell) who had been convicted of significant drug trafficking offences, as well as organised offences of dishonesty, before the Crown Court in Northampton. Both appellants, who received significant terms of imprisonment when they were sentenced in 2010, were also made the subject of Financial Reporting Orders (Burgess for 15 years / Bell for 12 years). Jamie De Burgos, who represented Carl Burgess, argued that the Financial Reporting Orders (s76 and s79 SOCPA) should not have been made. David Herbert responded to the appeal on behalf of the prosecution.

The Court of Appeal agreed with the prosecution that the appellants were both career criminals of a serious calibre who had been offending over a period of 3 years. There was also substantial evidence that both men had been concealing the proceeds of their criminal activities. Both men were career criminals who presented a high risk of committing further offences upon release from prison. The Court observed that any conditions of licence would not eliminate or reduce the risk of further offending. The Court concluded that, in both cases, the Financial Reporting Orders imposed were justified. This case was an appropriate case where the orders would provide advantages to the future detection and future deterrence of crime. The Court concluded that there was inadequate justification for an order being made for a period of 15 years in Burgess’ case and substituted a period of 12 years.

The Court indicated that the case of R v Wright [2009] was an exceptional case that was based very much on its own facts. The court also observed that when imposing such an order it was important that the judge set out how he/she had; (1) assessed the risk of further relevant offending; (2) considered the proportionality and necessity of making such an order. A judge did not need to give an elaborate analysis of his/her reasoning, however it would greatly assist if brief reasons were set out.      

 

 

07/11/11

Felicity Gerry appears on Sky News to comment on the Vincent Tabak case and why viewing pornography was not admissible.

Felicity Gerry was interviewed by Mark Longhurst on Sky News Sunrise programme on Saturday 29^th October 2011 in relation to the law on bad character and why the jury in the Tabak case did not hear evidence that he had downloaded strangulation pornography. She explained the law and the importance of fair trial principles regardless of the crime or the offender and in consequence was invited to write a piece for the Justicegap.com, part of the Guardian Legal Network

 For TheJusticeGap.com article – click on this link http://thejusticegap.com/2011/10/vincent-tabak-and-the-law-on-bad-character/

 The article was very well received on twitter and picked up on Friday by David Allen Green for The Lawyer Magazine http://www.thelawyer.com/law-blogs-review-3-4-november-2011/1010115.article

 

 

01/11/11

Catarina Sjolin prosecutes tragic case of elderly couple bullied by local men in Leicester. The case was sensitive due to the husband dying from a heart attack whilst phoning the police during the final incident of harassment. Feelings ran high for the widow and family as well as for the supporters of the defendants.

 Read article here

19/10/11

Chambers is pleased to announce and congratulate Rebecca Crane, who has been appointed District Judge at Camberwell Green Magistrates Court. We wish her every success in her appointment.

 

18/10/11

Read our October e–newsletter

Click Here to read our October e–newsletter

05/10/11

Chambers is pleased to welcome Martha Spurrier, Saoirse Townshend and Gráinne Mellon as new tenants on successful completion of their Pupillage

 

03/10/11

His Honour Judge Christopher Metcalf retires

 We wish HHJ Metcalf a happy retirement.  HHJ Metcalf, a former member of Chambers, retired from the Circuit Bench on 28 September 2011.

03/10/11

Chambers is pleased to announce and congratulate Rosa Dean, who has been appointed Circuit Judge at Isleworth Crown Court. We wish her every success in her appointment.

 

29/09/11

Legal 500 Rankings Out for 2011

 The 2011 Rankings have been released by the Legal 500. Within Crime:

36 Bedford Row ‘operates with real pride and strength in depth‘.

 Christopher Donnellan QC is recommended, particularly for cases with a high degree of complexity and sensitivity, thanks to his ‘excellent brain and bedside manner‘. 

Frances Oldham QC straddles criminal and family matters to great acclaim. 

Matthew Lowe is ‘an excellent advocate, understated and clear‘, and Jonathan Spicer ‘calmly and patiently deals with substantial matters clearly and with an eye for detail‘. 

Up–and–coming junior Claire Howell is ‘analytical and thorough‘.

 Within Children law (including public and private law):

 William Tyler at 36 Bedford Row – ‘superb‘, and an ‘exceptional advocate‘.

 

27/09/11

Read our September e–newsletter

 Click Here to read our September e–newsletter

20/09/11

Paul and Mary Prior were invited to deliver a paper on the English legal system and road traffic law and procedure to Judges from the People’s High Court.

 The Chinese law offers a single generic offence to cover most instances of motor vehicle criminality. Mary introduced the history of the English legal system and Paul delivered a detailed analysis of road traffic offences and sentencing  practice. He went on to describe the processing of road traffic matters from collision to sentence, including a look at the processes of the civil court.

 The day seminar concluded with Mary addressing the delegation on general sentencing practice and the differing disciplines of solicitors and barristers

 

19/09/11

36 Bedford Row welcomes the new law on Universal Jurisdiction

 Provisions of the Police Reform and Social Responsibility Act received Royal Assent on the 15th September 2011. It includes new provisions effecting universal jurisdiction in the courts in England and Wales, to deal with people accused of serious human rights violations. It means that a person accused of committing certain crimes in another country can be prosecuted here. Offences include war crimes, torture and hostage–taking.

 Members of 36 Bedford Row have appeared in many major trials of this type around the world, acting for both the prosecution and the defence. Stuart Alford (who is Head of 36 Bedford Row’s International Team and Chair of the War Crimes Committee of the International Bar Association) said:

 ”one of the most significant changes is that an arrest warrant on a private prosecution, based upon universal jurisdiction, now requires the consent of the DPP. This makes it very much more important that expert counsel are engaged from an early stage on each side”.

Stuart Alford and other members of 36 Bedford Row, including Jonathan Kirk QC, Felicity Gerry and David Green (Senior Clerk), will be at the International Bar Association Conference in Dubai from 30th October to 5th November. [add link to IBA Dubai Conference web page] Stuart Alford will be chairing two sessions at the conference on topics concerning recent developments in international criminal law. If you will be in Dubai, we would be very glad to see you there; please contact David Green to arrange a mutually convenient time to meet – david@36bedfordrow.co.uk or 020 7421 8000.

 

16/09/11

John Lloyd–Jones appointed as head of the 36 Bedford Row Criminal Team

 

The role has traditionally been held by a senior junior and in John Lloyd–Jones we are confident that his ability and skill will keep us at the forefront of serious criminal work, prosecuting and defending in the UK and abroad. John is keen to promote the fact that members of our criminal team also advise and appear in disciplinary matters for medical and other professionals and commonly advise on applications for judicial review. On being appointed John said:

 

12/09/11

We are pleased to announce the election of Richard Wilson QC and William Harbage QC as joint Heads of Chambers.

Richard and William have taken over as our first ever joint Heads following the completion of Frances Oldham QC’s second term of office. Chambers would like to record its gratitude to Frances for her outstanding work over the last 8 years and to offer a warm welcome to Richard and William in their new role.

16/08/11

Read our August e-newsletter

 Click Here to read our August 2011 e-newsletter

03/08/11

Chambers is pleased to announce and congratulate Hugo Norton Taylor on his appointment as Part–Time Judge of the First Tier Tribunal, in the area of Social Entitlement and Child Support.

 

03/08/11

Chambers is pleased to announce and congratulate Allison Summers on her appointment as Assistant Deputy Coroner for Medway, Kent.

 

26/07/11

Sam Mainds prosecutes a dangerous psychotic defendant for rape of a 12-year-old school girl.

 An unusual sentence was imposed pursuant to s45 of the Mental Health Act imposing imprisonment for public protection with a hospital direction and limitation direction.

 Click here to read the article

 

 

19/07/11

Read our July 2011 e-newsletter

Click Here to read our July 2011 e-newsletter

08/07/11

Chambers is pleased to announce and congratulate David Farrell QC and Lynn Tayton QC who have both been appointed to the Circuit Bench.

 HH Judge Farrell QC will sit at Luton Crown Court and HH Judge Tayton QC will sit at Northampton Crown Court. We wish them every success in their new roles

07/07/11

Frances Oldham and Felicity Gerry successfully argue that there is no case to answer on murder

 In a rare result last week at Coventry Crown Court, a female defendant was acquitted of murder by stabbing when Frances Oldham QC, leading Felicity Gerry, submitted that there was no case to answer as there was no evidence of murderous intent and no reliable evidence that she knew her co-defendant was carrying a knife.

 Witnesses had also agreed in cross examination by both Mrs Oldham QC and Felicity Gerry that their client had not participated in the direct attack on the deceased. A second defendant was convicted. To read more follow this link

Click here to read the article

27/06/11

Felicity Gerry writes for the Times, Solicitors Journal and HLE Think Tank on the Facebook Juror

 Asked by Solicitor’s Journal to comment on the sentence of Joanna Fraill, Felicity’s article, supporting the right to jury trial, was picked up by other press substantially due to the reference to John Rambo

 

 

Links as follows:

HLE Think Tank - http://www.halsburyslawexchange.co.uk/dont-scrap-the-jury/

 

23/06/11

Stuart Alford chairs a workshop on International Criminal Defence Rights, in The Hague on Saturday 11 June 2011.

 The workshop was part of an ongoing project for the International Bar Association, looking at issues for defence teams at international criminal tribunals. The workshop took place at the International Criminal Tribunal for the Former Yugoslavia and was attended by many of the leading international criminal defence experts from around the world. 

The all day programme included presentations and discussion on eleven papers covering the most significant concerns for defence teams. The project will conclude with the publication of the work and a launch workshop in The Hague at the beginning of 2012. 

Stuart Alford is chair of the War Crimes Committee of the International Bar Association.

17/06/11

David Herbert prosecuted a man accused of murdering his ex-partner with a samurai sword.

 The defendant had originally claimed that she had initiated the attack; stabbing him first before she was fatally wounded accidentally during a struggle.

However, scientific evidence relating to blood layering techniques - combined with the other evidence in the case - proved that in fact the man had run the sword through his ex-partner before stabbing himself in the stomach.

The defendant pleaded guilty to murder and was sentenced to life imprisonment by Mr. Justice Royce.

 

 

14/06/11

Read our June 2011 e-newsletter

Click Here to read our June 2011 e-newsletter

14/06/11

Felicity Gerry prosecutes a £4.5million international boiler room fraud at Derby Crown Court on behalf of CPS Central Fraud Group (North).

 On Thursday 9th June 2011 Paul Slack pleaded guilty to his part in Operation Handa, an investigation into an organised crime group that has targeted members of the public, not only in Derbyshire but throughout the United Kingdom and the rest of the world. 

The Operation Handa investigation has revealed that the criminal gang have by the creation of apparently legitimate companies, bank accounts, press releases and websites deceived members of the public into believing that they were purchasing legitimate shares and commodity options from bona fide companies when in reality any payments for these contracts were stolen by the gang through bank accounts set up in Cyprus, Singapore and Hong Kong. Enquiries to trace further suspects in this case are continuing.

Paul Slack is to be sentenced on 15th July 2011 at Derby Crown Court for conspiring, together with others, to obtain funds from various investors by falsely representing that First Call Commodities, Milton Hayward, Total Asset Management, Keshington Group LTD, Regal and Archer, East West Options, Jam Capital, Mays Group, Bradley Hill Holdings, World Asian Trading Group, Chatex Ltd, Goldman Asset Management, Quantum Holdings and Borsa Financial were genuine investment companies offering genuine investment opportunities and for concealing criminal property.

The Derbyshire police press release issued today stated that this extremely complex enquiry has necessitated evidential enquiries in over 40 countries. Over 200 victims have been identified ....throughout the world, including, Europe, North America, Australasia and the Far East. The total value of losses by the victims ascertained to date is believed to be in excess of £4.5 million.  

Enquiries to trace further suspects in this case are continuing. 

Paul Slack is to be sentenced on 15th July 2011 at Derby Crown Court.

 

27/05/11

Amjad Malik QC, invited to attend a Legal Seminar hosted by Slaughter and May on 17th May 2011

 Amjad Malik QC was invited to attend a Legal Seminar hosted by Slaughter and May, at their offices in the City, on the 17th May. The seminar was concerned with career progression and achieving success for lawyers of Muslim faith in the large City firms of Solicitors and in City Banking. The Evening was attended by over 100 lawyers and marked the achievements of some of the very best commercial lawyers in the country."

26/05/11

Amjad Malik QC and Felicity Gerry attended the Society of Asian Lawyers annual dinner

 On Saturday 21st May 2011 Amjad Malik QC and Fellicity Gerry attended the Society of Asian Lawyers annual dinner, held at the Millenium Hotel in Grosvenor Square, London.

 Amjad, the President of Association of The Association of Muslim Lawyers, was invited by the Chair of Society Asian Lawyers, Shams Rahman to attend and is a keynote speaker in their "Forced Marriage and Honour Crimes" seminar programme.

