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News


06/07/15

36 Civil’s Ben Amunwa writes a piece on how events at the UN Human Rights Council’s Intergovernmental Working Group in Geneva this month could re–define the future of business

From 6 to 10 July, government officials and a range of other participants will gather at the Palais des Nations, Geneva, to discuss a binding international treaty to regulate the human rights impact of corporations and other corporate entities. 

Read Ben’s full article here.

01/07/15

36 Civil’s Richard Roberts writes for the Nottinghamshire Law Society Bulletin

Richard has written an article for the Bulletin on R (Trail Riders Fellowship and another) v Dorset County Council [2015] UKSC 18 in which the Supreme Court considered whether maps accompanying applications to modify a definitive map and statement (‘DMS’) of public rights of way complied with the statutory requirements.

You can view the full article here.

22/06/15

36 Family’s Pranjal Shrotri writes for Family Law Week

36 Family’s Pranjal Shrotri has written for Family Law Week,  identifying the importance of the forthcoming judgment of the Court of Appeal in Horton v Henry, for any financial remedies practitioner with an ongoing case involving (a) an undischarged bankrupt and (b) a pension. 

To read full article, click here.

22/06/15

36 Family’s Malcolm McDonald successfully represents Appellant foster carer in theCourt of Appeal

36 Family’s Malcolm McDonald has successfully represented a local authority foster carer in an appeal against a decision to place two children with the paternal aunt over the foster carer who wished to adopt them. The case was remitted for a rehearing. 

Read the Family Law week Report here

18/06/15

36 Crime’s Georgina Gibbs successfully defends Defendant accused of sustained knife–point, multiple rapes and false imprisonment.

36 Crime’s Georgina Gibbs has successfully defended a man who was acquitted of sustained and violent rape in which it was alleged that he

  • broke in to female acquaintance’s house when she was asleep with her child in early hours;
  • held her at knife–point having tied her up with daughter’s school tie;
  • frogmarched her around house with a knife to check no one in house;
  • raped her multiple times and threatened to kill her and burn house down; and
  • tried to strangle her and declared he was going to kill her before he left. 

The defendant’s record for threatening people with knives was admitted in trial. Upon conviction, the defendant would likely have received Life sentence. The defendant’s defence was that it had been a ‘set–up’ over a grudge, although this defence had not been advanced in interview. The trial involved s.41 YJCEA, bad character and admissibility arguments. 

17/06/15

36 Family’s Andrzej Bojarski edits Halsbury’ Laws Matrimonial and Civil Partnership Law

36 Family’s Andrzej Bojarski is the Consulting Editor of the latest edition of Halsbury’s Laws Matrimonial and Civil Partnership Law. 

Halsbury’s Laws Matrimonial and Civil Partnership Law provides a solid overview of the landscape of the law, and provides a uniquely broad perspective on the law of marriage and civil partnership, including the formation, formalities and legal incidents of marriage.

View the publication details here

04/06/15

36 Family’s Pranjal Shortri wins Kent Law Society’s Great Magna Carta Moot

To mark the 800th anniversary of the sealing of the Magna Carta, Kent Law Society hosted a moot on whether the Magna Carta is still relevant today. 36 Family’s Pranjal Shrotri and Paul Infield participated as counsel and Pranjal was awarded first prize. 

To see the full news article click here

03/06/15

Piers von Berg lectures on judicial review at the University of Birmingham

On Wednesday 3rd June, Piers gave a talk on current issues and trends in criminal judicial review at Birmingham Law School. It was attended by academics, researchers and practitioners. The lecture focused on the scope of the High Court’s jurisdiction over decisions to prosecute and over interlocutory interventions in summary proceedings. It finished with a look at recent case law on children’s rights in police custody. 

Piers is currently researching the questioning of child suspects in police custody with Dr Kate Gooch at the Law School. 

02/06/15

36 Crime’s Adrienne Lucking Q.C. delivers seminar on the presentation of evidence for an ‘honour’ based double attempted murder

On Tuesday 2 June, Adrienne Lucking Q.C. delivered a seminar to senior police officers on the presentation of evidence at court during Operation Graph, an ‘honour’ based double attempted murder case.

Adrienne Lucking Q.C. presented a talk to 120 senior detectives from 5 Midlands Police forces, the Assistant Chief Constable of Leicestershire and staff. The seminar at the Leicestershire Constabulary Headquarters on the 2nd of June 2015  was organised by the investigation team of Operation Graph as training for effective investigation and trial outcomes. The trial in Operation Graph resulted in Leicestershire Constabulary’s first conviction in a so–called honour based violence case. A man was convicted of the double attempted murder of a young couple following a trial in late 2014 in which Adrienne was Leading Counsel for the prosecution. Adrienne’s talk was presented as the final part of the seminar. She explained to delegates why the early preparation and collegiate approach by the detectives, CPS and the barristers proved highly effective in this case. She demonstrated some of the presentation techniques used during the trial.

01/06/15

36 Civil’s Ben Amunwa writes for the Nottinghamshire Law Society Bulletin

 36 Civil’s Ben Amunwa has written for the Nottinghamshire Law Society Bulletin about the case of Nzolameso v City of Westminster [2015] UKSC 22

To view his article, please click here (pages 14 & 15). 

27/05/15

36Property launch new blog

The 36Property team have launched a blog as a useful and trusted source for their clients, both business owners and fellow professionals. 

