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Our infrastructure provider, CTS, has suffered a service outage due to a cyber-incident, which has impacted a number of our internal systems, including our email services.

Please find CTS’ statement regarding the cyber-incident below:

“We are experiencing a service outage which has impacted a portion of the services we deliver to some of our clients.

“The outage was caused by a cyber-incident. We are working closely with a leading global cyber forensics firm to help us with an urgent investigation into the incident and to assist us in service restoration.

“We continue to work around the clock with the assistance of third-party experts. Whilst we are confident that we will be able to restore services, we are unable to give a precise timeline for full restoration. We will continue to communicate directly with those of our clients which are impacted by the service outage, providing regular updates on the status of our work to restore services and our investigations into the incident.”

We will provide a further update once service has been restored, but in the meantime should you wish to get in contact with a member of chambers, please call them directly via telephone or mobile.

If you require any further assistance, please do not hesitate to contact us on 020 7936 3637.

Yasin Patel comments in City A.M. on the legal implications of Everton FC’s breach of financial rules, and the legal arguments the club will look to utilise in its appeal against the independent commission’s ruling.

“It was inevitable that Everton would appeal the points deduction in light of the gravity of the punishment, the potential consequences for the future and the mitigating circumstances for the club.

“In the long-term, there is the potential legal action from the clubs who were relegated last year, in particular Leicester City, who finished 18th and would not have been relegated if the points deduction had been implemented last year.

“The club could not have foreseen circumstances such as the Covid virus and its effect upon football clubs’ incomes, the Ukraine war and the sanctions upon Alisher Usmanov resulting in loss of commercial income of approximately £200 million, the new stadium costs and the inflated prices of materials and labour, again due to the Ukraine war.

“With the support of the Mayor of Liverpool and the various mitigating factors, the club will look to utilise its legal arguments, political support and the exceptional circumstances to overcome the independent commission’s ruling.”

Yasin’s comments were published on 17 November 2023.

Robert Newcombe comments in City A.M. on the likelihood of further debanking claims following Nigel Farage’s announcement that he is seeking to turn his claim against NatWest into a class action suit.

“Banks should be concerned about having to pay compensation where they have taken a ‘tick box’ approach to debanking customers without making any inquiry into personal circumstances.”

Robert’s comments were published on 15 November 2023.

Robert Newcombe has commented on the recent ruling in cum-ex tax case, Skatteforvaltningen (the Danish Customs and Tax Administration) (Respondent) v Solo Capital Partners LLP (in special administration) and others (Appellants) [2023] UKSC 40.

“Where a foreign government or agency alleges it has been defrauded in similar circumstances, the law is now clear that a civil claim may proceed in the UK against the alleged fraudsters.”

Robert’s comments were published in City A.M. on Monday, 13 November.

R v M, Luton Crown Court, Michael Mather-Lees KC, instructed by Attiq Malik of Liberty Law” defended in a case where it was alleged that the Defendant was part of a gang related, joint enterprise stabbing of the Deceased. The Defendant was one of two defendants unanimously acquitted by the jury on the day that they retired, whilst a conviction was returned on others. This was the third acquittal in a row for Michael Mather-Lees KC

On 26 October 2023, Michael Polak successfully defended a strike-out application which was made by the Respondent, the Erhard-Jensen Ontological/Phenomenological Initiative Limited in a whistleblowing claim brought by Mr Daniel Rogerson who was working as an aide to Werner Erhard.

The Employment Tribunal were provided with extensive written submissions in relation to whether the bringing of the arbitration in Singapore by the Initiative against Mr Rogerson could amount to a whistleblowing detriment under 47 B of the Employment Rights Act 1996 or whether it was barred by judicial proceedings immunity. The Employment Tribunal Judge set out in his judgment that the Singapore arbitration was brought for alleged breaches of confidence by Mr Rogerson, when he blew the whistle about Mr Erhard’s alleged physical and psychological abusive behaviour to his staff who worked around him at Parliament View in London. Some of the abusive behaviour was captured on Apple watch recordings.

The learned Judge, after hearing a full day of legal submissions on this somewhat rare area of law, agreed with the Claimant’s submissions and held that the detriment in question, the bringing of the arbitration, was not barred by judicial proceeding immunity and therefore the claim would not be struck-out and will continue to a full 10-day hearing set for 18 November 2024.

The Judge’s full ruling will be published by the Employment Tribunal.

Michael acts pro-bono for Mr Rogerson in this important whistleblowing case.

Michael Polak is available for instruction in international human rights, arbitration, and public international law matters by contacting his clerks, by email clerks@churchcourtchambers.co.uk or by phone 020 7936 3637.

Maria Karaiskos KC prosecutes the alleged murder/manslaughter of a mother by her son whilst he was under the influence of illicit drugs. Emotionally charged case. Substantial injuries inflicted. Detailed psychiatric and pathological evidence. Complicated legal issues to be considered: diminished responsibility, insanity and voluntary intoxication.  Maria is instructed by West Midlands Crown Prosecution Service, leading Howard Searle

Islam Khan successfully persuades Crown Court at Peterborough to dismiss charges of serious violence (GBH with intent) and possession of offensive weapon against his client, MN. This was a multi handed serious GBH with intent, just short of Attempt Murder. Mr Khan was one of 5 defendants and the only one securing a dismissal as D2.

Chambers thank Maurice Andrews Solicitors for their instructions.

Church Court Chambers international barrister Michael Polak spoke at the China Forum in Washington DC on Wednesday 18 October 2023 on a panel titled ‘Towards Accountability: Pursuing Legal Action on the Xinjiang Atrocity Through International Mechanisms’. This panel examined the potential for accountability for the international crimes being committed by the Chinese Government against the Uyghur and other Turkic people.   Michael spoke about the landmark case he has brought for the World Uyghur Congress and Uyghur Human Rights Project before the Argentinian Courts using universal jurisdiction provisions under the Argentinian Constitution to examine the individual responsibility of Chinese Communist Party officials for genocide and crimes against humanity (https://www.telegraph.co.uk/world-news/2022/08/17/landmark-case-filed-against-chinese-officials-human-rights-atrocities/)  He also spoke about the increased use of universal jurisdiction provisions around the world and the possibilities this creates as well as the needs for detailed evidential databased so the perpetrators of mass atrocities can be prosecuted whenever they travel to states with these provisions.

Michael Polak is available for instruction in international human rights and public international law matters by contacting his clerks, by email clerks@churchcourtchambers.co.uk or by phone 020 7936 3637.

The Charity, Advocate celebrate barrister Yasin Patel’s pro bono work, efforts and dedication. An Advocate champion, he is lauded by them for his hard work, dedication and endearing loyalty to providing help and assistance to those most in need.  Read about Yasin’s incredible dedication to volunteering and pro bono. for the full story click here

Court of Appeal: R -v- Hand [2023]

Court of Appeal Quash a 4.5-year sentence to 2 year 3 months.

LJ Edis states Mr Khan was succinct and very clear in his submissions. This led to the quashing of the sentence at Birmingham Crown Court.

This appeal was presided by LJ Edis, LJ Stacey and HHJ Leonard K.C.

Mr Hand was sentenced to 4 half years. On one count of Attempt Robbery and 3 months on a s51 s4 POA. On appeal the grounds were that (1) The sentencing judge’s approach to a category 2, culpability B was manifestly excessive on an attempt robbery. On the facts of the case this ought to have been category 3 and culpability B with a concurrent sentence as it was part and parcel of the same facts.

The court of appeal agreed that the starting point of 4 half years was wrong. This case fell on the cusp of category 2/3 with a culpability B but lower end. The s4 POA was also manifestly excessive and the sentence ought to have been 1 month concurrent and not 3 months consecutive.

Sentence quashed with a new sentence of 2 years and 3 months concurrent from 4 half years.

In March 2023, a young man was stabbed to the neck whilst in the Colliseum nightclub in Walsall. Nobody witnessed the stabbing. No weapon was ever found. The victim died an hour later aged 29 years old.

The prosecution built its case against the prime suspect from the following circumstantial evidence:

1. Blood spots of the deceased [not cast off] which had been deposited in a particular section of the nightclub
2. Close analysis of CCTV footage from the nightclub which showed that only the suspect and deceased had been standing in this section, in an apparent altercation
3. Suspicious behaviour by the suspect immediately after the incident
4. Mobile phone communications by the suspect showing attempts to dispose of clothing worn in the club
5. Cell-site and GPS evidence showing the suspect travelling to another city
6. Lies in over 7 hours of interview

Following a trial and 13 hours of deliberation, the jury found the defendant guilty of murder. He awaits sentence at Stafford Crown Court.

https://www.bbc.co.uk/news/uk-england-birmingham-66895218

Pamela Brain was instructed by Lawtons Solicitors to defend a university student charged with Rape. The Prosecution alleged that he had raped a college student in his student accommodation. He was unanimously acquitted by the jury.

Church Court Michael Polak is representing the family of Avtar Singh Khanda, a Sikh Activist who died on 15 June 2023. At a a press conference on 2 October 2023, Michael announced that a formal request had been submitted to the Chief Coroner to open an inquest into the death and to request that a High Court Judge or retired High Court Judge be appointed for that purpose.  Mr Khanda’s suspicious death was in the context of the assassination of the Sikh leader Hardeep Singh Nijjar on 18 June 2023 in Canada. Mr Khanda had received several threats to his life from individuals connected to the Indian state after he was wrongly implicated in the removal of the Indian flag during a protest at the Indian High Commission in London on 19 March 2023.

Press about this case can be seen here:

https://www.theguardian.com/world/2023/oct/02/family-of-sikh-activist-calls-for-inquest-into-midlands-hospital-death

https://www.thetimes.co.uk/article/sikh-activist-avtar-singh-khanda-birmingham-family-coroner-investigation-d958n2wdh

https://www.theglobeandmail.com/world/article-british-sikh-activist-avtar-singh-khanda/

https://timesofindia.indiatimes.com/india/barrister-for-family-of-avtar-singh-khanda-writes-to-chief-coroner-demanding-inquest/articleshow/104113573.cms?from=mdr

https://www.easterneye.biz/family-of-sikh-activist-demands-inquiry-into-midlands-hospital-death/

Michael Polak is available for instruction in international law, human rights, and criminal law matters by phone 020 7936 3637 or email on clerks@churchcourtchambers.co.uk

Yasin Patel appeared on National and Regional BBC Radio Programmes this weekend following the release of the England and Wales Cricket Board (“ECB”) report.