11/05/11

Read our Spring 2011 Criminal Newsletter

 Click Here to read our Spring 2011 Criminal Newsletter

11/05/11

Felicity Gerry shares advice with the Guardian on combining family and the Bar

 Women at the bar are like Ginger Rogers: they can do everything the men can do, and backwards in high heels. The following advice is based on my own meandering experience.

•  Remember what you do is more important than who you are. You uphold the rule of law and make sure that victims and defendants receive a fair trial regardless of the accusation or the social standing of the defendant. This may come to some personal sacrifice but trust me, after 17 years at the bar, this element of public duty keeps your career thrilling at no great expense to your personal life
   
• Be prepared. Preparation is the key to every case. The thinner the brief almost inevitably means the more the law. Make time to research every point. Organise your papers. Control your diary. Read

To read the full article published on the Guardian's website 

click here

 

10/05/11

Read our May 2011 e-newsletter

 Click Here to read our May 2011 e-newsletter

28/04/11

David Farrell QC and Stuart Alford successfully completed a multi-million pound fraud trial at Luton with the conviction and sentence of the final 3 defendants this week.

 They were instructed by Luton CPS in late 2008 to prosecute 44 defendants who were part of a Luton based gang who set up a fraudulent accident management business and then made multiple insurance claims with staged, induced, invented and exaggerated fraudulent car accident claims. Innocent motorists were targeted in induced accidents and vehicles deliberately damaged or further damaged at a farm controlled by them just north of Luton.

 Even a JCB digger was seen deliberately used to damage a car for insurance claim purposes! Save for the legal owner of the farm, all of the defendants were convicted or pleaded guilty. Substantial prison sentences were imposed on the main defendants and confiscation proceeding are to be perused. 

The trial Judge stated that every car owner and consumer suffered as a result of the fraud in that higher insurance premiums are caused by this type of illicit conduct.  There were 15 indictments with trials conducted over a period of nearly 2 years. David Farrell QC and Stuart Alford used PowerPoint and other computer graphics to present the cases to the Jury and thereby facilitated a better and more efficient understanding of the case. 

Click Here to read the BBC's report

27/04/11

Andrzej Bojarski represented the local authority in care proceedings where Theis J stressed the importance of following the Royal College of Paediatrics and Child Health Guidelines when conducting an examination for signs of sexual abuse.

 The clinicians involved in the child's examinations had been joined as interveners and were named in the judgment.  The judgment can be found on the Family Law Week website as A Local Authority v C [2011] EWHC 231 by following this link: www.familylawweek.co.uk/site.aspx?i=ed81766.

 

12/04/11

Paul Prior has appeared on a matter relating to Sentencing in the Court of Appeal.

The case considered whether it was appropriate, on the facts of the case, for consecutive or concurrent sentences to be passed. The Court acceded to Paul's submissions that the sentences of imprisonment in this case should have been made concurrent. 

 

 

04/04/11

Amjad Malik QC is elected the new President of the "1000 strong" United Kingdom Association of Muslim Lawyers

Congratulations to Amjad Malik QC who was elected as the President of the Association of Muslim lawyers, on the 31st March 2011, at the Association's Annual General Meeting.

Amjad Malik QC took over the Presidency from Ms Ifath Nawaz and the event was held at the offices of Clifford Chance Solicitors, in Canary Wharf, London. Clifford Chance generously provided the members of the Association with the use of its conference facilities and theatre and the event was attended by over 100 lawyers, judges and student members.

The Rt. Hon Sadiq Khan MP, Shadow Secretary of State for Justice and Constitutional Affairs and Shadow Lord Chancellor provided an optimistic and well-received address, as to the encouragement of access to and diversity within the legal professions and judiciary.  

Amjad Malik QC in his inspiring inaugural address said the Association and its members were a dynamic positive force, altering the lives of many people and he intended to lead the Association with a vision of optimism.

The Association of Muslim lawyers website can be found at http://www.aml.org.uk

01/04/11

Read our April 2011 e-newsletter

 click here to read our April 2011 e-newsletter

31/03/11

James Collins successfully represents Claimant in High Court test case

 On 29th March 2011 Mr Justice Irwin handed down  judgment  in the case of R v Secretary of State for the Home Department on the application of Ebcin [2011] EWHC 741.

The case was fought as a test case as the first case to come before the High Court on the issue as to whether an application  to revoke  an automatic Deportation Order made in accordance with the UK Borders Act 2007 generates a right of appeal under section 82(2)(k) of the Nationality and Immigration Act 2002.  The Judge rejected the Secretary of State’s arguments that there should be no in country right of appeal.

The case has important ramifications for all those who are subject to the automatic deportation regime of the 2007 Act but who make further in country representations seeking to revoke the Deportation Order after their initial appeal has been dismissed. Indeed Irwin J. observed at paragraph 8 of his judgement that “....the question in hand  is a legal problem of wide application.”

The Secretary of State’s application for leave to appeal to the Court of Appeal was refused.

 

 

 

30/03/11

Amjad Malik QC speaks on Honour Crimes at the Society of Asian Lawyers and the Crown Prosecution Service Seminar on Forced Marriages.

 Amjad Malik QC was invited to address the Society of Asian Lawyers and the Crown Prosecution Service at their seminar on “honour crimes, forced marriages, the State’s response, and the community’s role.”  The seminar was held at  CPS Headquarters on the 29th March 2011 and was attended by over a 100 delegates, including many defence solicitors and interested parties from community and voluntary organisations.

 Amjad Malik QC was asked to provide his views as to the reasons why honour crime occurred and how it could be best eliminated. He provided an insight into the notion of honour or pride that he has seen in cases spanning over 22 years, including, most recently, when he represented one of the four men charged with the "honour killing", by machete, of Geeta Aulukh, in Southall.  

 

 

25/03/11

Gráinne Mellon, one of 36 Bedford Row's current pupils, has successfully argued an unfair dismissal claim which resulted in an award of over £37,000 for her client

 Gráinne took the case on a pro bono basis on behalf of the Free Representation Unit, where she is a fully qualified and experienced  Employment Tribunal representative. The tribunal found for the Claimant on all six grounds pleaded including unfair dismissal; unlawful deduction of wages; breach of contract; failure to provide a written contract; failure to provide payslips and failure to provide holiday pay. The tribunal described the Respondent employer as "cavalier" and found the Claimant, a tradesman in his 50's with a long history of service, to be an honest and reliable witness. 

Gráinne, who has completed a number of unfair dismissal cases with FRU  says, "Without FRU, this Claimant would have had no legal representation at the tribunal, regardless of how deserving his case was. I think it simply highlights the quality and value of the work FRU does on a daily basis." 

 Gráinne remains committed to pro bono advocacy both through FRU and her work as a bail representative for immigration detainees.

 

22/03/11

Richard Wilson QC obtains permission to appeal five costs orders of several judges from the Administrative Court to the Court of Appeal. Each case raises questions of public importance relating to costs in Judicial Review cases following the decision in the ZO Somalia Supreme Court case, where Richard had successfully represented the claimants: R (AK & Others) v Secretary of State for the Home Department, 21st March 2011

Costs in Judicial Review proceedings:

In R (AK & Others) v Secretary of State for the Home Department, 21st March 2011, Richard Wilson QC appeared before the Court of Appeal (Civil Division) and obtained permission to appeal the costs orders of several judges of the Administrative Court.  The judges had each made an order of ‘no order as to costs’ in cases where, following the grant of Indefinite Leave to Remain, asylum seekers had withdrawn their claims for permission to work by consent, leaving only the question of costs to be determined by a judge on the papers.   

Five different cases have been joined for the purposes of appeal.  Richard represents all five clients, and is leading a barrister from other chambers as well as a solicitor-advocate.  The issues in these cases each arise out of the decision in the ZO Somalia Supreme Court case, where Richard had successfully represented the claimants: see R (ZO (Somalia) v. Secretary of State for the Home Department [2010] 1 WLR 1948.

The five appeals raise two questions of public importance relating to costs in Judicial Review cases.  First, what is the proper approach for a judge to take when dealing with the Boxall test (i.e. which party would have won had the substantive issues been fought to a conclusion?): see R (Boxall) v. Waltham Forest LBC (2001) 4 C.C.L Rep 258. 

The second question could conceivably change the test for the award of costs in Judicial Review cases where the substantive issues are compromised, and not fought to a conclusion.  Basically, following the introduction of Pre-Action Protocols for Judicial Review, should the Court of Appeal adopt the recommendation of Lord Justice Jackson in his Report on Civil Litigation Costs and modify or abandon the Boxall test, and introduce a new “normal” order?

(Richard Wilson QC specialises in Public & Administrative, Employment and Commercial law.   He has a particular interest in fundamental rights arising under European Union law, the Human Rights Act 1998 and the Equality Act 2010).

21/03/11

Will Tyler wins 'Barrister Of The Year" Award at Leicestershire Law Society Annual Dinner & Awards Ceremony on Friday 18th March 2011.

The Society celebrated 150 Years of supporting the legal profession in Leicester.

Will Tyler is a member of the Family Team and undertakes the full range of family work.  He specialises in particular in the heavier care cases, frequently appearing in cases involving the most serious injuries and abuse or death.  He is head of Chambers' Court of Protection Team and has a busy and growing practice in this area.

10/03/11

Read our March 2011 e-newsletter

click here to read our March  2011 e-newsletter

07/03/11

Administrative Court recognises the force of Richard Wilson QC's submissions in important test case

In a judgment handed down on 4 March 2011, the senior Administrative Court Judge, Mr Justice Collins, “recognised the force” of Richard Wilson QC’s submissions in an important test case.  In Negassi v. Secretary of State for the Home Department, Richard Wilson QC appeared on behalf of the claimant, Negassi.  The issue was whether an affected asylum seeker was entitled to damages in principle for a blanket prohibition which had prevented them from working.

In Negassi, two questions were raised in a United Kingdom court for the first time: (i) was the United Kingdom liable under European Union law to make reparation in damages to an entire class of asylum seekers affected by the Secretary of State’s unlawful blanket prohibition which had prevented them from working; and (ii) were damages recoverable under Article 8 of the European Convention of Human Rights in respect of the same unlawful policy.  
Mr Justice Collins did not find for the claimant, but found the case a “difficult” one.  In recognition of that, the judge indicated (even before he reserved judgment on 16 February 2011) that he would be minded to grant permission to appeal to the unsuccessful party.  The case is now likely to go to the Court of Appeal on appeal.  It is reported at:
http://www.bailii.org/ew/cases/EWHC/Admin/2011/386.html

(Richard Wilson QC had also been Leading counsel in ZO (Somalia) v. Secretary of State for the Home Department [2010] 1 WLR 1948, where the Supreme Court of the UK had ruled unlawful, the Home Secretary's blanket prohibition on subsequent asylum seekers being able to work.

The basic issue in the Negassi case (above), was whether an affected asylum seeker was entitled to damages in principle for the unlawful prohibition.  Richard specialises in Judicial Review, Commercial Disputes and Employment & Discrimination law.  He is a member of the Equality and Human Rights Commission's Panel of Preferred Counsel, and has a particular interest in the protection of Fundamental Rights)."

 

23/02/11

Emilie Pottle provides expertise to Iraqi parliamentarians on improving access to justice for women.

Emilie Pottle travelled to Iraq on 27th January 2011  to attend an International Conference titled “The Role of Women in Peace-Building, Reconciliation and Accountability in Iraq”  Emilie attended the conference as part of an expert panel on international and domestic criminal justice issues on behalf of the international NGO, ‘No Peace Without Justice’.  The participants of the conference were primarily Iraqi parliamentarians and civil society leaders.

Emilie said “what is interesting, from the perspective of a UK barrister, are the similarities in the challenges faced by Iraqi and British women in securing redress for gender based violence. The obvious examples being the reluctance of complainants to give evidence against their abusers in sexual violence cases”.  The final recommendations of the conference included the establishment of domestic violence ‘shelters’ to provided financial and emotional support to complainants.

Emilie joined Chambers in October 2009 after the successful completion of her pupillage. Her practice encompasses a broad spectrum of criminal and civil work.

23/02/11

Read our February 2011 e-newsletter

click here to read our February e-newsletter

23/02/11

Felicity Gerry on the Radio:

On Tuesday 15th February 2011, Felicity Gerry was interviewed on BBC Radio 2’s Jeremy Vine show in relation to the Government announcement that sex offenders will be allowed a review of the period of time that they are required to notify their whereabouts to the police.

Felicity explained that dangerous offenders might seek a review but will find it almost impossible to succeed and that the review process will not apply to lower level offenders who are sentenced to less that 30 months imprisonment. It is the offenders in between for which the current blanket system has been held to be disproportionate. It is proposed that the review procedure will apply after15 years.

Felicity routinely gives advice to clients on whether they can challenge the terms of existing Sexual Offences Prevention Orders and can also advise as to the prospects of success on a notification review

14/02/11

James Collins in High Court Automatic Deportation test case

 On 28th January 2011 James Collins instructed by Dogan Solicitors represented the Claimant in the case of R v Secretary of State for the Home Department on the application of Ebcin. This is the first case to come before the High Court on the issue as to whether an application  to revoke  an automatic Deportation Order made in accordance with the UK Borders Act 2007 generates a right of appeal under section 82(2)(k) of the Nationality and Immigration Act 2002.

