Liam Loughlin Succeeds at the Court Of Appeal In Quashing Conviction Based Upon Fresh Evidence

Liam Loughlin was instructed by Stewart Begum Solicitors to appeal the case of FA, a young person who was convicted of involvement in a violent disorder involving serious weapons of violence.

Liam appealed the conviction based upon the issue that was taken with the interpretation of the mobile phone data usage by the Crown’s expert.  At the trial the defence sought to argue that the phone data usage showed that it was most likely that, at the time of the alleged, incident the defendant was at home at the time of the incident in accordance with the alibi raised by the defence; he could not therefore been at the scene of the alleged crime. The expert witness for the Crown did not agree with this interpretation.

After the defendant was convicted the defence were able to obtain further telephone data evidence that demonstrated beyond doubt that not only was it most likely that the appellant was at home at the time of the incident but that the phone was using mobile data to send and receive snap chat messages at the time it was alleged that he was committing the offence.

The conviction was quashed and the appellant released from custody.

Lewis Power QC and Michael Polak see Stunning Success in 4-Month Complex Fraud Matter

In a case where the 7 other defendants were found guilty, the Church Court Chambers team of Lewis Power QC leading Michael Polak who represented the 1st defendant on the indictment managed to escape conviction for their client. This matter involved a complex HMRC investigation with detailed accounting and tax related evidence. Leading the way from the front during the 4-month long trial, with their client being first on the indictment and said to be the mastermind of the fraudulent activity, Mr Power QC and Mr Polak developed a sound strategy and exercised tactical decisions which caused their client to be the only defendant not to be convicted despite the suggested leading role.

Lewis and Michael were instructed by Lloyds PR Solicitors.

Lewis Power QC and Michael Polak can be instructed in complex criminal, regulatory, and international law matters.

Kerim Fuad QC Appointed as Specialist Legal Advisor by Sir Stelios Haji-Ioannou

Chambers’ International Practice Group is delighted to announce that Kerim Fuad QC has been appointed by Sir Stelios Haji-Ioannou (of Easyjet) as a specialist adviser for his Philanthropic Foundation, focusing on matters relating to the island of Cyprus.

Kerim, the former Leader of the South East Circuit, continues as Head of Church Court Chambers and as a resident fixture at the Old Bailey defending in Murder Trials. He has extensive international and regulatory experience.

Colin Witcher Secures “Certificate of Inadequacy” in Unusual Historic Confiscation Case

The Applicant had been made the subject of a Confiscation Order in 2013 following conviction for dishonesty offences. In 2014, the Order was quashed by the Court of Appeal as the Order had been made in error under the Proceeds of Crime Act 2002. The Order was thus substituted for a Confiscation Order under the Criminal Justice Act 1988.

The Applicant had maintained that contained within the available amount calculation (and thus deemed to be realisable assets) were items which had been placed, by the conduct of third parties, beyond his reach. The assets included speed boats, several vehicles and the like.

The Applicant had faced several enforcement hearings and the risk of a custodial default term being activated. The Magistrates’ Court were persuaded to adjourn the case by Messrs Powell Spencers and Partners notwithstanding the age of the matter and non-payment, such that advice could be secured from specialist POCA Counsel.

Mr Witcher considered the matter, and thereafter was successful in obtaining a Certificate of Inadequacy from the High Court; a relatively rare occurrence. Thereafter, following a hearing before the Crown Court (to decide the value of the inadequacy) the Judge was persuaded to reduce the available amount by over 50%.

Colin Witcher is a member of Chambers’ Crime and Regulatory Team, specialising in financial crime.coli

Chambers are Delighted to Welcome Nazmeen Imambaccus as a Tenant.

Church Court Chambers are delighted to welcome Nazmeen Imambaccus as a full tenant following the successful completion of her pupillage.

Nazmeen brings a wealth of knowledge and a hard work ethic to Church Court.

Nazmeen is a dual qualified barrister in both England (Call 2009) and Mauritius (Call 2011). She has gained a number of years’ experience practising in an oversea common law jurisdiction. Her practice was predominately in criminal law and she has appeared for both the prosecution and defence in both litigation and advisory work.

Yasin Patel Wins Appeal For Football Club at FA Appeal

At an FA Appeal Tribunal held at Wembley Stadium, Yasin Patel, representing a leading football club successfully overturned an FA decision to push a football club which would have resulted in their relegation from their current division.

The matter heard by the Panel involved the alleged breach of FA Rules on Ground Regulations and contractual duties of clubs.

The 3-man panel heard evidence from the Club and the FA as well as League representatives and following the full hearing, quashed the League ruling and overruled the decision thereby allowing the football club’s arguments.  The successful verdict means the club will not lose its leading players or suffer almost inevitable financial losses and losses of sponsorship if the original decision had been allowed to stand.