The ECB’s report is in response to the ICEC Report that described cricket as institutionally racist as well as elitist, sexist and class ridden.

Yasin was asked his expert opinion in relation to many aspects of the Contents of the report including its potential effects upon the Black and Minority Ethnic Communities, whether the report will address some of the cultural issues around cricket, will change occur and his reaction to the report. 

Yasin Patel is a leading Criminal Defence and Sports Law Barrister and is instructed regularly by leading International players and athletes, clubs and Governing Bodies. 

Lewis Power KC, instructed by Joseph Hill Solicitors secures the acquittal of his client, Glen Hough, on charges of both Murder and Manslaughter, in a multi handed trial which involved 13 Defendants. The trial was split into 2 trials given the large number of Defendants and in the second trial which lasted 6 weeks, Lewis acted for the second Defendant on the Indictment. The trial was heard at the Brighton Crown Court. The first trial was heard in a new super court at Loughborough

In a long running case Kevin Molloy drafted a detailed and lengthy abuse argument where he challenged the conduct of an undercover officer who had befriended the defendant online. In lengthy legal argument it was submitted the undercover officer actually entrapped the defendant, luring him into committing an offence that, but for the behaviour of the officer he would never have committed. Such arguments rarely succeed and the Learned Judge deemed the circumstances in this case exceptional. Thanks go to instructing solicitor Nick Titchener, a Director of Lawtons Solicitors who first instructed Kevin in the case in November 2021.    

Michael Mather-Lees KC leading Paul Webb, were  instructed by Bennett Law to defend CL, who was charged with murder (multiple stabbing). The Prosecution alleged the stabbing to be done by way of retaliation. The Defence submitted that the multiple stab wounds were delivered by way of self defence.

Client was unanimously acquitted.

Maria Karaiskos KC prosecutes the alleged murder of a young man in a nightclub in Walsall. The trial involves detailed analysis of CCTV footage, cell-site interpretation and expert evidence on blood splattering. Maria is leading Daniel Oscroft from No.5 Chambers and is instructed by East Midlands CPS

Just before the start of the Rugby World Cup in France, Yasin Patel has been instructed to represent a Rugby Player charged with doping.

The player, who cannot be named for professional reasons, has been accused of taking a prohibited substance prior to a match and has been asked to answer to the charges within a tight timetable. Proceedings for the player are moving at a fast pace and it is hoped that the matter will be concluded soon for the interests of all parties.

With the World Cup beginning tomorrow, all eyes of the World will be on player behavior including skills, tries, finesse and power as well as the tackles, red cards, bans and doping related offences.

Yasin Patel is a barrister and Arbitrator at Church Court Chambers and a Director of SLAM who deals with all aspects of Sports Law including Anti-Doping, Commercial Rights, Anti-Corruption and contracts and represents some of the leading International athletes, clubs and organisations.

Llewellyn Culver-Evans represented Mr K, charged with possession of Cocaine with intent to supply it to another, as well as a similar charge in relation to Cannabis. He was tried before Plymouth Crown Court.

The Defendant had been arrested at this home following a police search, during which a carrier bag was found which contained cocaine, weighing scales, Mr Ks bedroom door key and a key to a car parked outside. In this car was found two blocks of cannabis resin. Mr Ks fingerprints were found on the carrier bag containing the cocaine.

The jury were told of Mr Ks previous convictions for supplying cocaine. 

Following Llewellyn’s closing speech, it took the jury little over half an hour to unanimously acquit Mr K of both charges.

Llewellyn was instructed by Aashar Malik of Woolfe & Co Solicitors, Luton.

If you wish to instruct Llewellyn, please contact Chambers Clerks by email on Clerks@churchcourtchambers.co.uk or by telephone on 020 7936 3637

On 11 August 2023, following multiple contested hearings spanning two years, George’s client, J.C. was discharged at Westminster Magistrates’ Court by the Chief Magistrate of England and Wales.

The case involved an unprecedented extradition request made by the Government of Japan to the UK’s Home Secretary for the extradition of J.C. in respect of a robbery of a jewellery store in Tokyo in November 2015. J.C. was alleged to have been involved with others in carrying out the robbery which is alleged to have netted c.£670,000 worth of jewellery.

The extradition request raised a number of novel and complex issues and was resisted on multiple fronts before the Chief Magistrate who ruled on each of them in favour of the defence, resulting in the ultimate discharge of the defendant on 11 August. In essence the Judge ruled that: (a) the Government of Japan had not properly established a prima facie case against the Defendant due to admissibility issues with the putative identification evidence, (b) extradition constituted a risk of a breach of articles 3, 4, 5 & 6 the European Convention on Human Rights, and (c) the formal assurances provided by the Govt of Japan (pursuant to the case of Aranyosi) were insufficient to properly allay the risks of the identified human rights breaches.

The Govt of Japan has indicated that it will appeal these decisions and therefore the case will now proceed to the High Court.

George was led by Mark Summers, KC of Matrix and both counsel were instructed by Lisa French of Foxes Solicitors

On 20 July 2023, George’s client, S.G. was discharged by a High Court Judge following a successful appeal against an order for extradition made by a district judge (“the DJ”) at Westminster Magistrates’ Court.

Essentially, S.G. (“the appellant”) was wanted by Poland on an Extradition Arrest Warrant containing (a) a sentence of 18 months for fraud in 2007 and (b) an accusation of participation in a criminal organisation and being involved in selling over 2kilos of cocaine and over 10kilos of amphetamine between 2003-2007. The point on appeal was that the DJ had found the appellant to be a fugitive in respect of (a) but not (b). By the time of the appeal, the appellant had served the vast majority of the sentence for (a). The argument was that the DJ had not properly analysed the passage of time between the end of the offences re (b) in 2007 and the issuance of the extradition warrant in September 2020. There had been culpable delay which was under-analysed by the DJ.

The High Court Judge therefore reevaluated the Article 8 question and, notwithstanding the seriousness of the offences and the fact that the appellant had no family in the UK, upheld the submission that extradition would be disproportionate.

The appellant was therefore discharged on appeal and released from HMP Wandsworth.

George was instructed by Magdalena Motyl of Bark & Co

The Defendant was initially advised by Fiona McAddy; Paula Bignall represented him at the PTPH when she drafted a Basis of Plea for him which ring fenced the ages of the girls involved. Michelle Clarke then represented him for sentence and successfully persuaded the Learned Recorder that he should be sentenced as a 16 year old with the Over Arching Principles for Sentencing Youth Offenders being applied.

Instructing Solicitor was Warren Mitchell at Brooklyn Law.

Michael Mather-Lees KC, leading Richard Keogh, secured a Not Guilty verdict in a complex “baby shaking” case, in which the Defendant was alleged to have killed a 9-month-old baby, by shaking him violently, resulting in death.

 The case involved detailed and complex medical evidence which necessitated in-depth knowledge of the pathology involved in baby shaking, which could then the linked to the timing of events, thus demonstrating that the accused person had not committed the offence. The defendant was acquitted, the verdict being unanimous.

Michael and Richard were instructed by Tony Marshall at Alexander Johnson.

If you would like to discuss instructing Michael Mather Lees KC please contact Rod McGurk his senior clerk 0207 9363637

Colin Witcher of Chambers’ Crime and Regulatory Team prosecuted the defendant company, represented by King’s Counsel, for a breach of Health and Safety legislation, in circumstances where an employee fell from height and sadly died.

Colin was released from his current long running trial to deal with the sentencing hearing, having been instructed from an early stage in the matter. The defendant company was fined and ordered to pay the full prosecution costs as incurred. Colin was instructed by Jennifer Phillips, Principal Litigation Lawyer of Thanet District Council.

Colin specialises in regulatory and corporate offending, instructed on behalf of both local authorities and various prosecuting agencies and defendant companies and directors in equal measure. Clients value his pragmatic and user friendly approach.

For more information on representation and/or training in health and safety matters please do not hesitate to contact Chambers’ Senior Clerk Rod McGurk 

Church Court Chambers’ barrister Michael Polak acted with Sydney lawyer Dan Nguyen on behalf of Mr Chau Van Kham, a 73-year-old Australian democracy activist who was arrested in January 2019 and sentenced to 12 years imprisonment for terrorism because of his democracy activism, after a trial which failed to comply with international fair trial standards.  

On 11 July 2023, Mr Chau Van Kham was returned to Australia where he is now a free man. 

Michael Polak worked with Ms Dan Ngyuen, the family’s lawyer, to push for Mr Van Kham’s release from his unjust conviction and detention which were unlawful under international law.  On 7 June 2022, after considering submissions by Mr Chau Van Kham’s legal concluded that Mr Van Kham’s detention was arbitrary and therefore unlawful under international law and they ordered his immediate unconditional release.  The Australian Government engaged with Vietnam to push for Chau’s release and Mr Chau’s legal team are grateful for their intervention.

Australia’s 60 Minutes news programme has previously reported on Mr Van Kham’s plight.

Michael Polak stated the following:

‘We are very pleased that Mr Van Kham has been returned to Australia to his loving wife who has missed him greatly over the last four years. It is a wonderful day for Chau and his family and one that they were beginning to feel might never come.

Although we celebrate Chau’s release today, it is clear that he should never have been convicted or faced such a serious sentence under the false description of terrorism.  Chau’s belief in democracy for those in Vietnam is one that is based on universal rights and should not have resulted in his persecution.

We remain concerned about the democrats, labour rights activists, environmentalists, and lawyers who remain languishing in Vietnamese prisons and hope that Vietnam’s international partners can encourage the authorities to move towards a free society there.’