The case has important ramifications for all those who are subject to the automatic deportation regime of the 2007 Act but who make further in country representations seeking to revoke the Deportation Order after their initial appeal has been dismissed.

Irwin J. reserved his judgment to be handed down at a later date.

11/02/11

Richard O'Dair & Robin Allen QC represent Mr Seldon in The Supreme Court instructed by The Commission for Equality and Human Rights

On 9th February 2011 the Supreme Court granted leave to appeal to Mr Leslie Seldon who claims that he was the subject of unlawful age discrimination when he was forced to retire from his law firm in December 2006 because he had reached the age of 65.

The case concerns the proper limits of the justification defence in Regulation 3 of the Employment Equality Age Regulations 2006 and is of wide significance because following the forthcoming repeal of the blanket mandatory defence now contained in Regulation 30 it will be regulation 3 which governs the legality of any compulsory retirement.

09/02/11

William Harbage QC, David Herbert , Felicity Gerry publish an article on the new defence to murder of Loss of Control in The Solicitors Journal

Entitled “Losing it” but perhaps better labelled “Was Delilah murdered?” they consider the question in the fictional case of R v Tom Jones which, under the new law of loss of control would not so much be “why why why Delilah?” but “why Tom".  

As the first few cases reach the Crown Court after the implementation of the Coroners and Justice Act 2009 (in force for killings on or after 4 October 2010) advocates and judges will be considering the scope of the new provisions. The defence of loss of control is more restrictive than the law of provocation as parliament has evidently decided that ‘sexual infidelity’ is to be disregarded as a qualifying trigger for a loss of self control regardless of how many times it occurs. This differs to the defence of provocation, which continues to apply for killings before 4 October 2010 and is available to a defendant who had been provoked by his wife’s adultery.

 To read the full article click here

 

09/02/11

We are pleased to announce that David Farrell QC is the first Queens Counsel to receive accreditation to accept Very High Cost Criminal Cases

David Farrell is the first Queens Counsel in the UK to achieve accreditation under the new Scheme for High Cost Criminal Cases introduced in 2010. The Complex Crime Unit (CCU) of the Legal Services Commission manages Very High Cost Criminal (VHCC) cases under individual case contracts. The Unit also manages the Specialist Fraud Panel, which was established to control defence costs in Very High Cost Fraud cases

For more information, please click here

20/01/11

36 Bedford Row launch unique Employment iPhone App!

36 Bedford Row is the first barristers chambers to produce an iPhone App and our barristers have been working very creating an app designed to help workers identify employment their rights. Our App is called ‘Work Rights’ and was launched on 11th January 2010 and is now downloadble at iTunes. WorkRights offers information to those who feel they may have been unfairly made redundant, dismissed or suffered harassment or discrimination in the workplace.  We believe we have a duty to educate the public to know and understand their rights and we feel this tool can help remove some of the barriers between the general public and our barristers. We also feel this is a innovative way to reach our market by offering free valuable information in the palm of their hand.

 WorkRights takes the user through a simple questionnaire and breaks down in a practical way the types of legal issues, or heads of claim, that may arise in a specific case. It also includes a dictionary which simply explains legal terminology, so the user can be clear on their position.  At the end of the questionnaire, depending on the input, the app should help identify whether or not there is a claim and if so set out all the key information that identifies the key components of that claim.  The information provided should help workers fill out a claim form without the need of assistance at a Citizens Advice Bureau.  Bringing the law to the masses!

 For more information on our app visit www.workrightsapp.com or to download click here

17/01/11

36 Bedford Row selected to join panel for the Equality and Human Rights Commission

We are pleased to announce that 13 members of 36 Bedford Row have been appointed to the Equality and Human Rights Commission’s panel of Preferred Counsel.  Our members appointed to the Panel of Preferred Counsel are specialists in various areas of practice, including: Judicial Review, European Union law, Human Rights, Employment, Family, Criminal law, Housing and Immigration & Asylum.  We look forward to working with the Equality and Human Rights Commission to help create a fairer Britain, where fundamental rights are fully respected.

12/01/11

Felicity Gerry appears on BBC Panorama

 On 10th January 2010, Felicity Gerry appeared on BBC’s Panorama. The programme covered an investigation by news reporter Sophie Raworth examining the growing concern about the sexualisation of children in the UK and what images children are being exposed to.

Felicity was asked to participate in this programme as one of the aspects which was explored is the world of new media and the influences it is having on young people. Her role was to explain that when young people text or send online images of each other of an explicit nature and/or access online pornographic images of people their own age, they are committing criminal offences.

 click here to view

 

31/12/10

Paul Prior prosecutes sex case

Paul Prior appeared for the prosecution at Leicester Crown Court in a matter where a 25 year old woman had numerous incidents of sex with a 14 year old boy. The case has attracted some media attention which detailed 2 months of abuse and involved the complainant making an attempt on his life. The Defendant received 3 years.

click here to read about the reported case in the Daily Mail

 

17/12/10

Congratulations to Burton and Co LLP Solicitors for winning the John Lewis Luxury Indulgence Hamper at our Charity Quiz Night held in Lincoln.

36 Bedford Row held a quiz night on 16th December 2010 in aid of the Make-A-Wish Charity who grant magical wishes to children and young people fighting life-threatening illnesses. A big thank you to all who attended!

16/12/10

James Collins successfully argues in the Court of Appeal case involving a convicted drug dealer.

James Collins was instructed by Paragon Law in VS Jamaica and was successful in obtaining permission to appeal in a case involving a convicted Jamaican drug dealer.

16/12/10

Felicity Gerry is the first woman to write a comment piece for Criminal Law and Justice Weekly.

08/12/10

Frances Oldham QC successfully prosecutes Rubina Maroof at Luton Crown Court.

Rubina Maroof was convicted of false imprisonment and manslaughter of a faith healer who was subjected to a prolonged torture before death.

07/12/10

David Farrell QC and Stuart Alford in Court of Appeal case where guidance was laid down for the sentencing of seriously ill defendants.

In R v Qazi [2010] EWCA Crim 2579 the defendant suffered from a serious medical condition known as Beta Thalassaemia Major and was sentenced to imprisonment for five years and six months.

On an Appeal against sentence in which the prosecution were represented by David Farrell QC and Stuart Alford the Appellant argued that his imprisonment in these circumstances constituted a breach of Article 3 ECHR (inhuman or degrading treatment or punishment).
The Court of Appeal held that it did not, making it clear that such an argument will very rarely, if ever, succeed.

30/11/10

Amjad Malik QC leading Kate Tompkins represent Defendant accused of killing a young Asian woman for honour at the Old Bailey.

The Prosecution alleges that the Deceased's husband contracted the Defendant and two others to murder his wife to preserve his honour.

The murder took place in a residential street and the Deceased was attacked with a machete which caused fatal wounds to her head and the severance of her hand. Up until two months before the trial the Defendant had been treated by the police as the chief Prosecution witness.

http://www.ealinggazette.co.uk/ealing-news/local-ealing-news/2010/11/25/geeta-killing-nothing-to-do-with-ethnicity-say-defence-64767-27718217/

29/11/10

Felicity Gerry prosecutes Climate change protestors' power station trial at Nottingham Crown Court

28/11/10

Hugo Norton-Taylor successfully argues before the Court of Appeal in the test case of RT and Others (Zimbabwe) [2010] EWCA Civ 1285 that asylum applicants cannot be required to profess a political belief which they do not in fact hold. This decision has implications for a large number of asylum applicants from Zimbabwe and elsewhere.

18/11/10

Richard Wilson QC was successful in the Supreme Court of the United Kingdom, in the case of The Queen ( on the application of ZO (Somalia)) v. Secretary of State for the Home Department [2010] 1 W.L.R. 1948.

16/11/10

Amjad Malik QC speaks at The East London Mosque on how freedom of speech can protect the khutbah and thus avoid stirring up hatred on the grounds of religion or sexual orientation

15/11/10

David Herbert concludes the prosecution of Operation Marrowbone,the 14th member of an organised crime group was sentenced to a term of 6 years 8 months imprisonment for his involvement in four burglaries and an offence of conspiracy to burgle

11/11/10

Adrienne Lucking to represent doctor accused of sexual offences

Adrienne Lucking has been instructed to represent a doctor charged with sexual offences against nursing staff in a Leicestershire hospital. The trial is due to take place next year.

10/11/10

Congratulations to Piers von Berg!

36 Bedford Row are delighted to announce that Piers von Berg has successfully completed pupillage and now joins Bedford Row as a member. His tenancy came into effect on 29th September 2010.

03/11/10

William Harbage QC leading Allison Summers, David Farrell QC, and Lynn Tayton QC leading Robert Underwood all appearing for the defence in murder trial where Prosecution allege gang of youths lured disabled man to his death

03/11/10

Jonathon Rushton successfully argued before the Court of Appeal that contracts for the provision of training courses had been varied with the result that the appellants were no longer liable to pay the course charges.

02/11/10

Felicity Gerry speaks at Children & Crime Conference held at the Forensic Science Society on 13th November

This conference will appeal to a wide range of individuals, general topics include: mobile phone technology, fire investigation, anthropology, questioned documents, psychology, the law, DNA, entomology and toxicology.
For full details visit Forensic Science Conference

Felicity Gerry, author of 'The Sexual Offences Handbook' has a substantial practice specialising in serious fatal, sexual and violent offences. As a "Rape Specialist" advocate, she is particularly experienced in complex and lengthy trials concerning recent or historic sexual crime and in fatal and non-fatal child cruelty cases.

16/09/10

What Legal 500 says about us:

01/07/10

Frances Oldham QC leading Gillian Temple-Bone represent co-defendant found guilty of murdering a 3 year old child.

Gillian Temple-Bone led by Frances Oldham QC, represented a young girl aged 20 who was tried and found guilty of murdering of a 3 year old boy in her care in December 2008.

The medical evidence was complex and demonstrated he died of at least 10 impact blows to his skull visible internally, as well as over 60 separate external injuries.

Evidence was heard from 76 witnesses with multiple medical experts.

25/05/10

36 Bedford Row welcomes two new tenants

Chambers is delighted to announce that Philippa Daniels, formerly of 7 New Square Lincoln's Inn, and John Small, formerly of King Street Chambers, have accepted invitations to join us. Philippa is an established practitioner in a variety of areas encompassing insolvency, commercial law, landlord and tenant, property law and general civil litigation. Called in 1995, Philippa further strengthens our middle junior civil team.

John is an established practitioner with particular experience in Employment Law, as well as Personal Injury and Commercial Disputes. He regularly appears in the Employment Tribunal as well as the Employment Appeal Tribunal for both Claimants and Respondents. Called in 2002, John joins our junior civil teams.

17/05/10

36 Bedford Row is delighted to announce three new members

36 Bedford Row is delighted to announce that David Herbert, Mary Prior and Paul Prior, all formerly of Garden Square Chambers in Leicester, have accepted invitations to join us.

David Herbert, former Head of Garden Square Chambers, is a leading practitioner based in Leicester with a very substantial criminal practice. He brings to 36 Bedford Row his extensive experience in cases involving organised crime, murders, firearms cases, serious sexual offending and large-scale conspiracies. David is instructed by the East Midlands Complex Casework Unit. He was called in 1992 and is a Grade 4 prosecutor.

Mary Prior is a former senior Crown Prosecutor who entered independent practice in 1996. Her well-established practice consists largely of defence work including rapes, sexual offences, child abuse and crimes with a sexual or domestic background. Called in 1990, she further strengthens our junior criminal team.

Paul Prior was called in 2003. He is a criminal practitioner, principally acting for the defence, but has also recently qualified as a mediator (subject to a final mediation shadowing). Paul is a very competent advocate, with cases covering fraud, driving offences, sexual offences and possession of firearms.

10/05/10

36 Bedford Row is delighted to announce that Rebecca Herbert, previously of Garden Square chambers in Leicester, has accepted an invitation to join us.

Rebecca is an established practitioner in a variety of areas in Criminal Law, with extensive experience in serious violent crime, robbery, child cruelty, domestic violence and sexual offences. Called to the Bar in 1993, she further strengthens our Criminal Team, and presence and support in the Leicester & Midlands Courts.

04/05/10

On 30 April 2010 Andrzej Bojarski addressed a meeting in St Helier, Jersey of offshore trust fund managers and administrators on the subject of unlocking trust assets in an English divorce. The meeting was hosted by the Jersey law firm, Hanson Renouf, and other speakers included Tim Scott QC and Dawn Cooper of Withers LLP.

If you would like a copy of the seminar notes, please contact rebecca@36bedfordrow.co.uk

12/04/10

William Harbage QC prosecutes in child neglect case.

William Harbage QC prosecuted a couple over the neglect of their disabled eight-year old daughter who accidentally hung herself whilst locked in her bedroom.