Michael Polak wins Human Rights Judicial Review of Prison Adjudication

Following a prison adjudication where extra time was added to the prisoner’s sentence, Michael successfully judicially reviewed the decision resulting in it being quashed. 

The judicial review was brought on the bases that the process was in breach of the prisoner’s Article 6 fair trial rights, prison law, and principles of natural justice.

Michael was instructed by Shkar Kider of Kesar & Co Solicitors

Anthony Eskander wins back to back appeals in the Crown Court.

The first appeal concerned an allegation of harassment. Anthony’s cross-examination of the complainant was so damaging that he was able to successfully argue for the appeal to be dismissed at the close of the prosecution’s case.

In the second appeal, the complainant had recently been diagnosed with dementia and was no longer able to attend court. The Crown applied for her statement to be adduced as hearsay. Due to Anthony’s successful written and oral arguments, the judge ruled in favour of the defence. The Crown subsequently offered no evidence.

Robert Newcombe delivers lecture on Cyber crime to solicitors and barristers as part of the Church Court Chambers’ CPD lecture series

Robert Newcombe of Church Court Chambers together with Tom Fairfax of SRM Solutions gave a lecture entitled “Cyber Security and Cyber fraud: Trojan botnets, web-injects and mules” to solicitors and barristers (21 May 2015).

Tom Fairfax has over 20 years experience as a cyber- security expert, having been Head of Operations at the British Army’s cyber warfare unit. He is Managing Director of Security Risk Management- SRM Solutions. In addition to cyber security advice and planning and implementation, SRM provides a computer / cyber forensic expert witness service in civil and criminal cases.

Robert Newcombe gave a knowledgable lecture on the law, types of offending and practical case management in the context of cyber crime prosecutions. These included examples of cases he has been instructed in, of cyber fraud, manufacture of malware and denials of service attacks. These cases have included the use of Trojan botnets to access compromised personal data in order to perpetrate frauds and the common law offence of conspiracy to defraud. RIPA notices under section 49 and the Computer Misuse Act offences were also covered, with a summary of sentencing policy in this area.

All enquiries regarding cyber crime instructions should be directed to Daniel Bartlett, Senior Clerk in chambers on 020 7936 3637, ord.bartlett@churchcourtchambers.co.uk.

Kerim Fuad QC and Robert Newcombe secure Old Bailey murder acquittal

Kerim Fuad QC leading Robert Newcombe, both of Church Court Chambers secured the unanimous acquittal of Robert Anderson at the Central Criminal Court.

Mr Anderson faced counts of murder and violent disorder in relation to the murder of Femi Junaid in Stockwell in February 2014. He was acquitted following  a 2 month trial.

Counsel were instructed by Chanelle Wray of Dexter Henry

Pupillage Application Update

Due to an unprecedented number of high quality applications our marking of Pupillage Applications has taken longer than first anticiapted, for which we apologise. We have a stringent and transparent marking process which requires all forms to be double marked, and where appropriate marked by a third member of Chambers. This effort demonstrates our investment in our Pupillage Programme.

We hope to have completed marking by Monday 27th April 2015. Thereafter there shall be an independent sample review by Chambers’ Equality and Diversity Office, following which we hope to send out result emails by Friday 8th  May 2015. Emails shall be sent to all applicants not simply those who are successful in being shortlisted.

First Round interiews shall be held over the course of weekday evenings (and potentially on one weekend date) in May 2015, with Final Round interviews to be held in late May or early June 2015.

We thank all applicants for their patience and understanding.

Kystelle Wass represents footballer Clarke Carlisle

Krystelle Wass represents Clarke Carlisle, the former Professional Footballers’ Association chairman, who played for Burnley, Queens Park Rangers, Leeds United and Northampton Town, in his current widely publicised drink driving matter.

Related Media:

Daily Mail: http://www.dailymail.co.uk/wires/pa/article-3007532/Carlisle-admits-drink-drive-offence.html

Sky News: http://news.sky.com/story/1450720/clarke-carlisle-pleads-guilty-to-drink-driving

BBC: http://www.bbc.co.uk/news/uk-england-32018656

The Express: http://www.express.co.uk/news/uk/565824/Clarke-Carlisle-pleads-guilty-drink-drive-charge

Ivor Frank appointed as panel member for Child Abuse Inquiry

Chambers are pleased to announce that Ivor Frank has been confirmed as a panel member for the widely publicised inquiry into allegations of child abuse which has received statutory footing.

Ivor Frank is a leading expert in family law and child protection matters.
Related media:
http://m.bbc.co.uk/news/uk-31853409
http://www.theguardian.com/society/2015/mar/12/child-abuse-inquiry-gets-statutory-footing-as-new-panel-members-named?CMP=share_btn_tw

 

Colin Witcher presents USA Pegasus Scholarship Report

In late 2014, Colin Witcher of Church Court Chambers was fortunate enough to be awarded a Pegasus Scholarship by the Inns of Court. Here, he presents a summary of his time in America; the full article shall be published in this year’s edition of the Inner Temple Yearbook. 