Michael Polak is available for instruction in international human rights and public international law matters by contacting his clerks, by email clerks@churchcourtchambers.co.uk or by phone 020 7936 3637.

Islam Khan secures an acquittal at Bristol Crown Court on a complex people smuggling trial. Persuading the jury to consider that his client had a very limited role and that any organised crime was without the knowledge and planning of his client. His client was the lead defendant.

Chambers appreciates instructions from Mr Akeeb Yakoob of Maurice Andrews Solicitors for their preparation of the trial.

Llewellyn Culver-Evans, defending, achieved success in a recent money laundering trial before the Central Criminal Court sitting at Aldersgate House. 

The Prosecution indicted EC, a young teacher of good character, with two counts of money laundering in relation to a £20,000 fraud. The case concerned a bank account in the defendant’s name, which was used to move the stolen money through. 

Following the close of the Prosecution case, Llewellyn made detailed written and oral submissions, inviting the Judge to stop the case, on the basis that there was no evidence upon which a jury could convict. 

The Judge agreed, ruling that the prosecution case was so weak that no jury could convict the defendant. The Judge directed the jury to return a not guilty verdict on both counts. 

The defendant retains their good character.  Llewellyn was instructed by Tank Jowett Solicitors

If you are interested in instructing Llewellyn please contact Rod McGurk Senior clerk 0207 9363637

Mr Fuad KC of Chambers Crime and Regulatory Team has been instructed to represent a young male who is alleged to have used a hammer to attack two fellow pupils and a teacher at the privately paying school in Devon. He is instructed by “Trinity Advocates” in Exeter. This sensitive and complex case has made international headlines: 

Kerim has over the past year illustrated, as he has for the last 4 decades, that he is the barrister of choice for the most sensitive and demanding cases. He has been in Silk for more than a decade and has been instructed on some of the most high profile cases in the country.  By way of example, in the past 12 months Kerim has been, amongst others, instructed in the following matters:

Donovan Miller, a male who murdered his grand mother and later had anal sex with her body:

https://www.mirror.co.uk/news/uk-news/killer-who-choked-gran-sex-26595845

Ross McCullam who murdered Megan Newborough and nearly decapitated her. He later successfully defeated a AG reference to increase his sentence:

https://www.theguardian.com/uk-news/2022/dec/16/ross-mccullam-jailed-for-life-for-murder-of-megan-newborough

Dennis Akpomedaye who stalked and stabbed his ex girlfriend upto 40 times up against a wall in an alleyway, again almost decapitating her:

https://www.independent.co.uk/news/uk/crime/dennis-akpomedaye-anna-jedrkowiak-murder-b2348797.html

If you are interested in instructing Kerim Fuad KC please contact his senior clerk Rod McGurk in Chambers. 

Llewellyn Culver-Evans, of Chambers Crime and Private Prosecution Teams, achieved success in a recent Private Prosecution. 

A tenant and their disabled child, who had been living in appalling conditions, brought a private Prosecution of their landlords – a London Local Authority – under Section 82 Environmental Protection Act. The tenants had lived for nearly 5 years with water pouring from the ceiling, causing mold and damp at such a level as to cause prejudice to health. 

Following detailed and robust written submission by Llewellyn, the landlords agreed to complete significant remedial work to the property, as well as paying compensation to the tenant, and her legal fees. 

Llewellyn was instructed by Zoheb Chaudhry of Alexander Shaw Solicitors. 

Llewellyn is available to advise and represent in both bringing and defending Prosecutions arising from the Environmental Protection Act. 

George is instructed in the case of USA v S.N. on behalf of a defendant facing a US extradition request who is said to be at the centre of a global terrorist financing conspiracy involving the sale and export of $750 million worth of diamonds and artworks which are said by US federal prosecutors to have been deliberately undervalued to evade US OFAC sanctions to enable the funding of Hezbollah.

The extradition request has been made by the US Department of Justice Office of International Affairs and is being led from the highest levels of the US Government.

George is highly experienced in resisting US extradition requests especially those involving allegations of complex global conspiracies.

The case is listed at Westminster Magistrates’ Court throughout 2023 and is attracting worldwide media attention. 

George is instructed by specialist extradition litigator, Magdalena Motyl of Bark & Co

Chris Johnston achieves success in large-scale, multi-handed “County Lines” drugs case at Cambridge Crown Court. Following a two week trial, the jury unanimously acquitted Chris’ client on all eight counts. This man was first on the indictment in what had been a wide-reaching investigation, which had been a result of a dedicated, pre-existing serious crime operation. The case featured the defendant being co-located in his car with the exact movements of the deal line over long journeys.The prosecution also supported the case by the large seizure of three types of Class A drugs as well as Class B drugs and a large quantity of cash. CCTV footage of the defendant at a time the deal line was “topped up” showed him acting in concert with the other main offender.The result was set against the background of the defendant’s previous conviction for a pair of identical drugs supply cases being advanced before the jury.

Chris was instructed by Angie Deacon from Lawtons Solicitors

At Reading Youth Court, Michelle secured an acquittal for a 16 year old boy who was charged with Sexual Assault on a 14 year old girl.

The case was tried by Judge Gozzee, one of the Senior District Judges.

The case was deemed serious enough for a Certificate for Counsel to have been granted.

He had no previous convictions

Michelle was instructed by Paul Gilmartin at Albin and Co Solicitors

Kerim Fuad KC starts another high profile, disturbing and sensitive trial, the Murder of 21 year old Polish national Ms Anna Jedrokwiak.

He represents a 30 year old man accused on 16th May 2022 of buying a 15 cm Chef Aid kitchen knife, and stabbing her in an alleyway about 40 times, attempting to decapitate her, as she left work at night walking hand in hand with a male friend.

He is instructed by Mahomed Ismail of MFI Law Solicitors

https://www.wandsworthguardian.co.uk/news/20159346.man-appears-court-fatal-knife-attack/

https://www.dailymail.co.uk/news/article-10846001/Man-29-ambushed-ex-girlfriend-21-alleyway-tried-cut-head-kitchen-knife.html

Llewellyn Culver-Evans secures acquittal in complex Encrochat drugs conspiracy.

Llewellyn Culver-Evans, led by Syed Ahmed of Citadel Chambers, represented a client charged with conspiracy to supply class a drugs, in a four-week trial at St Albans Crown Court.

The prosecution outlined a large-scale drugs operation, distributing multiple kilograms cocaine throughout the Hertfordshire area, with the use of highly encrypted Encrochat telephones. The prosecution brought evidence to attribute one of these encrypted phones to the Defendant, through the use of cell-cite and co-location data and phone records.

After deliberating for over five and a half hours, the jury returned a Not Guilty verdict in respect of Llewellyn’s client.

A single co-defendant was convicted of the conspiracy by the jury.

Syed and Llewellyn were instructed by Aasher Malik from Woolfe & Co Solicitors of Luton.

Maria Karaiskos KC prosecutes allegations of rape on a 4 year old child (vaginal, oral and anal rape). Complicated and voluminous medical evidence involving the causation of gonorrhoea and whether this infection can be transmitted through non-sexual means. International experts attending trial to give evidence.  Maria has been instructed by the London CPS Rasso Team

In an unusual defamation case, Lewis Power KC leading Colin Witcher successfully acted on behalf of Alan Waller who brought an action against the BBC for defamation, arising from the fabrication of his bank statements at the instruction of the BBC’s former journalist, Martin Bashir.​ 

The matter was resolved by way of a settlement reached last year, however was recently finalised by the resolution of costs. 

As reported in the media, the payment to Mr Waller brought to an end a series of settlements made by the BBC to victims of Bashir’s actions. In total, the corporation is said to have paid out in the region of £2.7 million, which includes £1.5 million to charities chosen by the Prince of Wales and Duke of Sussex.

Counsel were instructed by James Saunders who led the expert litigation team at Saunders Law.

Relevant media: 

Diana Panorama interview: BBC settles with Earl Spencer aide – BBC News

Michelle Clarke secured Acquittal for a 20 year old man charged with serious sexual offences.

She had already secured acquittal last October for him for the original allegations against this young man.

Two days later two more complainants came forward and made further serious sexual allegations.

He was acquitted unanimously by both juries.

Counsel was instructed by John Moreland of Clarke Kiernan Solicitors.

Ms Karaiskos KC begins today a sensitive and unusual manslaughter trial, where there was a delay in finalising the indictment due to the complexity of the medical evidence and the need to instruct leading experts. Ms Karaiskos leads Colin Witcher of Chambers’ Crime and Regulatory Group. Counsel are instructed by Heather Howe of Andrew Storch Solicitors. 

Yasin Patel, appearing before the Court of Appeal (Criminal Division) was successful in an Appeal against a Sentence imposed upon a “dangerous” offender.

The three Appeal Court Judges listened to submissions regarding an offence that involved a lonely woman being taken into a garage late at night and being imprisoned whilst demands were made that she had to have sex with him or he would rape her, kill her and leave her there, and no one would find her.

In a Judgment given at the Court, the Judges accepted the arguments and submissions made by Mr. Patel, and reduced the sentence imposed upon the defendant significantly, almost by 20%. Yasin Patel is a leading Criminal Defence Barrister at Church Court Chambers and is part of the Crime and Regulatory Group.  He was instructed by Shahid Khan of Advice Wise Solicitors

Yasin Patel begins the trial before a jury of a former International Heavyweight Boxing Champion at the Central Criminal Court today.

Charged with a number of serious offences, the case involves a number of allegations of a domestic nature.

With complex evidence involving telecommunications, messaging, telecommunications and forensic material, the case will hear from witnesses regarding the ex-Champion’s professional and personal life.

Yasin Patel is a member of the Crime and Regulatory Group at Church Court Chambers and defends on all aspects of White Collar and High Profile Criminal work and is instructed by Ibrahim Hussain of Stonehall Solicitors.