Click on the link below for more information:
www.independent.co.uk
www.bbc.co.uk
www.timesonline.co.uk

36 Bedford Row is not responsible for the content of external internet sites.

12/04/10

On Wednesday 7th April 2010, 6 defendants were sentenced by His Honour Judge Burgess sitting at Derby Crown Court, for various offences arising out of a police raid at Admiral's Yard, a self storage facility in Chesterfield. The police found large quantities of stolen goods, cigarettes, alcohol, drugs and some counterfeit money at the yard, in vehicles and at the home addresses of the defendants. It was discovered during the course of the operation that goods arrived at the yard often on the day they were stolen and were then sold on at markets and on eBay. The defendants were sentenced to a range of penalties based on their individual involvement. Felicity Gerry prosecuted on behalf of the Nottinghamshire complex crime unit. Applications for confiscation of assets have been adjourned until June.

09/04/10

36 Bedford Row welcomes new tenant

36 Bedford Row is delighted to announce that Hugo Norton-Taylor, previously of 1 Pump Court, has accepted an invitation to join chambers.

Hugo is an established practitioner in Public Law, with extensive experience in representing Appellants before what is now the Immigration and Asylum Chamber of the Tribunal service. He has particular expertise in dealing with asylum and deportation appeals as well as all types of immigration cases. Called to the Bar in 2000, he further strengthens our middle junior civil and public teams.

08/03/10

Felicity Gerry comments on Sky News, BBC Radio 5 Live and in The Independent on Saturday in relation to the recall of Jon Venables.

26/02/10

Silk Success at 36 Bedford Row

15/02/10

36 Bedford Row welcomes two new tenants

36 Bedford Row is delighted to announce that Jessica Franses and Geoffrey Sullivan, both formerly of 10 KBW, have accepted invitations to join chambers.

10/02/10

Matthew Lowe prosecutes in human trafficking case

08/02/10

Christopher Donnellan Q.C. prosecutes passenger in landmark death by dangerous driving case

In a landmark case, Christopher Donnellan Q.C. prosecuted a passenger for causing death by dangerous driving by not intervening when the driver was speeding at 113 mph in wet conditions while over the drink drive limit.

Please see the link below for more information: www.independent.co.uk

36 Bedford Row is not responsible for the content of external internet sites.

25/01/10

Felicity Gerry interviewed on BBC radio 5 Live and Sky News TV on Saturday in relation to the Edlington sentence.

Felicity Gerry, who specialises in serious criminal cases involving children, was invited by BBC radio 5 Live and Sky News TV to give her opinion on the sentence in Sheffield on Friday of 2 boys aged 11 and 12 for violent and sexual offences against boys of 9 and 11. Follow the link below to hear the radio broadcast:

www.bbc.co.uk/iplayer

36 Bedford Row is not responsible for the content of external sites

14/01/10

Sexual Offences Handbook book launch

11/01/10

Chambers announce the retirement of Brian Escott Cox QC

16/12/09

Philip Nathan in the Supreme court

The Supreme Court handed down Judgement on 16th December, overturning the Court of Appeal and Asylum and Immigration Tribunal, and ruling that individuals seeking to bring family members tp the UK from overseas are entitled to rely on the financial support of others, for example wealthy relatives. Philip Nathan acted for one of the Appellants, Sahro Ali: www.supremecourt.gov.uk

09/12/09

Mercy Akman in case of 'abandoned' sick child

For more information please click on the link: www.timesonline.co.uk

36 Bedford Row is not responsible for the content of external internet sites

01/12/09

Felicity Gerry prosecutes Operation Investor a large scale operation investigated by Lincolnshire Police together with the National Domestic Extremism Team which involved a series of offences against a Lincolnshire Farm designed to interfere with a contract with an animal research organisation

Lewis Pogson became the 4th defendant to be successfully prosecuted in cases arising from Operation Investor when he was convicted by a jury of Blackmail, Criminal Damage, Burglary and a SOCA offence at Lincoln Crown Court today. Felicity Gerry was congratulated by the police and CPS for her hard work and expertise

23/11/09

Andrzej Bojarski article published on the Family Law Week website

Andrzej Bojarski's article entitled 'The Perils of Self-Help Disclosure: Hildebrand Revisted' has been published on the Family Law Week website. The article reviews the legal position of a spouse who helps himself or herself to the other's documents and personal information for the purposes of the ancillary relief proceedings in the light of the recent decision of the Court of Appeal in White v Withers LLP.

The full text of the article can be found at this link: www.familylawweek.co.uk.

36 Bedford Row is not responsible for the content of external websites.

19/11/09

Congratulations to Hannah Markham on her appointment to the FLBA Committee

Congratulations to Hannah Markham on her succeeding Mr Justice Baker as a member of the FLBA Committee.

18/11/09

Amjad Malik prosecutes alleged murder of businessman with sexual preference for violence

Amjad Malik prosecutes an alleged murder of a businessman, beaten to death by sparring partner.

Click on the link for further details:
www.timesonline.co.uk

36 Bedford Row is not responsible for the content of external internet sites.

27/10/09

R v Carpenter & Others; Norwich Crown Court 9th October 2009

Four members of 36 Bedford Row defended two men said by the Crown to be part of a criminal gang involved in the large scale supply of cocaine in Cambridge and the use of a Czech manufactured version of an AK-47 in Fulbourne, Cambridgeshire.

Frances Oldham QC and Andrew Howarth represented one defendant who was acquitted of the main offence of possession of a firearm with intent to endanger life. He was convicted of lesser charges.

Amjad Malik and Jacqueline Matthews-Stroud represented another of the defendants who was acquitted of any involvement in the shooting.

20/10/09

Jonathon Rushton is the 2009 Historic Roadsports Champion

13/10/09

Rosa Dean prosecutes in alleged racial abuse case

Rosa Dean prosecutes Met Police Officers on trial over claims of racial abuse and assault involving London teenagers.

For more information, please click on the links below:
www.bbc.co.uk
www.telegraph.co.uk/news

12/10/09

Andrzej Bojarski addresses leading family lawyers.

On 9th October 2009 Andrzej Bojarski addressed a group of leading specialist ancillary relief solicitors from around the country at the Jordans Unlocking Matrimonial Assets on Divorce seminar in London. His talks included a detailed review of disclosure in ancillary relief, dealing with inherited assets and non-matrimonial property and asset protection in times of economic uncertainty. The day long seminar coincided with the publication of the second edition of Andrzej's book 'Unlocking Matrimonial Assets on Divorce' (available from Jordans Family Law and from legal bookshops).

30/09/09

Lynn Tayon QC and Jonathan Kirk in diminished responsibility case in the Court of Appeal

Lynn Tayton QC and Jonathan Kirk were involved in the case <b>R v Erskine and Williams</b>, about diminished responsibility, in the Court of Appeal in July. It is a leading case on the procedure to be followed in criminal appeals and particularly those cases that involve fresh evidence. The Court approved the practice of split hearings whereby evidence is taken on commission in advance of the hearing on legal issues. In the case of Williams evidence was heard from two consultant neuropsychiatrists and two clinical psychologists before Thomas LJ with a full court at a later date hearing submissions from counsel on the legal and factual issues.

For more information please see www.lawreports.co.uk

36 Bedford Row is not responsible for the content of external websites

25/09/09

HHJ Morrison appointed a permanent Judge at the International Criminal Tribunal for the former Yugoslavia.

Former member of chambers HHJ Howard Morrison CBE QC has been appointed a permanent Judge at the International Criminal Tribunal for the former Yugoslavia.

For more information, please see www.icty.org

36 Bedford Row is not responsible for the content of external websites.

07/09/09

Congratulations to David Ball and Emilie Pottle

36 Bedford Row are delighted to annouce that pupils David Ball and Emilie Pottle have been taken on as members of Chambers. Their tenancy will come into effect as of 1 October 2009.
Congratulations to both.

01/08/09

David Farrell QC and Jonathan Kirk prosecute in Operation Clawback

David Farrell and Jonathan Kirk prosecuted members of a 16-strong group convicted of money laundering.

Together with Operation Lucky, the investigations into Operation Clawback represent the largest and most successful money laundering prosecutions in the UK.

Click on the link to be directed to Operation Clawback Information Pack

For more information on this case, please click on the following links:
Leicester Mercury
Harborough Mail

36 Bedford Row is not responsible for the content of external internet sites.

20/07/09

Lynn Tayton QC and Jonathan Kirk prosecute in R v WILLIAMS (2009) [2009] EWCA Crim 1425

Court: CA (Crim Div) (Lord Judge LCJ, Thomas LJ, Treacy J) 14/7/2009

Subject: CRIMINAL EVIDENCE - CRIMINAL LAW - LEGAL METHODOLOGY

CELEX: DIMINISHED RESPONSIBILITY : FRESH EVIDENCE : MANSLAUGHTER : MURDER : PRECEDENT : ADMISSION OF FRESH EVIDENCE DEMONSTRATING ABNORMALITY OF MIND AT TIME OF KILLINGS : RELEVANT FACTORS FOR CONSIDERATION : SAFETY OF CONVICTIONS : s.23 CRIMINAL APPEAL ACT 1968 : s.2 HOMICIDE ACT 1957

Summary: The court set out the factors to be considered in determining whether to admit fresh evidence, under the Criminal Appeal Act 1968 s.23, concerning an appellant's mental condition at the time of killings and whether that evidence demonstrated that he had suffered from an abnormality of mind within the meaning of the Homicide Act 1957 s.2, thus rendering a conviction for murder unsafe and requiring its substitution by a conviction for manslaughter on the grounds of diminished responsibility. In two appeals, the appellants (E and W) appealed against their convictions of murder. Over 20 years ago, E had been convicted of seven counts of murder and one of attempted murder following a series of dreadful killings of elderly people in which E manually strangled them and, in a number of cases, subjected them to sexual assault. Around 10 years ago, W had pleaded guilty to the murder of a friend's father: in due course, his two co-accused were convicted of the same murder. E and W subsequently argued that their convictions should be quashed and substituted by convictions for manslaughter on the grounds of diminished responsibility. There was powerful evidence available at E's trial which would have supported that defence, but in W's there was none, and neither had advanced the defence at trial. It fell to be determined whether, in relation to each appeal, exercising the discretion provided by the Criminal Appeal Act 1968 s.23, as amended, it was necessary or expedient in the interests of justice to receive evidence which was not adduced at trial concerning E's and W's mental condition at the time of the killings and whether that evidence demonstrated that each had suffered from an abnormality of mind within the meaning of the Homicide Act 1957 s.2.

HELD: (1) The decision whether to admit fresh evidence was case and fact specific and dependent on the interests of justice. The fact that the issue to which the fresh evidence related was not raised at trial did not automatically preclude its reception, but unless a reasonable and persuasive explanation for the omission of issues at trial was offered, it was highly unlikely that the "interests of justice" test would be satisfied. Where it was proposed to raise diminished responsibility for the first time on appeal, the court had to examine the appellant's mental state at the time of the killing, in accordance with s.2 of the 1957 Act. The court would expect the parties to provide a detailed analysis of the facts to assist it in the application of the statutory test, including an analysis of: (i) the psychiatric or psychological evidence in relation to the appellant's mental state which was available at the time of trial; (ii) the evidence which had become available since trial, and an explanation why it was not available at trial; (iii) the reason why such evidence as was available at trial was not adduced or relied on at trial, including details of advice given and any evidence of mental condition in the period leading up to the trial and its impact on the appellant's decision-making capacity; (iv) the impact of the fresh evidence on the issues argued at trial and whether and the extent to which it involved a re-arguing of issues considered at trial; (v) the extent to which the opinions of the experts were agreed and where they were not. (2) In E's case, it was overwhelmingly clear that at the time of his trial, there was unequivocal contemporaneous evidence that his mental responsibility for his actions at the time of the killings was substantially impaired. In addition, there was contemporaneous evidence that as a result of his reduced mental acuity, as part and parcel of his illness, the decision not to advance the defence of diminshed responsibility was irremediably flawed. The interests required the court to admit fresh evidence, and having examined it, the convictions for murder were unsafe. Convictions of manslaughter on the grounds of diminished responsibility were substituted, and E's sentence for life imprisonment for murder was substituted by a hospital order, in the interests of public safety, for an indefinite period. (3) In W's case, the possible defence of diminished responsibility had been closely examined before he chose to plead guilty to murder, and that plea was a deliberate and properly informed decision. The material which emerged since trial was unconvincing, particularly in relation to any mental impairement, and justice required that the convictions returned on the basis of W's own guilty plea should be upheld. (4) Per curiam. The growing practice of lengthy citation of authority could no longer be justified. In both conviction and sentencing appeals, advocates had to expect to be required to justify the citation of each authority relied on or included in the bundle. Authorities should only be copied for the use of the court if they did in fact identify or represent a principle or the development of a principle. Reference should not be made to authorities which did not more than either illustrate the prinicple or restate it. Detailed rules were set out in the Consolidated Criminal Practice Direction para. II.17 and II.19.