 

With the greatest of respect to Frank Sinatra, if you can make it anywhere, it is not New York, New York, but rather Washington DC where one’s ambition should be directed. The Capital is the political and legal heavyweight of the United States and perhaps therefore unsurprisingly it played host to the British Pegasus Scholars in 2014. However, not content with simply exposing both myself and my co-scholar to the Capital, the American Inns of Court insisted on flying us to Chicago and Philadelphia. Whilst the hotel suites, the dinners and the private tours cannot go unacknowledged, they were but cherries upon a very large cake which had been carefully and thoughtfully prepared by our American hosts.

 

The experience of being a Pegasus Scholar is truly unparalleled. That expression is often over used. Here it fails to encapsulate the magnitude of the opportunity. As you sit engaged in conversations with Judges, legal academics and renowned trial advocates, you cannot quite believe the opportunity which is presenting itself to you. The insight they offer through their individual and collective experience directly enhances the aims of being a Pegasus Scholar, for it brings personality and truth to the process of learning about, and crucially learning from, the differences between our respective legal jurisdictions.

 

What was excellent about the American Scholarship was that the legal process from start to finish was fully explored over the course of six weeks, from investigative techniques being discussed with the FBI through to observing an appeal before the US Supreme Court. This led to a truly rounded experience.

 

The American Legal system was, in my view, more efficient and advanced in respect of the use of technology, especially in criminal matters. I observed a post-charge hearing in Philadelphia where suspects appeared by video-link before a Magistrate who sat, on rotation, 24 hours a day. Similarly, during the trial process, exhibits commonly appeared on computer screens which could be viewed by the Bar, the Bench and the Jury. These screens were electronically highlighted or annotated by an advocate in real time as he seamlessly presented his case. Despite their quest for technologically advanced Courts, the American Inns have an entrenched respect for history and tradition. My wig and gown drew rapturous applause on the 70th floor of a Chicago law office as they were presented to an enthralled audience. I wish that moment could have been witnessed by Christopher Grayling; perhaps then even he would have appreciated the great respect our profession commands from our global contemporaries, the same profession that he is destroying with savage cuts in public funding.

 

As the Americans embraced and celebrated our traditions, all eager to know if their respective Inns were accurately replicating the ethos and teaching of those found in London, I have never felt more fortunate to be a barrister and a Pegasus Scholar. During my scholarship, I was privileged not only to experience criminal and employment law, which allowed for a direct comparison with my practice back home, but also to observe military law, clinical negligence and patent law, to name but a few. I even attended the Marine Training School at Quantico, albeit I failed to successfully complete the first exercise of the assault course. The unique feature of the Pegasus Scholarship is that one is given access and exposure which simply cannot be gained in any other forum. A few highlights include personal tours of the White House, the Pentagon and Capitol Hill culminating in a black tie dinner at the Supreme Court.

 

The experience of being a Pegasus Scholar was enlightening. Upon my return to London I found myself actively discussing the Scholarship with fellow Members of the Bar and perhaps more importantly, applying what I had learned to my own practice. However, as I presented my first post Pegasus closing speech to the Jury, I realised that unlike my American counterparts I knew nothing about my jurors. In the States, I witnessed advocates interrogate the Jury pool before making their selection; they learned the potential jurors’ religious ideals, their occupation and even their views on the burden and standard of proof. As the twelve faces stared at me, I found some comfort in knowing that my closing speech was not tailored to the idiosyncrasies of the jurors but was built solely upon the interpretation of admitted evidence that had been given in open court and tested in cross-examination. That comfort was temporarily faltered when the jury convicted; but then regained when I dissected the matter further. Sometimes, what works for one jurisdiction will not work for another. However, crucially, it is about identifying and exploring what does work and if it does not, why not.

 

To those that are reading this and are eligible, do apply to become a Pegasus Scholar. To those that are reading this and are able, please do host the Pegasus Scholars. In either role you have the opportunity to become part of a tradition powered by enthusiasm, dedication and an inherent respect for understanding and learning. There is no greater accolade.

Tomas McGarvey discusses Joint Enterprise on Inspire FM

On Saturday 8th November 2014 Tomas McGarvey was a panellist on “Ask your lawyer”, an Inspire FM weekly radio show debate discussing the week’s topical legal issues. The topic being discussed on Saturday was “Guilty by association – the law of Joint Enterprise and Conspiracy”.
To listen to a recording of the show click on the link below:
http://inspirefm.org/radio-show.aspx?i=33
Shortlist ( )

Criminal Law

Business Crime

Extradition

Immigration Law

Regulatory and Disciplinary Law

Sports Law