Mr Fuad KC was before the Vice- President, Chamberlain J and Hilliard J.
He successfully persuaded them that the 23 year minimum term for Ross McCullam was not unduly lenient and that the 30 year starting point was not engaged. He argued that that there was not sufficient evidence of “sexual conduct” to warrant the much higher starting point.
His client had engaged in deeply aggravating and unpleasant behaviour which was fully set out in the press links, that included cutting the deceased’s neck 14 times, putting her body over a wall into a field, internet porn activity and serial killer research.
It was a challenging, disturbing, sensitive and complex trial involving partial defences of diminished responsibility and loss of control.
He was instructed by Chris Swistak and led Robin Howat.
Judgment link below

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Crim/2023/349.html&query=(R)+AND+(v)+AND+(Ross)+AND+(McCullam)

Pamela Brain secures Acquittal in a case involving 23 counts of serious sexual assaults including multiple allegations of Buggery.

The jury acquitted of all charges in just over an hour.This was a difficult case involving an elderly defendant of good character and in poor health. Some of the allegations dated back over 40 years. The complainant suffered from serious mental health difficulties and  autistism which meant that  particular skill and sensitivity was required in relation to his cross examination.

Counsel was instructed by Lynn Warren of Lawtons Solicitors.

On 28 March 2023, George’s Slovakian client was discharged by Saini J on a ground relating to s.20 re-trial rights. Essentially the Saini J agreed with George’s submission that the re-trial rights of the appellant were not guaranteed. The client will not now be extradited to face the outstanding sentence of 6 years and 4 months for fraud.

On 22 March 2023, George’s client was discharged by Sir Ross Cranston following a successful appeal against an extradition order on Article 8 grounds. The previous counsel had advised that the appeal was hopeless and caused the previous solicitors to withdraw! The client will not now face extradition to serve the outstanding sentence of 2 years 2 months for drugs offences.

On 14 February 2023, George’s Polish client was discharged on appeal by Steyn J who upheld the defence argument under s.14 passage of time. The client will not now face extradition to Poland to face a £635,000 fraud allegation.

On 2 December 2023, George’s Polish client was discharged on a Lithuanian warrant that alleged that he had been involved in an organised crime group that planned to move 64kg of cannabis from Spain to Germany via France. Fordham J upheld George’s argument made on s.64 (dual-criminality) grounds.

Mr Fuad KC was before the Vice- President, Chamberlain J and Hilliard J.
He successfully persuaded them that the 23 year minimum term for Ross McCullam was not unduly lenient and that the 30 year starting point was not engaged. He argued that that there was not sufficient evidence of “sexual conduct” to warrant the much higher starting point.
His client had engaged in deeply aggravating and atrocious behaviour which was fully set out in the press links, that included cutting the deceased’s neck 14 times, putting her body over a wall into a field, internet porn activity and serial killer research.
It was a challenging, disturbing, sensitive and complex trial involving partial defences of diminished responsibility and loss of control.
He was instructed by Chris Swistak and led Robin Howat.

https://www.bbc.com/news/uk-england-leicestershire-64950638

https://www.itv.com/news/topic/megan-newborough

Church Court Chambers barrister Michael Polak chaired a panel on ‘Freedom of Expression and the Right to Peaceful Protest’ at the 23^rd Commonwealth Lawyers Conference which was held in Goa, India between 5-9 March 2023.  The conference brings lawyers together from across the Commonwealth to discuss contemporary legal and political issues.  Michael, who has experience in high-profile international  freedom of expression cases, (https://www.theguardian.com/world/2022/nov/17/greek-court-acquits-activists-banner-acropolis-china-protest-landmark-decision; https://hornobserver.com/articles/1791/Somali-Journalist-Syndicate-Secretary-General-Abdalle-Mumin-Detained-for-Press-Freedom-Work-Submission-to-UN-Working-Group-on-Arbitrary-Detention-Made-Today; https://knews.kathimerini.com.cy/en/news/charges-dropped-against-brit-expat-arrested-for-calling-mayor-useless)  chaired a panel of Mr Yakubu Chonoko Maikyau, chair of the Nigerian Bar, distinguished Jamaican advocate Caroline Hay, and Malaysian Constitutional law expert Steven Thiru.  

Michael is available for instruction in international law matters by contacting Church Court Chambers clerking team by phone on  020 7936 3637 or by email clerks@churchcourtchambers.co.uk

Yasin Patel shall begin defence of a young man charged with terrorism offences before the Resident Judge of Birmingham today.

The charges of encouragement of terrorism date back to 2020 and according to the Prosecution case involve “statements on social media to members of the public encouraging and inducing them to commit, prepare or instigate acts of terrorism”.

The trial will consider contemporary and historical matters and issues including the attacks outside  the offices of Charlie Hebdo and the beheading of Samuel Paty.

Yasin Patel is a member of the Crime and Regulatory Group and defends on all aspects of White Collar and High Profile Criminal work and is instructed by Shahid Khan of Advice Wise Solicitors.

Lewis Power KC and Colin Witcher instructed on behalf of Constance Marten 

Chambers can confirm, further to recent media reports and enquiries, that Mr Lewis Power KC has been instructed to defend Constance Marten. Junior Counsel is Colin Witcher, also of Chambers’ Crime and Regulatory Team.

All parties respectfully remind the media and the general public that criminal proceedings against Constance Marten (and Mark Gordon) are active and that they have the right to a fair trial. 

There will be no media comments from Chambers or Counsel. Any appropriate enquiries should be directed to Paul Britton, Director at Britton and Time Solicitors, Mayfair Office. 

Media Links: 

https://www.telegraph.co.uk/news/2023/03/03/baby-found-brighton-constance-marten-mark-gordon-search/

https://www.standard.co.uk/news/crime/constance-marten-mark-gordon-court-today-london-crawley-b1064444.html

https://news.sky.com/story/constance-marten-and-mark-gordon-in-court-charged-with-manslaughter-of-baby-girl-called-victoria-12824225

https://www.bbc.co.uk/news/uk-64833339.amp

On 14 February 2023, George Hepburne-Scott succeeds yet again in an extradition appeal in the High Court.

In the case of Poland v D.O. a District Judge (“DJ”) of Westminster Magistrates’ Court (“Westminster”) had previously ordered the Appellant’s extradition to Poland to fact charges of VAT fraud which were allegedly committed in 2003 – 2005 and allegedly involved approximately £600,000 of tax being evaded through multiple fraudulent vat invoices and tax returns.

On appeal, George argued that the extradition after all these years, in circumstances where the Appellant was not a fugitive, would be oppressive within the meaning of s.14 of the Extradition Act 2003. He further argued that the DJ was incorrect when he failed to take account of the false sense of security that the Appellant would have felt.

Following detailed written and oral submissions at a fully-contested extradition appeal hearing on 14 February, Mrs Justice Steyn DBE delivered the judgment of the High Court. This judgment agreed with George’s submission that the passage of time has created a false sense of security for the Appellant who had raised a child in the meantime. Steyn J agreed that this false sense of security had not been considered by the DJ.

Consequently, the appeal was allowed and the DJ’s order for extradition was quashed.

A copy of the judgment can be found here

George was instructed by Magdalena Motyl of Bark & Co Solicitors

Mr Witcher secured after a five day trial, the acquittal of a young defendant who faced two charges of attempted rape (with sexual assault in the alternative) together with an allegation of non-fatal strangulation.

The defence advanced was fabrication as to the suggestion of restraint and violence, and consent as to all sexual acts, notwithstanding the defendant had initially denied any interaction had taken place and was unknown to the complainant. 

The trial was made complex by the defendant being illiterate (both in his native tongue and English) and the cultural difficulties of explaining concepts of sex and similar. 

The defendant was acquitted of all counts faced. Mr Witcher was instructed by Sunita Mehta, Partner at ABV Solicitors. 

George was instructed in the extradition case of USA v SD where a $10M global pharmaceutical fraud was alleged involving Indian distributors selling prescription drugs through the internet to customers in the US. The client was alleged to be a primary conspirator in this global fraud.

Instructed by Bark & Co, the UK team, headed by George, worked very closely with US attorneys at Reed Smith one of whom was a former US Federal prosecutor. Working in lockstep with the US team we achieved an excellent result for the client, on the basis of which he agreed to go to the US by consent with bail being guaranteed by the US Government, with a view to entering pleas to lessor charges and receiving a non-custodial outcome. This was remarkable given that the maximum sentence was originally cited by the lawyers for the US as being 10 years.

George Hepburne-Scott & Magdalena Motyl of Bark & Co have developed a particular expertise in US extradition requests especially those involving global pharmaceutical or crypto fraud allegations.

Church Court Chambers Michael Polak has been shortlisted by LexisNexis for the Legal Personality of the Year 2023.

The awards event will take place on Thursday 23 March 2023 at the JW Marriott Grosvenor House in London.

Michael Polak has been described as representing ‘clients in the most high-profile and important cases both internationally and at home as a barrister at Church Court Chambers, a director of Justice Abroad and acting pro bono to defend lawyers and journalists at risk around the world.’

Michael was awarded the prestigious International Bar Association’s Outstanding Young Lawyer Award in 2021 where he was recognised for his ‘extraordinary level of commitment to humanitarian causes and an unrivalled determination to make a positive impact on the legal world’ with his legal work and setting up Fuel Our Frontline during the coronavirus pandemic.’

Michael’s recent notable cases include:

• The Cyprus Rape Case where Michael aided in the legal campaign for the Ayia Napa rape victim. He helped in her successful appeal before the Supreme Court of Cyprus and her current application before the European Court of Human Rights;
• The case of businessman Mr Mehul Choksi, who was brutally beaten and kidnapped from Antigua and unlawfully rendered to the Commonwealth of Dominica. Michael’s work on this case has resulted in the issuance of arrest warrants against those involved;
• The David Hunter mercy killing case in Paphos, where the defendant is on trial for murder for assisting his wife’s suicide;
• The successful defence of a group of activists who protested at the Acropolis during the Beijing 2022 torch ceremony;
• A case against Chinese leaders for genocide and crimes against humanity carried out against the Uyghur people before the Courts of Argentina;
• Prosecuting the largest ever unlawful eviction prosecution which involved a landlady, her son and two heavies carrying out 16 different instances of violent evictions against vulnerable tenants over 11 years including the use of serious physical violence.  “

Michael Polak has stated “I am very pleased to have been shortlisted for this prestigious award and I pay tribute to the many experts who help me with my work as well as my brave clients fighting for their rights against powerful states.” 