First appeal allowed, second appeal dismissed Appearances: Counsel: For the appellant Erskine: Edward Fitzgerald QC, Paul Taylor For the Crown in Erskine: Mark Ellison QC, Zoe Johnson For the appellant Williams: Alun Jones QC, Andrea Brown For the Crown in Williams: Lynn Tayton QC, J Kirk

References: LTL 14/7/2009 (Unreported elsewhere)

Judgement: Approved - 34 pages

Document No. AC0121549

17/07/09

Visit the Exhibition Space at 36 Bedford Row

<B><I>Three Tall Men</I></B>
An exhibition in three chapters, slipping questions into the working and meeting spaces of 36 Bedford Row. Each chapter introduces new work from an emerging artist.

<B>Chris Aldgate</B>

The final exhibition in the series features work by Chris Aldgate.

Developed in tandem and seemingly aesthetically unrelated, two series of work are presented which offer aspects of conversation, of the construction of narrative described through language and image. One reflects upon the nature of a past artist's work and life being described through the hyperbolic language of modernism. The other speaks of the emotional positioning and characterisation inherent in the theatre of narrative.

<B>29 January - 29 April 2009</B>
36 Bedford Row welcomes you to view the exhibition, Thursdays and Fridays, 2-6pm.

<B>Private View, Friday 23 January, 6-9pm</B>
You are warmly invited to attend the Private View. Please RSVP to Rebecca Lawson, rebecca@36bedfordrow.co.uk

14/07/09

Richard O'Dair instructed by EHRC on behalf of Leslie Seldon in Court of Appeal challenge to legality of compulsory retirement.

Richard O'Dair is instructed with Robin Allen QC by the Commission for Equality and Human Rights in the case of Seldon v CWJ which was heard by the Court of Appeal on Monday 16th July. Richard acts for Mr Leslie Seldon who argues that he was the victim of unjustifiable age discrimination when forced to retire from his partnership because he had reached the age of 65. The Court is to consider many fundemental issues of age discrimination law such as what kinds of aims are sufficiently public to count as legitimate aims under Article 6 of the Framework Directive and whether and at what age it can be said that declining performance justifies compulsory retiremement.

The Court adjourned the Appeal on 16th July to allow he High Court to hear the judicial review application brought against the government by Age Concern ("the Heyday Challenge"). It is anticipated that the resumed hearing of Mr Seldon's appeal will be conjoined with the (likely) appeal to the Court of Appeal in the Heyday claim

FOr more information, please click on the following links:
Timesonline

06/07/09

Felicity Gerry speaking at Criminal Law Conference at Manchester United FC

22/06/09

36 Bedford Row host Charity Boat Party on the Thames

29/05/09

Richard Wilson QC and Philip Nathan successfully challenge a decision of the Administrative Court

13/05/09

36 Bedford Row announces 5 new Recorders on the Midland Circuit

36 Bedford Row is delighted to announce that the following members of chambers have been appointed as Recorders on the Midland Circuit:

Lynn Tayton QC
Ben Gumpert
Adrienne Lucking
Rosa Dean
Steve Evans

06/05/09

Michael Fowler appointed to the Circuit Bench

36 Bedford Row are delighted to announce that Michael Fowler has been appointed to the Circuit bench, sitting in Northampton, Derby and Leicester from 3rd June. Mike has been a member of Chambers for 33 years and has made significant contributions through serving on many committees over the years. We wish him well in his new career.

14/04/09

Frances Oldham QC appears in R v DEREK SYMMONS where the Court of Appeal held that there was no basis for a finding that an offender facing trial for the murder of his wife had been unfit to give evidence. Further, the trial judge had correctly directed the jury in relation to the defence of provocation.

The appellant (S) appealed against his conviction of murder. S had admitted killing his wife (V) at their home. Whilst in prison, prior to trial, S was prescribed Prozac, which a few days before trial he stopped taking without informing his legal representatives. An application was made to adjourn the trial on the basis that S had been suffering severe headaches and was not completely fit. The judge refused to adjourn the hearing and S subsequently gave an endorsement that he was willing to give evidence. At the trial he raised a defence of provocation. He gave evidence that V had taunted him about his mother and his impotence and that on the day of the killing she had threatened to tell his friends of his impotence. S gave evidence that V had attacked him, grabbing him by the throat and kneeing him in the groin. The prosecution case was that S was the aggressor; they relied on the fact that he was virtually unscathed by the incident whereas V had suffered a violent death with multiple violent blows dealt to her body whilst she was still alive. S contended that (1) he had been forced to give evidence when he was unfit to do so and he was not able to participate effectively in the proceedings; (2) the judge had not directed the jury that, in determining whether he had lost his self-control, they should have regard to the gravity of the provocation.

HELD: (1) There was no basis for a finding that S was unfit to give evidence. Whilst some judges might have adjourned the proceedings, the trial judge in the instant case was of the opinion that S would benefit from making a start on giving evidence. That was a reasonable judgment to make despite the strong submission made that the trial should have been adjourned. The judge was aware of the concerns about S's fitness to give evidence. The medical evidence supported the view that there was no reliable evidence that S was suffering from withdrawal symptoms from Prozac nor any reliable evidence that he was suffering from depression. S's low mood at times during his cross-examination was readily explicable by the fact that he must have understood that he had not performed well under highly damaging cross-examination. (2) There was no substance in the criticism of the judge's direction on provocation. The judge reminded the jury that S's case was that the provocation was a combination of V's taunting him that he was like his mother and her deriding his sexual prowess. The jury could have been in no doubt that, in deciding whether he lost his self-control, they had to have regard to the gravity of the provocation.

Appeal dismissed
Counsel:
For the appellant: Edward Fitzgerald QC, Paul Taylor
For the respondent: Frances Oldham QC

Solicitors:
For the appellant: Birds
For the respondent: CPS

01/03/09

EAT decides compulsory retirement at 65 must be justified by evidence.

In a decision handed down in December, the EAT held that an employment tribunal had erred in law in deciding that compulsory retirement of professional service firms at the age of 65 was justifed because of a likely decline in performance thereafter. The EAT held that there was no evidence in this case that partners performance declined in this way and that the Tribunal assumption that it would was itself an example of the sort of discriminatory thinking which the legislation sort to prevent. Thus partnerships will in future have to present evidence of an age at which performance is likely to decline if they wish justify compulsory retirement on this ground.

The EAT held that creating space for associates might justify compulsory retirement but remitted the case to ET to decided whether it did so in this case.

Richard O'Dair appeared for the Appellant in Seldon v. CJW.

01/02/09

Rebecca Crane appointed as Deputy District Judge sitting on South Eastern Circuit.

36 Bedford Row are pleased to announce that Rebecca Crane has been appointed as Deputy District Judge sitting on the South Eastern Circuit.

Rebecca was called in 1998, she is a junior practitioner who specialises in criminal law.

26/01/09

Felicity Gerry prosecutes an ex-headmaster for indecent assaults on young girls during the late 80s and early 90s.

For more information, please click on the following link: www.thisislincolnshire.co.uk

36 Bedford Row is not responsible for the content of external internet sites.

23/01/09

Kate Grieve prosecutes Tesco store manager who flashed an under cover police officer.

For more information on this case, please click here

23/01/09

Frances Oldham QC appears in the Shannon Matthews case

Please click on the links below for more information on this case:

BBC News
Independent
Times Online

36 Bedford Row is not responsible for the content of external internet sites.

16/01/09

Declan O'Callaghan writes the foreward to a new publication, 'Prison Law <I>A practical guide</I>'

Click here for a link to 'Prison Law <I>A practical guide</I>' by Margaret Obi, published by the Law Society.

16/12/08

Lynn Tayton QC prosecutes husband accused of strangling wife.

Lynn Tayton QC prosecuted a man accused of murdering his wife after fearing she was going to abort their baby.

For more information on this case, please click here

36 Bedford Row is not responsible for the content of external internet sites.

01/12/08

David Farrell QC prosecutes alleged terrorism in Grimsby

Please click below for more information:

www.thisisgrimsby.co.uk
BBC news

36 Bedford Row is not responsible for the content of external internet sites.

01/12/08

Lynn Tayton QC and Professor Gary Slapper contribute to the BBC programme

24/11/08

The Agriculture and Environment Group at 36 Bedford Row announce their continued support for FWAG (Farming and Wildlife Advisory Group) in 2009 and congratulate AJ Lobb and Sons on winning the FWAG Silver Lapwing Award for their outstanding contribution to farming and conservation.

The Silver Lapwing Award was presented by Valentine Warner, presenter of the BBC 2 cookery programme "What to eat now", at a ceremony hosted by Richard Benyon MP in the Members Dining Room at the House of Commons on Thursday 20th November. The Silver Lapwing Award is presented to the farm that is judged to have done most to encourage conservation and demonstrate a track record of environmental best practice.

Members of the 36 Bedford Row Agriculture and Environment Group will be presenting a series of short seminars at the FWAG Stand at the CLA Game Fair 2009 to be held at Belvoir Castle, Friday 24th - Sunday 26th July.

For more information, please click on the links below:
FWAG
Game Fair 2009

36 Bedford Row is not responsible for the content of external internet sites.

21/11/08

Gillian Temple-Bone appeals to Criminal Injuries Compensation Authority Tribunal

20/11/08

The case of Ukachukwu v. Centrewest London Buses Ltd, heard in the Court of Appeal, concerned the question of whether, following an allegation of racial abuse made by one employee against another, it is lawful to suspend both the accused and the alleged victim while the matter is investigated. The Court of Appeal held that it was lawful.

Judgment from the EAT is pending in the case of Seldon v. CJW, which concerns that lawfulness of mandatory retirement of partners in professional service firms. Leave to appeal to the Court of Appeal has already been given.

18/11/08

Adrienne Lucking prosecutes a rape where the complainant was asleep.

The Defendant in R v Brzost was found guilty of rape after a trial before His Honour Judge Brunning QC sitting as a Deputy Circuit Judge at Lincoln Crown Court on Friday the 14th of November 2008. He was sentenced to 5 years imprisonment.

18/11/08

Felicity Gerry defends a 14 year old boy with a mental age of 7 in relation to sexual allegations.

In R v P at Leicester Crown Court last week a jury were not satisfied that the boy committed the acts alleged to have taken place at a residential home for children with learning difficulties. The Defendant was not fit to plead and, due to his difficulties, was permitted to be absent from Court.

14/11/08

Members of chambers contribute to CPDcast.com

To listen to their podcasts and gain CPD points please click the links below for further details.

<img src="images/58img_path.jpg" border="0">

Benjamin Gumpert
International Criminal Tribunal for Tanzania

Felicity Gerry:
Vulnerable Defendants
Sexual Offences - Evidence of Sexual Propensity
Disclosure in Family and Criminal Cases
Intoxicated Defendants and Complainants in Rape Cases

Richard O'Dair:
Compulsory retirement and age discrimination

Compulsory retirement and age discrimination

07/11/08

36 Bedford Row announce dedicated Corporate Manslaughter team

03/11/08

36 Bedford Row welcomes new tenant and pupils

Members of 36 Bedford Row are delighted to announce the appointment of our new tenant, Kate Grieve.
Kate was called to the bar in 2006 and successfully completed her pupillage with us in October, 2008.

Click here to view Kate Grieve's profile.

Congratulations also to David Ball and Emilie Pottle, who began their pupillages with chambers in October, 2008.

30/10/08

Members take part in Stroke for Stroke charity fundraiser

30/10/08

Visit the 'Exhibition Space at 36 Bedford Row'

In the second exhibition in our first programme of work <i>Three Tall Men</I>, artist Darren Marshall presents new, striking work with a theme of protest.

Our new 'Exhibition Space at 36 Bedford Row' provides a space for exibition and thought featuring the work of unrepresented artists from London and the Midlands.

In October, 36 Bedford Row played host to the best of the contemporary art scene who came together to support their friend and colleague. The works will hang for public view until 16 January 2009, followed by the opening of an exhibition by our third formidable and attractive artist Chris Aldgate, on 23 January 2009.

23/10/08

36 Bedford Row is taking part in Stroke for Stroke charity fundraiser.

36 Bedford Row is taking part in the Stroke for Stroke 50km row on Wednesday 29th October 2008 to raise money for The Stroke Association.

The challenge is taking place in Bedford Row, and the allotted rowing times are ranging from 15 minutes to a very impressive 90 minutes! Members of Chambers and staff will be competing against other local Chambers in an attempt to row the furthest distance on 2 rowing machines in 3 hours.

You can find out more information about The Stroke Association by clicking here. Chambers would be very grateful for any sponsorship you feel able to pledge. You can donate quickly and easily online by credit or debit card at the following address:

http://www.justgiving.com/36bedfordrow

All donations are secure and sent electronically to The Stroke Association. If you are a UK taxpayer, Justgiving will add an automatic 28% bonus to your donation at no cost to you.

Please join us in supporting this fabulous cause!

20/10/08

William Harbage QC prosecutes Cannabis Murderer

Please click on the link below for further information.

BBC news coverage 16/10/2008

36 Bedford Row is not responsible for the content of external sites.

07/10/08

Curator and theorist, Lisa Le Fevre, hosts a successful evening at the Exhibition Space in 36 Bedford Row where the contemporary art world coincided with the Bar to celebrate the inspired work of Darren Marshall.<BR>

In the second exhibition in our first programme of work <i>Three Tall Men</I>, Darren Marshall presented new, striking work with a theme of protest.