Recent posts include: 

  • Implied creation of rights of way
  • Forged dispositions in land registration
  • Freezing injunctions against unnamed defendants

Check it out here.

22/05/15

Richard Wilson QC and Piers von Berg appear in a judicial review of decision to prosecute a very young child

Judgment has now been published in the case of R(CM) v the Crown Prosecution Service [2014] EWHC 4457 (Admin). Richard Wilson QC, leading Piers von Berg, challenged the decision to prosecute a very young child (aged 10 at the time) for sexual offences.

The decision was challenged on the bases of i) irrationality and ii) a unjustifiable failure to follow policy. It was argued that the defendant was in a therapeutic and residential unit and the only available disposal would not change his circumstances. It was also contended that the CPS failed to adequate regard to the views of a child and adolescent psychiatrist who said that any prosecution would have an adverse effect on him and would not be in the public interest. 

Bean LJ, dismissing the claim, said that the CPS had been entitled to take into account CM’s difficulties in responding to treatment. Any decision on the public interest was not for the psychiatrist to make. As regards policy, the decision was finely balanced given the very young age of CM. The CPS had in mind the seriousness of the offence and CM’s denials.      

The full judgment can be found here

15/05/15

36Crime’s Matthew Lowe successfully prosecutes barrister charged with sexual assault

36Crime’s Matthew Lowe successfully prosecuted Desmond Rosario, a criminal barrister, of the sexual assault of a 15 year old girl at Sheffield Crown Court. 

The offence took place in 2013, but failed to turn up to his first court appearance and went on the run until he was found in December 2014 after his case appeared on the BBC show Crimewatch. 

Rosario was jailed for 4 years and will remain of the sex offenders register for life. 

Read the full news story here.

15/05/15

36Crime’s Paul Prior named Leicestershire Law Society’s Barrister of the Year

On Friday 15 May at Leicestershire Law Society’s Annual Dinner, 36Crime’s Paul Prior was named Barrister of the Year, beating Jayne Adams of Ropewalk Chambers and Nabila Hani Mallick of No5 Chambers. 

The award was judged on evidence of particular successful cases and links to the local Leicestershire legal community, alongside evidence of making a positive contribution to the reputation of barristers and the legal profession as a whole. 

 Paul’s profile can be found here

 

14/05/15

R –v– Wheatley – Successfully prosecuted by 36Crime’s Christopher Donnellan Q.C.

On 13 May 2015  Carl Wheatley was convicted of the murder of his 4 ½ year old daughter. Wheatley had admitted manslaughter but the jury rejected his plea of not guilty to murder on the grounds of diminished responsibility. 

The defendant argued that he suffered not only from ADHD diagnosed when he was a child, but also atypical Autism Spectrum Disorder (DSM–5), diagnosed after the killing.  The psychiatric experts’ evidence was contentious and two autism specialists argued that the complex combination of his neurodevelopmental disorders diminished his responsibility. The Crown’s expert reply challenged the diagnosis of ASD, and argued that any neurodevelopmental disorder from which he suffered did not sufficiently fulfil the requirements of s.2 of the Homicide Act 1957 (as amended).

Sentencing takes places on 15 May 2015. 

The full news report by the BBC can be found here

11/05/15

36BR Art Law’s Christopher Hanges contributes to Silvia Maresca’s article on the Caravaggio

Following the extraordinary Caravaggio Cardsharps case, Thwaytes v Sotheby’s in which the Claimant unsuccessfully brought a claim against Sotheby’s for negligence in failing to spot the Caravaggio potential of the artwork, our pupil barrister, Christopher Hanges, provides helpful commentary on the case in an article about the artwork that currently resides in the Museum of the Order of St John. 

See –An unexpected gem in the heart of Clerkenwell, in St John Street News

Recent News

36 Civil’s Ben Amunwa writes a piece on how events at the UN Human Rights Council’s Intergovernmental Working Group in Geneva this month could re–define the future of business
Read more

36 Civil’s Richard Roberts writes for the Nottinghamshire Law Society Bulletin
Read more

36 Family’s Pranjal Shrotri writes for Family Law Week
Read more

36 Family’s Malcolm McDonald successfully represents Appellant foster carer in theCourt of Appeal
Read more

36 Crime’s Georgina Gibbs successfully defends Defendant accused of sustained knife–point, multiple rapes and false imprisonment.
Read more

36 Family’s Andrzej Bojarski edits Halsbury’ Laws Matrimonial and Civil Partnership Law
Read more

36 Family’s Pranjal Shortri wins Kent Law Society’s Great Magna Carta Moot
Read more

Piers von Berg lectures on judicial review at the University of Birmingham
Read more

36 Crime’s Adrienne Lucking Q.C. delivers seminar on the presentation of evidence for an ‘honour’ based double attempted murder
Read more

36 Civil’s Ben Amunwa writes for the Nottinghamshire Law Society Bulletin
Read more

36Property launch new blog
Read more

Richard Wilson QC and Piers von Berg appear in a judicial review of decision to prosecute a very young child
Read more

36Crime’s Matthew Lowe successfully prosecutes barrister charged with sexual assault
Read more

36Crime’s Paul Prior named Leicestershire Law Society’s Barrister of the Year
Read more

R –v– Wheatley – Successfully prosecuted by 36Crime’s Christopher Donnellan Q.C.
Read more

36BR Art Law’s Christopher Hanges contributes to Silvia Maresca’s article on the Caravaggio
Read more