Votes can be case by following the link here

Michael Polak is available for instruction in international law matters by email on clerks@churchcourtchambers.co.uk

Church Court Chambers Michael Polak has been instructed by Mr Otarbay Yerbakyt,  the alleged victim of torture and other international crimes committed in the Uyghur Region.  Torture is recognised as a crime, prosecutable in the English courts under s134 Criminal Justice Act 1988.

On 9 February 2023 it was reported that Mr Tuniyaz is due to travel to the United Kingdom this Sunday 12 February 2023.  Permission for prosecution is required from the Attorney General for the crime of torture.  All those tried before the courts of the United Kingdom are considered innocent until proven guilty.

Michael Polak is available for instruction in international law matters by email on clerks@churchcourtchambers.co.uk

Edward McCann, a man who served his country through the army’s royal electrical and mechanical engineers and who has been suffering from Leukaemia since 2010, has been sentenced to imprisonment by Swansea Crown Court: he was defended by Yasin Patel. 

As was reported widely by The Times and The Sunday Times this week (21 & 22 January), Mr. McCann received a lengthy sentence for his part in a conspiracy that involved the production of cannabis oils, the growth of cannabis plants and cannabis infused chocolate. Edward McCann was given a sentence of imprisonment of seven years and seven months. 

Mr. McCann had undergone chemotherapy to treat his cancer and stated that he was producing cannabis oils and other cannabis plants to alleviate his constant pain and make his life bearable. 

The full article from The Sunday Times can be found here: The Times

Yasin Patel is a Barrister at Church Court Chambers who defends clients accused serious offences, Fraud, White Collar, Business and Regulatory Offences.  His Instructing solicitor in the case was Ditesh Patel of Bark & Co Solicitors. 

This was a difficult case involving a defendant of good character and multiple allegations of Rape. The complainant had serious mental health difficulties which required particular skill and sensitivity in cross examination. The defendant was unanimously acquitted by the jury.

Counsel was instructed by David Fitzgerald of McQueens Solicitors.

Mohammed Bashir defended a 26 year old male student accused of a stranger rape. The Prosecution relied heavily on a recent complaint and DNA evidence.

After careful examination of the DNA evidence and detailed cross examination of witnesses, the Defendant was unanimously acquitted.

Mohammed Bashir was instructed by SVS Solicitors Gerards Cross.

Colin Witcher leading Fiona McAddy, both of Chambers’ Crime and Regulatory Group, represent the former Managing Director of a leading investment advisory company which suffered a high profile collapse as a result of alleged high value mismanaged investments. The MD faces a lengthy indictment arising from his alleged dishonest involvement in the investment of funds outside pre-authorised risk tolerances, investments in conflicting funds, and inducing investors through the use of inflated return projections. 

The trial will consider financial investments across jurisdictions, the duties and obligations on financial advisors, and the interplay of criminal, regulatory, and civil liability. The trial, which began with jury selection today at Southwark Crown Court, will last until early February 2023. 

Counsel are instructed by Nick Titchener, Director at Lawtons Solicitors. 

It is with great pleasure that Church Court Chambers announces that, on the recommendation of The Lord Chancellor, Maria Karaiskos has been appointed King’s Counsel in the Ministry of Justice’s new Silk appointments published today, 23rd December 2022.

Maria will not only be our first homegrown silk but also first female silk within chambers.

Maria is a highly regarded barrister who is well known for her meticulous preparation, fearless approach to each case and persuasive style in Court. She has strong legal skills, intelligent case planning and full commitment to each case she undertakes. She is an excellent communicator who holds the confidence of each client and the Court.

Maria Karaiskos successfully defends a young woman charged with money laundering at Chelmsford Crown Court. 

Maria’s client was one of four defendants who had several thousands of pounds laundered through their bank accounts in June 2018. This money represented the proceeds of criminal conduct as it originated from a sophisticated fraud carried out by rogue builders on an elderly gentleman. 

Maria was able to show to the jury that her client was not connected to this fraud and neither did she know or believe that the money entering her bank account was criminal property. 

Maria was instructed by Angie Deacon at Lawtons Solicitors.

In the case of Fedorowicz v Prosecutor General of Lithuania [2022] EWHC 3088 (Admin), the prosecution had sought to argue that the Appellant was liable for prosecution in Lithuania for allegedly being involved in a criminal conspiracy to import 64 kg of cannabis from Spain to Germany via France. All of his allegedly criminal actions had taken place in Poland. Lithuania had requested his extradition from the U.K. However, in order to satisfy s.64 of the Extradition Act 2003 the Court had to be satisfied of dual-criminality, in other words, that the conduct of the Appellant would have also constituted an offence in the U.K. 

The only conduct in Lithuania (as a proxy for the U.K. for the purposes of the transposition exercise), as set out in the Extradition Warrant, was a conversation between the co-conspirators in a Vilnius, Lithuania. Crucially, however, this conversation did not involve the Appellant. Nonetheless, at first instance, before a District Judge the prosecution argued that s.45 of the Serious Crime Act 2015 (participating in organised crime) covered this as it was part of the overall criminal activity of the group of which the Appellant was a member. They relied upon s.47(7)(b) which stated that it was not necessary ‘for all of the acts or omissions comprising participation in the group’s criminal activities to take place in England and Wales (so long as at least one of them does)’ The District Judge at first instance at Westminster Magistrates’ Court agreed with this argument although it was opposed by the defence team.

On appeal before Fordham J, George argued that this was not the proper construction of a.45 and that the proper construction of the section involved the Appellant having to have committed at least one act himself in the U.K. (i.e. Lithuania for transposition purposes). The prosecution in turn strongly opposed this interpretation on appeal and urged the court to uphold the District Judge’s decision which had potentially very wide-ranging implications for U.K. law enforcement charging practices in the sphere of international organised crime.

Fordham J delivered judgment on the appeal which was published on 13 December 2022 and can be found here. The judgment overturned the District Judge’s decision and found that George Hepburne Scott’s interpretation was the correct one. The judgement creates the first determination of the territorial scope of s.45 by a senior U.K. Court, which itself enacts the relevant article of the UN Palermo Convention Against Transnational Organised Crime (2000) (as ratified by the U.K. in 2006).

George Hepburne Scott was instructed in the case by Giovanna Fiorentino of Lansbury Worthington Solicitors

Grade 4

Shaun Esprit (and Fraud Level 2 and POCA Level 3)

Maria Karaiskos (and Rasso)

Chris Johnston

Colin Witcher

Gregory Wedge (and Fraud Level 2 and Serious Crime, Level 2)

Grade 3

Alun Evans 

Simon Elliott 

Nazmeen Imambaccus

Chiara Maddocks (and Serious Crime, Level 2)

Fiona McAddy

Grade 2

Alex Balancy 

Rajesh Pabary  (and Fraud, Level 2)

Grade 1

Paul Webb

Amy Hazlewood

The hearing took place in the High Court on 22 November 2022 before Nicola Davies LJ and Choudhury J. George was led by Mark Summers KC of Matrix.

This claim challenges the Secretary of State’s certification, under s.70 of the Extradition Act 2003 (‘the Act’), of the first ever extradition request to the UK from a Japanese authority. The extradition proceedings, concerning each of the three Claimants, proceed under rare ‘special extradition arrangements’ referred to in s.194 of the Act, and form the basis for continuing restrictions on their liberty.

Despite the clear terms of the extradition arrangements contained in a Memorandum of Cooperation of 6 July 2021 between the two States expressly requiring that any request be made only by the Government of Japan, the request for the extradition of each of the Claimants has in fact been made in every meaningful sense by the Japanese police.

To certify this request nonetheless as ‘made in the approved way’ under s.70 of the Act, the Secretary of State has relied on a perfunctory intervention of the Japanese Embassy (in correspondence initially withheld) in transmission of the police request, to circumvent that basic flaw. The permissibility of that approach is the subject matter of this application for judicial review.

Click here to view the judgement.

George is instructed by Lisa French of Foxes Solicitors

Mr Goyal was represented by Islam Khan on direct litigation access.

After nearly 3 years of litigation, the HCPC drop case against Mr Surinder Goyal. The HCPC filed for discontinuance earlier this year. On 14^th Nov 2022, the conduct and professional committee panel heard requests for discontinuance of this case against Mr Goyal from the HCPC who were represented by Kingsley Napley Solicitors.

The facts are that Mr Goyal was suspended and referred to the regulatory body that he was unfit to practise as a result of an alleged download of inappropriate material onto the trusts’ two laptops used by him.

Mr Khan having assessed the case, he filed for an abuse of process argument and obtained a forensic IT expert, Ms Sarah Vella, of evidence matters to examine the materials of the two laptops in question. Laptop A and B. As result of the examination the IT expert reported  that there was no continuity of evidence and no evidence whatsoever that Mr Goyal had downloaded any material of that kind. The IT expert of the trust subsequently agreed with Mr Goyal’s expert. Nevertheless, the trust were pursuing this case with vigour with limited evidence to dismiss Mr Goyal.

Mr Surinder Goyal was a specialist physiotherapist who was the  Leader of the year in 2016 of his department, he had strong work ethics, and gave long working hours with his full energy to the Trust only that the Trust let him down and caused psychological damage to him with an erroneous and false accusation.

The Assistant Director of Sefton described Mr Goyal as “You cannot ever leave the trust as we value you so much”.

Mr Khan thanks Denise Nikolic with her assistance in this case, and Sarah Vella & Rashid Raja with their IT expertise helping to ensure that a just and right outcome was achieved in this case.

The Prudential Regulation Authority (PRA) has imposed a financial penalty of £9,695,000 in respect to a company failing to comply with its regulatory obligations relating to its governance and oversight of underwriting, underwriting controls, management information, data quality, and risk management strategies and systems. 