Our new 'Exhibition Space at 36 Bedford Row' provides a space for exibition and thought featuring the work of unrepresented artists from London and the Midlands.

36 Bedford Row played host to the best of the contemporary art scene who came together to support their friend and colleague. The works will hang for public view until 16 January 2009, followed by the opening of an exhibition by our third formidable and attractive artist Chris Aldgate, on 23 January 2009.

05/10/08

Felicity Gerry speaking at the National Deafness Conference

30/09/08

Mark O'Connor is acting as counsel for three of the claimants in the landmark gurkha settlement cases

Please click on the link below for further information:

BBC news coverage 30/09/08

36 Bedford Row is not responsible for the content of external sites.

25/09/08

Andrzej Bojarski presenting seminar on ancillary relief

Andrzej Bojarski will be presenting a seminar on ancillary relief to the Milton Keynes Regional Group of Resolution on Monday 13th October 2008 at the offices of Gorvins Solicitors in Milton Keynes. The topics will be Case Building and Trusts and Offshore Assets.

For more details and to book to attend this event please contact Andrzej Bojarski or Lorraine Davenport.

18/09/08

Visit the Exhibition Space at 36 Bedford Row

<B>Three Tall Men</B>
An exhibition in three chapters, slipping questions into the working and meeting spaces of 36 Bedford Row. Each chapter introduces new work from an emerging artist.

<B>Darren Marshall</B>
9 October 2008 - 16 January 2009
Thursdays and Fridays 2-6pm

In this, the second exhibition in the series <i>Three Tall Men</i>, Darren Marshall explores the subtleties of visual language. His paintings depict the frontlines of activisim: of slogans; of drama; and of demonstrations.

<i>Darren Marshall lives and works in London. He studied at the Glasgow School of Art and Chelsea College of Art.
He has exhibited widely in the UK and abroad, and in 2002/3 was the Abbey Scholar in Painting at The British School in Rome.</i>

27/08/08

Kathryn Howarth takes up a position as a consultant for the prosecution team in the case against Charles Taylor in the Hague.

Kathryn Howarth takes up a position as a consultant for the prosecution team in the case against Charles Taylor. The trial is taking place at the Special Court for Sierra Leone, which for the purposes of the trial against Charles Taylor is sitting in court room 2 of the International Criminal Court in the Hague. Charles Taylor is the former head of state of Liberia. He is charged with war crimes and crimes against humanity in relation to the conflict in Sierra Leone. Kathryn was the recipient of a prestigious Pegasus Scholarship awarded by the Inner Temple which enabled her to spend tweleve weeks working for the prosecution. She will continue working for the prosecution on the case against Charles Taylor as a consultant.

14/08/08

01/08/08

Test for CPD logo

Yvonne: here's the code for a log that links to the site:<br><br> <img src="images/58img_path.jpg" border="0"> <br><br> of course you can put in a text link too in the usual way if you want

30/07/08

Chambers is delighted to announce Onya Momoh as the winner of the 2008 36 Bedford Row prize.

22/07/08

International Criminal Law Review publishes papers by 5 members of chambers covering issues ranging from the Defence of the Khmer Rouge to the trial of Saddam Hussein

Following the success of the International Law seminar presented by Stuart Alford, Felicity Gerry, Declan O'Callaghan, Jonathan Kirk, Rupert Skilbeck, Daniel Leader and Kathryn Howarth, in association with Caroline Fournet of Exeter University in October 2007 together with HHJ Howard Morrison QC CBE and Judge Adel Maged, the International Criminal Law Review has published their prestigious and thought provoking papers in the latest journal.

To order your copy, please click on the link International Criminal Law Review

11/07/08

Chambers are delighted to welcome Nirmal Shant QC (of 1 High Pavement, Nottingham) as a door tenant of chambers.

Nirmal was called to the Bar in 1984 and took silk in 2006. Nirmal is a busy criminal practitioner who is regularly instructed in high profile cases

25/06/08

Visit the Exhibition Space at 36 Bedford Row

In the first of 3 exhibitions designed to show off the newly refurbished premises at 36 Bedford Row and to provide a space for the showing of young contemporary art, chambers played host to the best of the contemporary art scene who came together to support their friend and colleague James Robert Porter. The artist is a tall young man who has created expressive images using pen and pastel on newsprint paper purposely created with the Exhibition Space at 36 Bedford Row in mind. The works will hang for public view until 26th September 2008 followed by the opening of an exhibition by our second formidable and attractive artist Darren Marshall on 3rd October 2008.

13/06/08

Rosa Dean prosecutes antiques collector for trading in sperm whale teeth and hippo ivory and for possessing elephant ivory.

Rosa Dean prosecutes antiques collector for trading in sperm whale teeth and hippo ivory and for possessing elephant ivory. Metropolitan Police Wildlife Officers given commendations by HHJ Gledhill QC at Southwark Crown Court for their important work and public warned to expect custody for participating in the endangerment of species.

06/06/08

Felicity Gerry prosecuted Mother who left her 2 year old son home alone

Felicity Gerry prosecuted a Mother who was found guilty of charges of Child Cruelty and Perverting the Course of Justice at Lincoln Crown Court this week. Kelly Tollerton neglected her 2 year old son by failing to keep him or their home clean and failing to provide him with emotional stimulation for a 6 month period which culminated in her leaving him penned into the kitchen of their flat for a whole weekend whilst she went out with friends. When the boy was discovered he was filthy and distressed, their home was filthy and Miss Tollerton was absent. Once found she lied to the police and asked a friend to help her lie to falsely blame another. Evidence of misconduct by previous neglect of the child was admitted in evidence to support the allegations and the jury were directed to consider cross admissibility of the counts on the indictment. The case attracted international press interest. The Defendant will be sentenced on the 27th of June 2008

25/04/08

Felicity Gerry prosecutes parental cruelty over a 4 week period by wilful assault and neglect of a 10 week old baby

Felicity Gerry prosecuted R v Adam Nind and Katrina Hewitt at Lincoln Crown Court on Monday 21st April 2008. The following report is taken from the Lincolnshire Echo:

<B>"DAD JAILED FOR HORRIFIC ATTACKS ON OWN BABY</B>

A man who shook and bit his baby daughter has been jailed indefinitely.

Adam Nind (22) admitted causing a catalogue of injuries to his 10-week-old daughter at Lincoln Crown Court yesterday.

The baby was taken to hospital with bite marks on her body, eight broken ribs, an arm broken in two places, leg fractures, facial bruising and a laceration to her perineum.

His ex-partner Katrina Hewitt (20) admitted failing to seek medical help for their daughter, who had been assaulted by Nind at least twice during the first 10 weeks of her life and would have been in "severe pain" according to medical experts.

The baby, who cannot be named for legal reasons, was found at the couple's former home in Park Lane, Burton Waters, near Lincoln, by ambulance crews in March 2006.

In hospital, the couple said that the baby had broken her arm accidentally while being changed, but they later admitted child cruelty".

An odontologist matched the bite marks to Nind's teeth and medical experts diagnosed non accidental injuries by twisting pulling and shaking.

Nind pleaded guilty to six counts of child cruelty by causing the injuries, and Hewitt pleaded guilty to one count of child cruelty by failing to seek medical attention.

Nind was sentenced to imprisonment for public protection with a notional determinate period of 4 years Hewitt was sentenced to detention in a Young Offender's institution for 12-months.

06/03/08

Stuart Alford advising in Kenya

05/03/08

Declan O'Callaghan in successful challenge to a deportation decision made four years after the Appellant's release from prison.

Following the foreign prisoners scandal in the summer of 2006 and the resignation of Charles Clarke as Secretary of State for the Home Department, the Home Office sought to remove as many foreign national prisoners as possible at the expiry of their criminal sentences. However, the Home Office acted with zeal in detaining and seeking to deport many foreign nationals who had already been released from prison and had since been law-abiding.

In Yousef v Secretary of State for the Home Department, the Appellant had been released from prison some four years earlier and had found employment. He attended a police station to report being a victim of a mugging and found himself detained and soon after was served with a notice of deportation. At his original deportation hearing before the Asylum and Immigration Tribunal, greater emphasis was placed upon his criminal record than upon his actions post-release. The Court of Appeal held that this had resulted in an inadequate balancing exercise. Though the Secretary of State sought to argue that the Tribunal's approach was correct, the Court of Appeal that the Tribunal had erred in law in failing to adequately address Mr Yousef's lack of offending over a four-year period as well as his employment. Such factors were to be part of the balancing exercise.

This decision confirms that the efforts of the Secretary of State to limit the Tribunal's focus to the criminal conviction and sentence is erroneous and many foreign nationals who were released and subsequently caught up in the wave of Home Office activity in the summer of 2006 can seek to rely upon their subsequent good behaviour when appealing against a notice of deportation.

26/02/08

David Farrell QC successfully prosecutes Terrorist Camp recruiters

22/01/08

Congratulations to Christopher Donnellan who takes Silk

36 Bedford Row are pleased to announce that Christopher Donnellan has been appointed QC.

Christopher was called in 1981, he is a senior practitioner who specialises in criminal law.

20/01/08

Congratulations to Rebecca Crane who has been appointed as the Independent Legal Advisor to the CPS Northamptonshire Hate Crime Scrutiny Panel

Rebecca Crane has been appointed as the Independent Legal Advisor to the CPS Northamptonshire Hate Crime Scrutiny Panel. The Panel is a new initiative by the CPS aimed at reducing unsuccessful outcomes in hate crime cases and increasing the confidence of the community in the Crown Prosecution Service. The Panel is an independent body made up of unpaid experts from the voluntary and statutory sectors which will meet four times a year. As the Independent Lawyer, Rebecca Crane will present cases to the Panel to ensure members understand the relevant legal points and assist the Panel in recommending how the handling of cases could have been improved and identifying examples of good practice.

18/01/08

Steven Evans joins the Criminal team

07/01/08

District Judge Simon Bull's appointment

07/12/07

His Honour Judge Martin Beddoe's appointment to the Circuit Bench

06/12/07

36 Bedford Row invited to participate in workshop considering implementation of specialist domestic violence court

Catarina Sjolin attended the workshop run by Standing Together Against Domestic Violence which looked at how to implement the plan for a specialist domestic violence court for Leicestershire."

20/11/07

Declan O'Callaghan successfully represents a child victim of sexual assault on behalf of the Bar Pro Bono Unit

Declan O'Callaghan successfully represented a child victim of sexual assault before the Criminal Injuries Compensation Appeals Panel. Having been approached to represent the child by the Bar Pro Bono Unit, which recognised the need for sensitivity in representation as the child would have to recount the events surrounding the assault, Declan succeeded in establishing that the child was a victim of a violent crime despite the fact that the assailant was never caught. The child was awarded damages.

07/11/07

Richard O'Dair and Victoria Lorne successfully defend Probation Service against Whistle-Blowing Allegations

Richard O'Dair and Victoria Lorne have successfully defended Houlihan v. Esseex Probation in the Stratford Employment Tribunal against wide ranging and serious allegations relating to the dismissal of the Claimant Mr Terrence Houlihan. Mr Houlihan alleged that he had been dismissed and subjected to numerous detriments because he had made various complaints ("protected disclosures") about the way in which the employers delivered an important and politically sensitive public service. After a 10 day trial, Mr Houlihan's complaints were unanimously dismissed by the Stratford Employment Tribunal which found he had been dismissed because he had failed his probation. His appeal to the EAT was dismissed as raising no arguable point of law.

06/11/07

Adrienne Lucking joins the Criminal team

30/10/07

Felicity Gerry's article on underage sex published in a book of essential articles for schools

An abridged version of Felicity Gerry's article entitled "Underage Sex or Rape?" which originally appeared in Counsel Magazine in November 2006 has been included in Volume 10 of "Essential Articles" a copiable cross-curricular resource publication of compelling, topical and sensitive articles for schools produced as part of a series by Carel Press.

For more information please click. carelpress

19/10/07

36 Bedford Row's International Law Seminar

The seminar heard His Honour Judge Morrison QC CBE urge that it is "essential that all efforts are made to have any court or tribunal function as fair as possible". Rupert Skilbeck, Head of Defence Support Section at the Extraordinary Chamber of the Court of Cambodia, speaking on a live link from Phnom Penh echoed these sentiments by saying that there are "significant challenges" to the trial process at the ECCC and the "Defence Support Section is designed to ensure that the trials there are fair". Other speakers throughout the day include Ben Gumpert Defence Counsel in a genocide trial speaking live from Arusha and Judge Adel Ibrahim Maged giving Arab perspectives on the current system of International Criminal Justice.

The papers presented in today's seminar will be published in a special edition of the International Criminal Law Review in February 2008.

12/10/07

Felicity Gerry overturns acquittal of serial paedophile

Felicity Gerry prosecuted R v Newton at Leicester Crown Court today when the Defendant received an IPP sentence for sexually assaulting a 10 year old boy having been convicted at retrial. In the original trial the Defendant's previous convictions for similar offences were excluded and the trial was terminated. Felicity successfully appealed that decision. At the retrial the previous convictions were admitted.