Colin Witcher was instructed on behalf of the Bank of England in respect to this project, forming part of the Legal, Enforcement and Litigation Team for the PRA. 

The Bank of England press release can be found here for further information: 

https://www.bankofengland.co.uk/news/2022/october/pra-fines-ms-amlin-underwriting-limited

The former World Brazilian Jiu–Jitsu Champion, Jackson Sousa, has been cleared of all allegations by the UKBJJA, the governing body for Brazilian Jiu-Jitsu in the UK. Represented by Yasin Patel, the Martial Arts specialist has been informed by the UKBJJA that the matter is now complete and closed.

Following a lengthy and thorough investigation by a specialist investigator, in a process where Mr Sousa had fully complied with the governing bodies’ thorough scrutiny and abided with all requirements as per the Complaints and Disciplinary Policy, it was confirmed that Mr Sousa had not breached the UKBJJA Code of Conduct.

The UKBJJA’s decision follows last year’s findings of an Independent Safeguarding Committee that concluded Jackson was innocent of any wrongdoing.
Mr Sousa said,

“Last year, the false allegations by some individuals on social media resulted in me getting suspended from my team and losing all my income, affiliations and sponsorships.

I was advised by my legal team to not engage in the “court of social media” and the “social media circus”. Instead, I cooperated fully with any investigations to clear my name.

It was difficult to remain silent for such a long time and not be able to speak my truth. Not only were the allegations untrue but I was subjected to hundreds of offensive and racist comments and received death threats. I was appalled to see how many in the BJJ community took part in an online cancel culture without allowing the facts to come to light through formal investigations.”

Jackson Sousa was represented by Yasin Patel, a Barrister at Church Court Chambers and Director of SLAM.Global.

Islam Khan secures only acquittal for his client in this multi handed trial on an attempted murder and section 18 GBH with intent. His client was accused to have fired a two-barrel 12 gauge shotgun deliberately and intentionally to kill it’s victim.

Mr Khan was able to convince the jury that the defendant’s story of accidental shooting causing shrapnel and pellets to spread causing injuries to the victim was consistent with the medical and ballistic experts’ opinion. He goes on further to explain that the only reason for the one shot was too scare and self-defend against the assailants from coming towards the defendant with machetes trying to cause his client serious injury.

Mr Khan was instructed by Akeeb Yakoob of Maurice Andrews Solicitors. Mr Khan also thanks Fiona McCaddy and Caroline Skeet of chambers in their assistance in the case.

Pamela Brain secures acquittal in a case involving multiple allegations of rape.

This was a particularly difficult case as it involved a defendant of good character who suffers from Asperger’s Syndrome and he faced multiple allegations of Rape some of which were historical.

The complainant also had a number of difficulties which meant that the cross examination had to be undertaken in a particularly sensitive manner.

Counsel was instructed by Lynn Warren of Lawtons Solicitors.

Lewis Power KC and Rod McGurk met with R J Mitte, the much acclaimed Breaking Bad actor who played “Walt Junior aka Flynn” in the worldwide AMC hit series.

At the IBA Annual Conference  in Miami, they discussed his Keynote speakers address on “How law affects individuals with disabilities and the positive impact of hiring individuals with disabilities in the workplace”.

Kerim Fuad KC defends in a sensitive high profile murder case where the defendant is accused of murdering a young woman. The case was opened this week to the Jury and has been covered in the national press.

https://www.bbc.co.uk/news/uk-england-leicestershire-63484719

https://news.sky.com/story/man-who-strangled-woman-he-met-at-work-a-cunning-and-resourceful-murderer-court-told-12735670

https://www.theguardian.com/uk-news/2022/nov/01/lab-worker-tried-to-cover-up-colleagues-with-texts-court-hears

Amjad Malik KC and Shaun Esprit of chambers were instructed by CPS Essex in a highly sensitive and difficult case, in which the defendant used his car as a weapon. The victim was deliberately knocked off his moped in Marine Parade, Harwich, Essex in a targeted attack in April 2020. 

The defendant was extradited to the UK for trial earlier this year having fled the jurisdiction shortly after the offence.

The defendant was convicted unanimously of murder and also grievous bodily harm with intent in relation to an elderly passer-by, who was struck by the moped moments after the rider had been knocked off by the defendant.

The trial made national headlines due to the unusual nature of the case: 

https://www.itv.com/news/anglia/2022-10-20/driver-who-mowed-down-a-father-and-fled-to-ireland-convicted-of-murder

Lewis Power KC, Rod McGurk & Michael Polak of chambers will be attending the IBA Annual Conference in Miami 30 October to 4 November 2022.

Please contact Rod McGurk (07568 337318) if you would like to meet up during the conference week.

A report published by the Bar Council on 17 October 2022, gives a good overview of Church Court Chambers involvement in the Ukraine Internship Scheme Pilot set up by Chambers’ Michael Polak.  

During this pilot Church Court Chambers hosted Valeriia Lada, a young and motivated lawyer from Ukraine whilst she spent 6 weeks working in Chambers on a variety of research projects and attending Court with Chambers’ members.  This pilot was set up in conjunction with the Ukraine National Bar Association and it is hoped that it will be expanded across the Bar.

https://www.barcouncil.org.uk/resource/an-interview-with-ukrainian-intern-valeriia-lada.html

The National Black Crown Prosecution Association (NBCPA) are celebrating #BlackHistoryMonth2022 with a series of interviews with members from within the CPS, across the wider criminal justice system and internationally.

Nathan Miebai, Chair of the NBCPA, asks Benjamin Aina KC to share his reflections of what Black History Month means to him.

Maria Karaiskos is successful at Northampton Crown Court defending a care worker charged with sexually assaulting residents suffering from dementia.

Maria’s careful analysis of the prosecution case, highlighted inconsistencies in the accounts of witnesses and unravelled a motivation by them to fabricate allegations against her client.

Instructed by Glen Henry at Bennett-Law Solicitors.

On Monday 10th October 2022 Michael Polak, leading Llewellyn Culver-Evans, appeared for the prosecution for sentencing in the largest ever unlawful eviction case.

During the 4 week trial 22 witnesses were called to give evidence. The four defendants were unanimously convicted of 28 of the 35 charges they faced, which comprised Unlawful Eviction, Interference with the Peace and Comfort of Residential Occupiers and Burglary. Many of the tenants involved in the case were vulnerable. They were subjected to violent harassment, intimidation and physical evictions from their homes.

The sentencing hearing was widely reported by national and regional press:

https://www.dailymail.co.uk/news/article-11306543/Mother-son-landlords-jailed-nine-years-abusing-tenants.html

https://www.kentonline.co.uk/thanet/news/landlords-from-hell-who-left-tenants-absolutely-petrified-275021/

Michael Polak and Llewellyn Culver-Evans are available for instruction in private and local authority prosecutions and all matters concerning unlawful evictions and can be instructed by contacting their clerks by email, clerks@churchcourtchambers.co.uk, or by phone 020 7936 3637.

Chambers are delighted to welcome Marie-Armance Renaud to Chambers as a 12 month pupil. Marie will be supervised by Maria Karaiskos for her first three months.

Chambers are delighted to announce that Llewellyn Culver-Evans has accepted an invitation to join Chambers upon the successful completion of his pupillage.

Llewellyn enjoyed a predominantly criminal pupillage, although also gained exposure to civil and commercial matters to ensure a broad practice training base. His pupillage was supervised by Kevin Molloy, together with Colin Witcher and Shaun Esprit.

During his second-six, Llewellyn gained extensive criminal experience, including in Private Prosecutions where he was Prosecution Junior Counsel in an usual four week trial.

Llewellyn joins Chambers’ Criminal and Regulatory Team and our Private Prosecution Group, but is available for instruction across Chambers’ Practice areas.

Chambers are delighted to announce that multiple members, including both silks and juniors, have received recognition from the Legal 500 for exemplary work in their respective fields.

The distinguished members below have received the following:

Leading Silk

• Lewis Power KC – Tier 2 Crime
• Amjad Malik KC – Tier 3 Crime
• Kerim Fuad KC – Tier 3 Crime
• Michael Mather Lees KC – Tier 4 Crime

Leading Juniors

• Colin Witcher – Tier 2 Crime
• Yasin Patel – Tier 3 Crime & Tier 4 Sports Law
• Michael Polak – Tier 4 Crime

On behalf of all Queen’s Counsel, Members and Staff, Michael Mather-Lees QC extends Chambers’ sincere condolences to the Royal Family on the sad passing of Her Majesty, Queen Elizabeth II. 

Those in Chambers appointed Queen’s Counsel shall now be referred to as King’s Counsel, and to that end, as announced by the Criminal Bar Association “we mark with sorrow and dedication to justice the change of Queen’s Counsel to King’s Counsel”

Church Court Chambers’ barrister Michael Polak, acting with Argentinian Counsel, has brought a landmark criminal complaint to the Courts of Argentina, under the universal jurisdiction provisions in Article 118 of the Argentinian Constitution.

On Wednesday 17 August 2022, Michael Polak acting with Argentinian lawyers Gabriel Cavallo and Juan Nieto submitted the criminal complaint to the Federal Criminal Court in Buenos Aires on behalf of  the World Uyghur Congress and the Uyghur Human Rights Project.  This submission sets out the international crimes being committed against the Uyghur and other Turkic people in the Uyghur Region and the identity of those most responsible for these crimes. Under Argentinian universal jurisdiction provisions, the Courts have jurisdictions for international crimes such as genocide, crimes against humanity and torture wherever they take place.

The submission of this complaint marks the first stage of the process: the “prosecutorial stage” where the appointed judge considers the complaint and submissions from the public prosecutor as to whether to open a case. 

The case was covered by both the Argentinian and international press:

https://www.telegraph.co.uk/world-news/2022/08/17/landmark-case-filed-against-chinese-officials-human-rights-atrocities/

https://www.newsweek.com/criminal-case-filed-china-alleging-genocide-minorities-xinjiang-1734808

https://www.rfa.org/english/news/uyghur/argentine-court-08172022173804.html

https://www.lanacion.com.ar/el-mundo/etnia-uigur-por-que-la-minoria-perseguida-en-china-eligio-la-argentina-para-denunciar-las-nid18082022/

Michael Polak is available for instruction in international human rights, criminal or public international law matter by contacting his clerks, by email clerks@churchcourtchambers.co.uk or by phone 020 7936 3637.

Amjad Malik QC successfully appealed the whole life Sentence imposed upon Ian Stewart before a specially constituted Court of Appeal, led by the Lord Chief Justice.

The Court has given clear guidance on the exceptional nature of a whole life sentence and Ian Stewart, together with Wayne Couzens and three other cases were dealt with.

Amjad Malik QC’s submissions were accepted and Ian Stewart’s whole life sentence was found not to fall within the categories of whole life sentences.

https://www.bbc.co.uk/news/uk-62345010

The Southwark Crown Court has formally lifted reported restrictions after a series of linked cases came to a conclusion. 

Colin Witcher and Michael Polak, both of Chambers Crime and Regulatory Team, represented the first defendant over the course of a five-week trial at Southwark Crown Court in January and February 2022. The defendant was alleged to have been the lead defendant and party to the global conspiracy in which fake hospitality packages for high profile rugby matches were fraudulently sold to businesses. However, the Jury rejected that argument, and the defendant was convicted of involvement in only one strand of the fraud. The same made a demonstrable difference at sentencing today both in respect to harm and culpability. 

The case was covered in the press:

https://www.reuters.com/lifestyle/sports/nine-guilty-over-international-rugby-tickets-fraud-2022-04-07/

https://www.itv.com/news/anglia/2022-04-08/gang-behind-twickenham-international-rugby-ticket-scam-netted-18m

https://www.bedfordshirelive.co.uk/news/bedfordshire-news/dunstable-man-amongst-nine-fraudsters-6923186

https://www.lutontoday.co.uk/news/crime/dunstable-man-who-scammed-people-out-of-more-than-ps18m-for-fake-rugby-tickets-is-convicted-3645293

Counsel were instructed by Mr Attiq Malik of Liberty Law Solicitors.

On 22 July 2022, George’s client, W.S., (the Requested Person) a 46-year-old Polish national was discharged from an Extradition Arrest Warrant that had been issued by Poland.  George had succeeded in persauding a specialist District Judge at Westminster Magistrates’ Court that extradition would be oppressive under s.14 of the Extradition Act 2003 due to the passage of time since the offences and also would constitute a disproportionate interference in the private and family life of the Requested Person (RP) and his family contrary to Article 8 of the European Convention on Human Rights. The RP had been sought by Poland to serve a sentence of two years and 5 months for offences of robbery and forgery which had been committed when he was in his 20’s.

The client literally wept with joy upon being discharged and was enormously grateful and relieved. 

George was instructed by Magdalena Motyl of Bark & Co

Church Court Chambers Barrister Michael Polak has been instructed to represent Australian democracy activist Drew Pavlou who was arrested following a peaceful protest at the Chinese Embassy.  Mr Pavlou was held by the Metropolitan Police and then interviewed in regard to an email containing a bomb threat that the Chinese Embassy claims to have received from an email address which has been set up in Mr Pavlou’s name.  

Michael is instructed by Glenn Henry of Lawtons Law.

The case has been covered by Australian TV and radio.

For comments on this case please contact Michael by email m.polak@churchcourtchambers.co.uk

Michael Polak is available for instruction in international human rights and public international law matter by contacting his clerks, by email clerks@churchcourtchambers.co.uk or by phone 020 7936 3637.

Chambers’ Michael Polak leading Chambers’ pupil Llewellyn Culver-Evans, instructed by Thanet District Council, prosecuted in this case which ended today when the jury returned unanimous convictions in the vast majority of charges against all four defendants, in what is believed to be England and Wales’ largest ever unlawful eviction prosecution.

The four defendants, the first two on the indictment being represented by Queen’s Counsel, faced charges of Unlawful Eviction, Interference with Peace and Comfort of Residential Occupiers, and Burglary. They were unanimously convicted of 28 of the 35 charges they faced. The indictment of 16 counts, made up of 15 conspiracy counts and one substantive count, related to eleven sets of tenants, all of whom were vulnerable, who were subjected to harassment, threats of violence, physical violence, intimidation and physical evictions from their homes.

The jury found that one tenant was attacked at his flat in Margate, his door was kicked in by a group of men, on the orders of the landlord. He was covered with petrol and had three of his teeth knocked out, before being ordered to leave.

In another flat in the same block, the jury convicted the landlords of organising for another group of masked men to kick through the door of a woman, who was at home with her children. These masked me then proceeded to threaten the tenant with weapons when they entered the flat and caused damaged to her toilet in a frightening attempt to cause her and her children to have to abandon their flat.

This case was widely reported in the media:

Michael Polak and Llewellyn Culver-Evans are available for instruction in private prosecution and local authority prosecutions and can be instructed by contacting their clerks by email, clerks@churchcourtchambers.co.uk, or by phone 020 7936 3637.

Following a guilty plea to distributing and making indecent images of children found on one of his devices, the client was relieved with an unexpected result in the Crown Court at St Albans. Over a series of hearings, his counsel persuaded a judge that not only would a community penalty be appropriate, but that there should be no Sexual Harm Prevention Order at all based on submissions on the fundamental test to be applied.

It was submitted that despite the nature of the offences, the relative risk of sexual harm was such that an SHPO was not necessary. Further, it was argued that the client, a professional working in an industry in which his access to social media was key, would be subjected to the restrictions of an SHPO, which would be too onerous and in conflict with performing his work. Chris Johnston was instructed by Nick Titchener of Lawtons

Church Court Chambers’ barrister Michael Polak acts with Sydney lawyer Dan Nguyen on behalf of Mr Chau Van Kham, a 71-year-old Australian democracy activist who was arrested in January 2019 and sentenced to 12 years imprisonment for terrorism because of his democracy activism, after a hearing which failed to comply with international fair trial standards.  

In April 2021, Michael Polak and Mr Van Kham’s legal team made submissions to the United Nations Working Group on Arbitrary Detention arguing that the conditions of pre-trial detention, lack of confidential access to a lawyer, and the trial procedure which lasted only 4.5 hours for 6 defendants, as well as the vague nature of the charge and the fact that no evidence of any criminal acts was put before the Court, rendered the trial unfair and in breach of international law and meant that Mr Van Kham’s continued detention is arbitrary.  Annexed to these submissions was a note on the breaches of international law from Human Rights Watch and as well as evidence of Amnesty International’s designation of Mr Van Kham as a prisoner of conscience.

After considering Mr Van Kham’s case carefully the United Nations Working Group on Arbitrary Detention has delivered its decision concluding that Mr Van Kham’s detention is arbitrary and therefore unlawful under international law and has ordered his immediate unconditional release. The Working Group, comprised of experts in international law, found that the detention of Mr Chau Van Kham was unlawful under all 4 relevant categories of Arbitrary Detention that it is mandated to consider. The full decision can be found here.

Mr Van Kham’s case has been reported in the press here:

• https://www.9news.com.au/national/push-to-get-elderly-sydney-father-out-of-vietnamese-prison/13fa06ce-3214-4ca7-a038-251489e8d5e7
• https://doanhnghiepnet.com.vn/chau-van-man/
• https://headtopics.com/au/push-to-get-elderly-sydney-father-out-of-vietnamese-prison-25513316
• https://newsfinale.com/news/a513ffec-ce2e-4b30-beb0-53113dc859c8/

Michael Polak is available for instruction in international human rights and public international law matter by contacting his clerks, by email clerks@churchcourtchambers.co.uk or by phone 020 7936 3637.

Yasin Patel has been instructed to advise and represent a leading ex-International England cricketer in the on-going racist and discriminatory inquiry by the England and Wales Cricket Board (ECB).

Following the revelations and allegations last year of racism and discrimination suffered by players and personnel throughout the English game, the ECB has been investigating the complaints and accounts given by those that have suffered from racism directly and indirectly.

Personnel including Test International players, coaches, committee members, Chairmen, County Boards, commentators and staff at Counties have been involved in the process.  It is anticipated that the process and disciplinary hearings will be on-going for some time.

Yasin Patel is a barrister and Arbitrator at Church Court Chambers and a Director of SLAM who deals with all aspects of Sports Law including Anti-Doping, Commercial Rights, Anti-Corruption, Contracts  and Equality Issues and represents some of the leading International athletes, clubs and organisations.

On 10 June 2022, George’s client M.D. was successful in the case of Switzerland v M.D.

The case involved an allegation of high value fraud involving an attack on the treasury IT systems of a major global company. The Swiss authorities had issued a Part 2 international arrest warrant and extradition proceedings had commenced against George’s client.

However, persistent legal argument and applications, including co-ordinated action in Switzerland through a Swiss lawyer that we engaged for the client, the extradition hearing was vacated at Westminster Magistrates’ Court as the Swiss prosecutor had agreed to an unprecedented granting of ‘safe passage’ to Switzerland under art. 204 of the Swiss Code of Criminal Procedure’.  The client’s passport was returned to enable him to attend Switzerland where he gave evidence to a Judge and was guaranteed not to be arrested. The client duly attended and gave his full account including defence evidence. He then returned to the UK.

Following this and further legal representations, the Swiss authorities finally agreed to withdraw the Part 2 international extradition arrest warrant and the extradition proceedings were dropped.

George was instructed by Magdalena Motyl of Bark & Co Solicitors

Lewis leading Aidan Harvey of Richard Body & Co Solicitors was able through assimilating a body of highly specialist defence experts in the fields of pathology; toxicology and paediatric neurology to force the Crown to reduce the Murder charge on the Indictment to one of attempted Murder just 3 days before the trial commenced. Following, thereafter,  a 10 day trial at Brighton Crown Court, the Defendant, Pembe Mehmetaliogulari was cleared of the offence of the attempted murder of her 10 year old son who had severe physical and mental disabilities. This was a most harrowing and tragic case for all concerned.