11/10/07

David Farrell QC leads in high profile terror trial, incitement to murder

<B>Terror trial: man admits inciting murder</B>

A man has admitted encouraging others to commit murder in connection with an alleged plot to set up terrorist training camps in the UK.

Atilla Ahmet pleaded guilty at the Old Bailey to three counts of soliciting murder, it has been reported after restrictions were lifted.

Mohammed Hamid is accused of organising camps attended by the July 21 bombers.

The news came as five men linked to Ahmet went on trial at Woolwich Crown Court for a number of terrorist offences.

One of the men, Mohammed Hamid, is accused of organising camps attended by the July 21 bombers, the court was told.

The prosecution claim Hamid was involved in the radicalisation of Muslim youths for two years, from 2004 onwards. David Farrell, prosecuting, said Hamid was arrested at a stall in Oxford Street, central London, in October 2004.

Also arrested was Muktar Said Ibrahim, the ringleader of the failed July 21 plot, he said.

Mr Farrell QC said: "Hamid told the police that his name was 'Osama bin London' and on the way to the police station he said to a police officer 'I've got a bomb and I'm going to blow you all up'."

Hamid, 50, of Clapton, east London, Mousa Brown, 41, of Walthamstow, east London, Kibley da Costa, 24, of West Norwood, south east London, Mohammed Al-Figari, 42, of Tottenham, north London, and Kader Ahmed, 20, of Plaistow, east London, all deny a number of terrorism charges.

24/09/07

Felicity Gerry overturns an IPP sentence

The following report appeared in the Leicester Mercury.

<B>SEX-PEST CHIPPY OWNER WINS HIGH COURT APPEAL </B>

10:30 - 31 August 2007

"A fish and chip shop owner who indecently assaulted teenage staff has had his indefinite prison sentence quashed.

Instead, George Sofroniou will serve two years in prison after the Court of Appeal learned he was in poor health and would no longer run a chip shop.

The court heard the 70-year-old, a former brothel manager, was a "sexual predator" who flashed at a 16-year-old girl working at George's chip shop, in Marlborough Square, Coalville.

He also indecently assaulted the girl and pinched another 18-year-old girl on her bottom.

He was convicted of two counts of sexual assault and was sentenced to an indefinite jail term with a minimum term of 18 months.

Sofroniou, of St Benedict Close, West Bromwich, appealed. His lawyers argued the sentence was "manifestly excessive" given his age and poor health.

Mr Justice Wilkie also noted that Sofroniou no longer intended to run the fish and chip shop, which had given him the opportunity to prey on his victims.

As such, the judge said, it was unfair of the sentencing judge to conclude that Sofroniou posed a significant risk to the public. "

Mr Sofroniou had been acquitted at trial of a number of other allegations.

19/09/07

22/08/07

Congratulations to Lynn Tayton QC

Congratulations to Lynn Tayton QC who will be taking up position of Chair of the Herts and Bed Bar Mess in September when Andrew Bright QC steps down.

09/08/07

Richard O'Dair successfully defended Essex Probation

Richard O'Dair successfully defended the Respondent against wide ranging and serious allegations. Mr Houlahan alleged that he had been dismissed and subjected to numerous detriments because he had made various complaints ("protected disclosures") about the way in which employers delivered an important and politically senstive public service. Mr Houlahan's complaints were unanimously dismissed by the Stratford Employment Tribunal.

09/08/07

We are happy to announce we have moved back into 36 Bedford Row

Our premises have been modernised and are now a versatile working environment for barristers, staff, and clients alike. We are able to offer you improved conference facilities and dedicated seminar rooms. Our personnel have benefited from a new open-plan administrative centre with a contemporary glass atrium.

We would like to thank you for your patience with us whilst at MWB Business Exchange, and apologise if you experienced any problems with their telephone service. Your patience has been appreciated.

We have taken an opportunity to upgrade our telephone system, which you will find of great benefit when you are contacting chambers. Our new receptionist Nastaran will be only too happy to assist with any queries you may have and to direct you to the relevant individual.

We move in on 13th August and look forward to welcoming you to our renovated premises after this date.

03/08/07

Brazilian Bonanza at the Bailey

Frances Oldham QC secured the acquittal of Rosalene Driza on charges of blackmailing two judges. At the trial in September 2006 Miss Driza was convicted of blackmail of a female judge and the theft of two sex videos. After the trial and as a result of the extensive publicity surrounding the case a considerable body of new information emerged. They were able to corroborate a number of matters asserted by the Defendant but denied by Judge J in a vigorous cross examination. On the basis of that and other information an appeal was launched immediately. The Court of Appeal quashed the convictions and ordered a retrial. Last week the CPS offered no evidence on the grounds that neither Judge was medically fit to participate in a further trial. Miss Driza was overjoyed at the result .

31/07/07

Mark O'Connor acts in Gurkha cases

Mark O'Connor is currently acting as counsel in the lead cases involving the attempt by former members of the Brigade of Ghurkas of the British Army to obtain settlement in the United Kingdom.

31/07/07

36 Bedford Row would like to congratulate Mark O'Conner on his recent appointment

Chambers would like to congratulate Mark O'Conner on his recent appointment as a part-time Fee paid Immigration Judge.

26/07/07

Andrzej Bojarski acts in High Court case

19/07/07

36 Bedford Row Staff & Members successfully completed the City of London 5k run

36 Bedford Row Staff & Members completed the City of London charity run on July 19th. The 5km course was located around the roads of the City taking in the Old Bailey, Bank of England and St Pauls Cathedral.

09/07/07

Case Update - Construction Law Contract

03/07/07

Jonathon Rushton joins the Civil Team

Called to the Bar in 1997, he further strengthens our middle junior civil team

26/06/07

Felicity Gerry prosecutes a sexual assault on an employee in a psychiatric unit

15/06/07

Frances Oldham QC successfully resists an appeal against conviction in a multihanded murder

In an appeal hearing lasting over 2 days, Frances Oldham QC successfully argued that the direction to a St Albans jury in R v Silcock and others (a multihanded murder) were appropriate on the issue of causation where the jury's task was to decide when, in a series of events, the fatal blow was inflicted. The conviction was upheld. Leave, put of time, was given in relation to a separate issue relating to the Defendant's. capacity. This is due to be heard at a later date

10/05/07

10/05/07

Stuart Alford trains Iraqi judges

Stuart Alford recently returned from Dubai having completed the seventh in a series of training programmes for Iraqi judges and prosecutors. Stuart organised and chaired the programme on behalf of the International Bar Association, with funding from the Swedish government. The training provides an introduction to international criminal law, using experts from Sweden, Germany, the Netherlands, Egypt, Morocco, Samoa, Lesotho, Poland, France, the US and UK. During the last three years, the programme has been attended by over 300 judges and prosecutors from all regions of Iraq. There will be further training in the Middle East in June, and it is hoped that the project will continue with the grant of further funding in the future.

14/04/07

MOVING OUT

We will be able to offer you improved conference and seminar facilities and our clerks will benefit from a new open-plan clerks room with a central glass atrium roof bringing natural light flooding into Chambers.

Meanwhile we have diverts on both the mail and phones so your post and calls will be seamlessly forwarded to our temporary accommodation with effect from Monday 16th April. Our DX number also remains the same so you can be assured that your communications will reach us.

Unfortunately we have not been able to divert our fax lines so please be advised of the new numbers to take effect from Monday 16th April 2007:

Clerks fax number: 0845 366 6001 Fees fax number: 0845 366 6002

Should you have cause to attend for conferences we have conference facilities at the serviced offices and the clerks will be happy to make arrangements for you as required. The offices are located at:

MWB Business Exchange
88 Kingsway
London
WC2 6AA
The offices are located directly above Holborn station so we are very easily accessible by the Central or Piccadilly lines.

We look forward to welcoming you to our renovated premises in August and will let you know the precise date of return later in the Summer.

11/04/07

David Altaras wins judicial review on behalf of Heath and Hampstead Society

Describing it as the most important event in its history since its foundation in 1896, the Society is celebrating its victory over the London Borough of Camden, when Sullivan J quashed a planning permission granted by Camden to erect a replacement house on Metropolitan Open Land fringing Hampstead Heath. The proposed replacement was three or four times larger that the original house. The Judge said that in considering whether a replacement building on Metropolitan Open Land was appropriate or inappropriate development the key issue to be determined was whether the proposed structure was "materially larger" than the extant building and that Camden had erred in concluding that because the proposed new building was not visible, it was appropriate development. For the full judgment see:

www.lawtel.com/~a2fb14c24383402fadb0e0b5a3179d71~/content/display.asp?ID=AC9501479&HL=Y&BK=Y&ResultID=12796112

09/03/07

Lynn Tayton QC and Christopher Donnellan assist with Metropolitan Police Training Mock Trial

09/03/07

Rex Tedd QC, defends a Whitehall employee accused of breaching the Official Secrets Act

The following extract appears on the Lawtel website : www.lawtel.com

<B>R v KEOGH (2007)</B>
[2007] EWCA Crim 528

CA (Crim Div) (Lord Phillips LCJ, Sir Igor Judge (President QB), David Clarke J) 7/3/2007
<B>CRIMINAL EVIDENCE - HUMAN RIGHTS</B> BURDEN OF PROOF : PRESUMPTION OF INNOCENCE : REVERSE BURDEN : SECTION 2(3) AND 3(4) OFFICIAL SECRETS ACT 1989 INCOMPATIBLE WITH ART.6 EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 : LEGAL BURDEN : s.2 OFFICIAL SECRETS ACT 1989 : s.3 OFFICIAL SECRETS ACT 1989 : Art.6 EUROPEAN CONVENTION ON HUMAN RIGHTS : s.2(3) OFFICIAL SECRETS ACT 1989 : s.3(4) OFFICIAL SECRETS ACT 1989 : s.118 TERRORISM ACT 2000

The reverse burden of proof contained in the Official Secrets Act 1989 s.2(3) and s.3(4) was incompatible with the European Convention on Human Rights 1950 Art.6 as the Act could operate effectively without imposing a reverse burden of proof.

The appellant (K) appealed against a ruling by a trial judge in a preliminary hearing that the reversal of the burden of proof under the Official Secrets Act 1989 s.2 and s.3 was compatible with the European Convention on Human Rights 1950 Art.6. K, who had been a Crown servant employed in the communications centre at Whitehall, was due to stand trial for breaches of the Official Secrets Act 1989. It was the Crown's case that K had obtained a highly confidential letter containing details of a meeting between the Prime Minister and the President of the United States. The letter was of a highly sensitive nature primarily concerned with policy in Iraq. K had photocopied the letter and passed it on to his co-defendant, a political researcher for a Member of Parliament. The photocopy of the letter was placed in the Member of Parliament's papers and he contacted the police. The trial judge ruled that s.2 and s.3 of the 1989 Act created offences of strict liability, save that the Crown had to prove intentional disclosure, and that whilst the statutory defences under s.2(3) and s.3(4) of the 1989 Act imposed a reverse burden of proof, which infringed the presumption of innocence, that was justifiable. K contended that the offences under s.2 and s.3 of the 1989 Act were made up of both the act of disclosure and the mental element that a defendant had to disprove. K also submitted that the gravaman of the offence lay, not so much in disclosing the information, but in doing so whilst knowing or having reasonable cause to believe that it would be damaging and that the reverse burden was arduous and there was no justification for imposing it when all the relevant facts were more readily accessible to the Crown than to a defendant.

HELD: The offence of making a damaging disclosure included the mental element that a defendant was required to disprove under s.2(3) and s.3(4) of the 1989 Act. The question was whether the reverse burden of proof was necessary for the effective operation of s.2 and s.3 of the 1989 Act. From a practical viewpoint, even if the burden was on a defendant to show that he had no reasonable cause to believe that information related to defence or to international relations, or that disclosure was likely to be damaging, it would be expected that the Crown would advance a positive case in relation to those. The trial would be completely unbalanced if the Crown waited until a defendant had advanced his case before advancing a positive case in relation to the mens rea. Procedurally the trial was likely to proceed as if the burden of proof of mens rea lay at the outset upon the Crown. Accordingly, the 1989 Act could operate effectively without the imposition of the reverse burdens that s.2(3) and s.3(4) of the 1989 Act imposed according to their natural meaning. To give the sections their natural meaning would be disproportionate and unjustifiable. As the natural meaning of the words was incompatible with Art.6 of the Convention they should be read down by applying a similar interpretation to that achieved by the Terrorism Act 2000 s.118.

Appeal allowed.

Counsel:
For the appellant: R Tedd QC
For the Crown: D Perry QC, L Mably
LTL 8/3/2007 (Unreported elsewhere)

26/02/07

Declan O'Callaghan was interviewed on Al-Jazeera television

For further details contact the clerks at 36 Bedford Row.

22/02/07

Felicity Gerry prosecuted the trial of R v DOBSON at Lincoln Crown Court

he science of smoke. Felicity Gerry prosecuted the trial of R v DOBSON at Lincoln Crown Court this week when Rebecca Peplar of the FSS gave crucial evidence about the chemical composition of smoke found on the Defendant's clothing and the weight the jury should apply to their findings. The evidence was crucial as the trial involved an arson in a detached cottage where the case against the Defendant was circumstantial. Evidence of smoke analysis has been available for decades but it is rarely used in criminal proceedings. After the expert evidence was completed, the Defendant changed his plea to guilty. He will be sentenced in April. Martin Knight also of 36 Bedford Row defended Felicity Gerry.

08/02/07

Nick Blake joins the civil team at 36 Bedford Row

Nick practises across a broad range of civil work including personal injury; company and commercial; contract; real property; landlord and tenant law; housing and sports law. He has a particular interest in all areas of sports law and litigation. Called to the Bar in 1996, he further strengthens our middle junior civil team

17/01/07

Felicity Gerry Prosecutes Serial Sex Attacker

10/01/07

Dan Leader sent to Burundi to observe a trial by the International Bar Association

Dan met with many people involved in the case, including the detained journalists, their defence counsel, the Bujumbura Chief Prosecutor and the President of the Tribunal de Grande Instance de Bujumbura. The journalists were acquitted by the Court in January 2007. Dan has compiled a report which will be published by the IBA in due course. <br> <br> To view the press release issued by the IBA, please see: The IBA press release

01/01/07

Visit the Exhibition Space at 36 Bedford Row<BR> Private View Friday 23 January 6-9pm

<B><I>Three Tall Men</I></B>
An exhibition in three chapters, slipping questions into the working and meeting spaces of 36 Bedford Row. Each chapter introduces new work from an emerging artist.

<B>Chris Aldgate</B>
29 January - 29 April 2009<B> 36 Bedford Row welcomes you to view the exhibition, Thursdays and Fridays, 2-6pm.
<B>Private View</B>, Friday 23 January, 6-9pm.
You are warmly invited to attend the Private View. Please RSVP to Rebecca Lawson, rebecca@36bedfordrow.co.uk

The final exhibition in the series features work by Chris Aldgate.

Developed in tandem and seemingly aesthetically unrelated, two series of work are presented which offer aspects of conversation, of the construction of narrative described through language and image. One reflects upon the nature of a past artist's work and life being described through the hyperbolic language of modernism. The other speaks of the emoitional positioning and characterisation inherent in the theatre of narrative.

01/01/07

What Legal 500 says about us

01/01/07

What Legal 500 says about us

26/11/06

Sir James Hunt

24/11/06

First chambers to have participative training with the use of intermediaries

13/11/06

36 Bedford Row appoints David Green as new Senior Clerk

28/10/06

The Employment Equality (Age) Regulations

16/10/06

Lynn Tayton takes Silk

26/09/06

David Farrell QC represented the Prosecution in R v Warren Blackwell (Daily Mail 13.9.06.)

David Farrell QC represented the Prosecution in the recently reported case of R v Warren Blackwell (Daily Mail 13.9.06.). Counsel shared the concerns of the Court of Appeal that there is no power to remove the anonymity provisions of the Sexual Offences Act 1992 where an alleged victim has made many alleged false claims, even where such disclosure is in the public interest and done to avoid a possible future miscarriage of justice.

13/09/06

David Farrell QC represented the Prosecution in the recently reported case of R v Warren Blackwell

For further details on the trial, please see: The Daily Mail Website

24/08/06

20/08/06

Sam Mainds and Nadia Silver successfully prosecute conman Michael Eke

14/08/06

Jacqueline Matthews-Stroud, Barrister by day and International Age Group triathlete by night!

20/07/06

Lynn Tayton appointed as Queen's Counsel

11/07/06

Frances Oldham QC appears in the House of Lords on appeal from the Administrative Court

The Respondent made numerous telephone calls to the constituency and Westminster offices of his M.P. in which he made grossly offensive remarks about individuals from ethnic minorities. The issue in the appeal was when deciding whether a message is grossly offensive for the purposes of section 127 (1) of the Communications Act 2003 what , if anything , is the relevance of (a) the intention of the sender and (b) the reaction of the recipient. Judgement reserved.

House of Lords ,June 22nd 2006.

04/07/06

Rupert Skilbeck appointed Principal Defender by the United Nations

He will have responsibility for ensuring the proper defence of a number of senior officials who are expected to be indicted for crimes against humanity and genocide arising out of the events of the Khmer Rouge regime between 1975 and 1979.

This will involve negotiating rules of procedure that best protect the defence, substantial training of Cambodian lawyers in order to give them the additional skills required for cases of this nature, and implementing a litigation strategy in order to ensure that the significant legal issues arising from the trials are properly litigated.

The new position follows on from his previous role as Director of Odsjek Krivicne Odbrane (OKO), the criminal defence section of the specialist war crimes chamber within the Court of Bosnia and Herzegovina in Sarajevo.

The appointment commences on 3rd July when the plenary session of the Judges of the ECCC will take place in Phnom Pehn.

23/06/06

Stuart Alford trains judges on international humanitarian law in Dubai

Stuart Alford has a mixed practice of national and international crime. Between 2001 and 2003 he was a United Nations Prosecutor in East Timor. Since 2003 he has worked for agencies such as UNICEF and the International Bar Association, and on projects funded by the United Kingdom, Australian and Swedish governments.

20/06/06

William Harbage QC successfully defends top US serviceman on charge of attempted murder

"William Harbage QC successfully defends top US serviceman on charge of attempted murder.

Defendant burst into hotel room of total stranger and set about him with knife. No dispute about primary facts. Jury accepted psychiatric defence of insane automatism resulting in verdict of not guilty by reason of insanity and an absolute discharge."

18/06/06

Martin Beddoe to cycle in the London to Brighton British Heart Foundation cycle rally on the 18th Ju

05/06/06

09/05/06

03/05/06

Kevin Barry successfully responded in Court of Appeal to two separate appeals against conviction

29/04/06

Dangerous sexual offender represented by Felicity Gerry

Felicity Gerry represented David Chapman (age 19) who sexually assaulted two young boys at gunpoint. He had been made the subject of an 18-month supervision order for setting fire to his adoptive parents' home just weeks earlier. Chapman admitted attempted rape, two sexual assaults, inciting a child to engage in sex and possessing an imitation firearm while committing an offence. He also admitted three offences of possessing indecent images of children and a further charge of showing an indecent photograph to a child during a separate incident. Felicity Gerry said in mitigation that Chapman was a "social isolate" who had no idea why he committed the offences and was keen to seek treatment.

Chapman was sentenced to an indeterminate period in custody and was told he must serve a minimum of six years detention. He was ordered to sign the Sex Offenders Register for life and was given a lifetime Sexual Offences Prevention Order, which forbids him to have unsupervised contact with any child. His Honour Judge Heath told him: "These were extremely grave offences. They were terrifying for these boys. They are having a lasting effect and one does not know how long that effect is going to last. He added: "You are a very worrying young man. You may be capable of acting out extreme behaviour in any number of situations."

Chapman approached the boys two days before Christmas last year. He had followed the youngsters through Spalding on his moped He approached the youngsters and took off his crash helmet, before producing an imitation handgun and ordering them to expose themselves. The boys were then subjected to an attempted rape and sexual assaults before the younger child managed to run off and raise the alarm. When officers searched his home, they found 381 indecent pictures of children taken from the internet.

The sentence was reduced to a notional determinate period of 10 years on appeal giving a minimum of 5 years detention less time spent on remand.

03/04/06

Stuart Alford successfully prosecutes Lianne Smith for theft from her tetraplegic husband

03/04/06

Frances Oldham QC acted for the Respondent in The Court of Criminal Appeal in the case of R v D

07/02/06

Kevin Barry appeared before the High Courts of Justice, QBD,

18/01/06

05/01/06

Chambers involved in first Prosecutor's appeal under CJA 2003

The case was also reported in The Times on 5th January 2006 as the court decided that where a case involves a sexual offence, the prosecution is unable to prove whether it happened before or after 1st May 2004, there can be no conviction as there are no statutory or transitional provisions dealing with this situation (on 1st May 2004 the old legislation on sexual offences was repealed and the new SOA 2003 came into force.) The case is <i>R v A (Prosecutor's Appeal</i>).

04/01/06

Joe Spicer was junior counsel in the successful prosecution of Darren Spencer

The pair had returned to the home of Spencer's ex girlfriend and some time later an argument had developed in which the Defendant had inflicted upon Miller up to 16 stab wounds leading to his death. The Defendant was given a minimum 15-year custodial sentence. <br><br> For further details on the trial, please see: The Nottingham Evening Post report of the case

04/11/05

Nicholas Browne QC and Kevin Barry prosecute Wendolyn Markcrow, mother who suffocated Down's son

The deceased had been born with severe Down's syndrome with autistic traits. The defendant had devoted her life to his care and ensuring that he lived as full a life as possible. Sadly his behaviour deteriorated markedly in the last couple of years of his life adding considerably to the burden on the defendant. Psychiatrists confirmed that the defendant had suffered from untreated depression for many years which was severely aggravated by the deceased downturn, and that she finally snapped under extraordinary pressure and smothered her son to death. Mr Justice Gross in passing a suspended prison sentence on the defendant commented <i>"the conduct of the prosecution in this case has been exemplary"</i>. <br> <br> For further details on the trial, please see: The Time report of the case and BBC report of the case

03/11/05

Rex Tedd QC successfully defends Corporal Evans for the death of Nadhem Abdullah

For press reports on the trial, please see: The Time report of the case and BBC report of the case

03/11/05

The judgement has wide ranging effects in relation to street homelessness and the obligations of the government under the European Convention on Human Rights. <br> <br> For further details on the trial, please see: The BBC report of the case

02/11/05

His Honour Judge Plunkett's appointment to the Circuit Bench

25/10/05

Martin Beddoe appointed Standing Counsel to the Revenue and Customs Prosecution Office.

21/10/05

36 Bedford Row appoints new Junior Clerk

15/10/05

Frances Oldham QC sat as an expert on the panel at the annual Bar Conference 2005

The Bar Conference 2005 took place at The Royal Lancaster Hotel in London on Saturday 15 October 2005.

15/10/05

Bar Conference 2005

03/10/05

New Tenant following successful completion of her pupillage

01/09/05

36 Bedford Row further strengthens Family team

Please contact Richard Cade the Senior Family Clerk for further details.

15/07/05

Chambers welcome two new members

Click here to view profile for Mr Franz J Muller QC. <br> Click here to view profile for Mr Jeremy Richardson QC.

23/06/05

36 Bedford Row sponsored Legal Aid Team of the Year at the Legal Aid Lawyer of the Year (LALY) award

Frances Oldham QC presented the award to Luigi Sterlini & Linda Rand, Tyrer Roxburgh & Co.<br>
For further information please visit www.independent-lawyer.com

21/04/05

His Honour Judge Lea's appointment to the Circuit Bench

04/02/05

36 Bedford Row barristers complete Public Access training

Chambers are very pleased to be one of the first sets able to receive Public Access instructions. The following barristers completed the Public Access training held by the College of Law in December 2004.

Mr Richard Wilson QC
Mr David Altaras
Mr David Lee
Mr Richard O'Dair
Mr Simon Sugar
Mr Andrzej Bojarski
Miss Hannah Markham
Miss Miriam Carrion Benitez
Mr Daniel McDowell

<P><p/> Guidelines on how to instruct a barrister on a Public Access case can be found on the

bar council website.

<P><p/> For further information please contact Bill Conner or Richard Cade on 0207 421 8000.

21/01/05

Bosnian War Crimes Appointment

Rupert Skilbeck has been appointed to set up Odsjek Krivic<caron>ne Odbranje (OKO), the criminal defence section of the Bosnian War Crimes Chamber in Sarajevo. This new Court will be trying cases transferred from the International Criminal Tribunal for the Former Yugloslavia (ICTY) and several hundred cases that have been investigated by the Bosnian authorities for war crimes and crimes against humanity. OKO will be responsible for certifying and training the lawyers that will defend cases before the Court, and for providing legal expertise and advice on criminal law, war crimes law and human rights standards.

19/01/05

36 Bedford Row sponsor Legal Aid Team of the Year at the Legal Aid Lawyer of the Year (LALY) awards

Chambers are delighted to be sponsoring the Legal Aid Team of the Year award at the forthcoming Legal Aid Lawyer of the Year awards. The award ceremony will be taking place on Thursday 23 June in central London.

For further information please visit http://www.independent-lawyer.com

03/01/05

36 Bedford Row welcomes three new tenants

20/12/04

His Honour Judge Howard Morrison OBE QC appointment to the circuit bench

Chambers would like to congratulate His Honour Judge Howard Morrison OBE QC on his appointment to the circuit bench. He has an established and high profile career in International Criminal work, and is well known to the Midlands Circuit. We wish him well in his new appointment.

15/12/04

William Harbage QC filmed live in the court of appeal

27/11/04

Chambers entries in Chambers & Partners directory

30/11/-1