Church Court Chambers’ Michael Polak spoke on a panel at the World Uyghur Congress’s conference in Munich on 26 May 2022. He addressed the opportunities for addressing the atrocities being committed against the Uyghur people under the provisions of universal jurisdiction and the action he is launching with a team in regard to a universal jurisdiction prosecution in Argentina.  Universal jurisdiction provides that there are certain international crimes such as torture, crimes against humanity, and genocide which domestic courts should try no matter where the offences took place or who carried them out.

Michael was on a panel chaired by Hanno Schedler (Advisor for Genocide Prevention and Responsibility to Protect for Society for Threatened Peoples) with Sir Geoffrey Nice QC (Chair of the Uyghur Tribunal),  Ralph Bunche (Secretary-General of UNPO), and Nick Vetch (Vice-chair of the Uyghur Tribunal)

Michael is available for instruction in public international law and human rights matters.

Church Court Chambers are pleased to announce the appointment of Michael Mather-Lees QC as Head of Chambers with effect from Monday 9th May 2022. Michael follows Kerim Fuad QC who ends his eight year tenure as Head of Chambers and remains a full member of Chambers. 

Commenting on this appointment, Michael observes: “I would like to extend my thanks to Kerim for his hard work, dedication and unwavering passionate commitment to Chambers during his eight-year term. In Chambers our strength does not simply come from our members’ talent but from Chambers’ character and our story thus far. I am honoured that Chambers has passed onto me Kerim’s pen and I look forward to writing the next chapter.”

Kerim led Chambers for eight years and under his stewardship, supported by Members, the Clerks and Staff, Chambers has grown to become a leading London Chambers. Kerim oversaw Chambers’ measured expansion, including the lateral hires of six Queen’s Counsel. 

During his tenure Chambers relocated from the Inns to modern, progressive, accessible, and design-led premises in our current home at the Old Patent Office, Chancery Lane. Kerim led Chambers through the pandemic with strength, stability, a clear long-term vision and much needed humour and compassion. 

During his term, Kerim was also appointed Leader of the South Eastern Circuit and successfully balanced a highly demanding practice, including countless Old Bailey murder trials with his unwavering commitment to leading Chambers and trying to provide a brighter future for the whole Bar. Kerim notes: “it’s been an honour to lead Chambers for the last eight years. I have been immensely proud to see Chambers go from strength to strength. I would like to thank all the Members, Clerks and staff of Chambers for their support, especially the various Management Committees over the past years. After 28 years serving continuously on various committees, including the CBA Executive, Chair of a Mess and Leader of the Circuit, I very much look forward to fewer weekend calls, less Zoom backgrounds and no more agendas – although as everyone who knows me knows, my door always has been and always will remain open. I wish Michael and the Team well and I very much look forward to sharing in Chambers’ continued success.” 

On 4 May 2022, judgment was handed down in the case of Lucian Florin Badea v Romanian Judicial Authority [2022] EWHC 1025 (Admin).  This judgment provides a thorough analysis of the effect of the specific provisions of the Trade and Co-Operation Agreement between the UK and the EU within extradition law in the UK. The Appellant submitted that the effect of this international instrument was analogous to the preceding EU Framework Decisions concerning the European Arrest Warrants (EAW’s). Fordham J considered the case in light of the following authorities: Konecny v Czech Republic [2019] UKSC 8, 1 WLR 1586; Polakowski v Westminster Magistrates’ Court [2021] EWHC 53 (Admin) 1 WLR 2521 & Saptelei v Romania [2021] EWHC 66 (Admin) [2021] RTR 484.

George was instructed by Magdalena Motyl of Bark & Co Solicitors.

A link to the judgment can be found here

Lewis represented the Defendant, Koci Selamaj, who pleaded guilty to the murder of primary school teacher, Sabina Nessa. The Defendant, who drove to London in order to attack a stranger, has been jailed for life with a minimum term of 36 years.

A Whole Life order was avoided. The case is one of national importance, alongside the recent case of Sarah Everard. The safety of women as they go about their daily business has once again been thrust into the spotlight and, once again, it’s because a woman has been killed in apparently “safe” conditions.

https://www.bbc.co.uk/news/uk-england-london-61021379

https://www.bbc.co.uk/news/uk-england-london-58665603

On 6 April 2022, George’s client was discharged from extradition proceedings by a district judge at Westminster Magistrates’ Court following the successful deployment of an Article 8 objection to extradition on the grounds of private and family life.

The requested person (RP) was 30 years old. The extradition request made by the French Republic related to an incident in January 2014, at a ski-resort in France where the then 22 year old RP was stationed as a member of the British Paratroop Regiment attached to NATO. 

A snowball fight had broken out outside a nightclub in the early hours and a local man became upset that his girlfriend had been hit by a snowball. He attacked the group of paratroopers including the RP. He was kicked and punched and suffered injuries. The RP and another solider were questioned the next day by French police and claimed self-defence. They were then released.

A short while later, the RP and his co-defendant both returned with their unit to the U.K. Unbeknownst to them, in February 2021, they were tried and convicted in their absence by the local French Court. They were both sentenced to 12 months immediate custody. The French authorities had apparently made attempts to contact the RP through the relevant British authorities to no avail. The RP was blissfully unaware of the ongoing investigation and proceedings. Following the conviction and sentence in absence, in October 2021, a French prosecutor issued an international extradition arrest warrant and the RP was arrested on this warrant at his home address in November 2021.

Interestingly, in December 2021 the RP’s co-defendant, appealed his sentence to the French Court of Appeal who had quashed the sentence of 12 months immediate custody and replaced it with a 3 month suspended sentence. The French CA had stated its reasons for doing this as being, inter alia: (i) the aggrieved started the violence, (ii) the context was an argument at 3am outside a nightclub when all had consumed alcohol and (iii) the paratroopers had used minimum force (ie they were trained to kill and had ‘only’ broken his cheekbone). This judgement was adduced by the defence in the extradition proceedings.

George invited the district judge to take this into account and to also take account of the age of the RP at the time, his lack of offending since, his ignorance of the proceedings (ie his lack of fugitive status), the passage of 8 years and the fact that his fiancé was now expecting their first child. 

In the circumstances, the judge was persuaded that extradition would constitute a disproportionate interference in the Article 8 rights of the RP and his fiancé.

The RP was discharged.

George was instructed by Giovanna Fiorentino of Lansbury Worthington Solicitors

Yasin Patel will represent a leading International Athlete at the Court of Arbitration for Sport (“CAS”) proceedings in Lausanne, Switzerland.

The charges from the International Olympic Committee are based upon alleged Anti-doping Rule violations at the Tokyo Olympics last year.

Despite the Olympics having been completed many months ago, the proceedings will be heard by the highest Sports Appeal Tribunal in the World with leading experts and professionals due to give evidence in relation to the charges brought by the IOC and defended by the Athlete.

Yasin Patel is a barrister and Arbitrator at Church Court Chambers and a Director of SLAM, who deals with all aspects of Sports Law including Anti-Doping, Commercial Rights, Anti-Corruption and contracts and represents some of the leading International athletes, clubs and organisations.

Mr Fuad QC represented Donovan Miller, in a highly sensitive case, where it was alleged that in March 2021 he murdered his grandmother, and thereafter defiled the corpse. He faced counts of murder and offences contrary to section 70(1) of the Sexual Offences Act 2003.

In what was a highly unusual, disturbing and sensitive case which was initially set down for a murder trial, the Crown were able to agree a plea to manslaughter on the grounds of diminished responsibility. 

Difficult legal issues arose as to the extent to which the defendant’s voluntary large consumption of cocaine led to the offences and therefore whether diminished responsibility was available at all to the defendant as a partial defence to murder. 

Mr Fuad QC relied on his considerable expertise in mental health homicide cases in liaising with the psychiatrists for over a year. There was much consideration not only to whether diminished responsibility was available but whether a standard custodial sentence or a S.45A MHA 1983 Hybrid order was a more suitable sentence, allowing for treatment and then a punitive lengthy term of custody to follow.

After a lengthy hearing with psychiatrists called to give evidence, the Recorder of London imposed a Hospital/Restriction order

Kerim Fuad QC was instructed by Ebenezer Madeinlo of Hanson Woods Solicitors.

The Mirror

Daily Mail

Lewis Power was acquitted on all counts in this Lincoln murder trial in which 2 members of the Romany Travelling community had sought to settle their differences with a traditional fist fight. This, however, had ended tragically with one of them hitting the back of his head against a concrete plinth and losing his life shortly thereafter.

Lewis was instructed by Lisa French and Duncan Frost of Foxes Solicitors

THAILAND V N.R. – Successfully defeated Thai request for the extradition of British business man for alleged global financial crimes

JAPAN V J.C. – Successfully defeated Japanese extradition request for British man accused of involvement in a £1M Tokyo jewellery robbery

SPAIN V P.B. – Successfully defeated a Spanish extradition request for a British accountant accused of masterminding a global multi-£M money-laundering scheme

ROMANIA V A.E.E. – Successfully defeated a Romanian extradition request for a British / Egyptian man convicted of cultivation of cannabis and sentenced to 5 years.

In a sensitive and complex case Michael Mather-Lees QC and Colin Witcher of Chambers’ Crime and Regulatory Team carefully conducted a thorough review of the prosecution evidence, including reviewing over 3000 pages of unused medical notes, where several experts had been instructed. That review culminated in a focused, forensic application to dismiss.

The Crown conceded, upon considering the defence skeleton argument and conducting a thorough review of the case, that there was no realistic prospect of conviction in respect to any count faced by the defendant, or any potential alternative.

Michael and Colin have extensive knowledge and experience in this unique area of criminal law. They have recently lectured together to both prosecution and defence lawyers on the effective preparation and presentation of medico-legal cases.

Counsel were instructed by Rebecca Higgins of Credence Solicitors. 

Michael Polak wins the “2021 IBA Outstanding Young Lawyer Award” for his commitment to defending human rights across the globe through his professional practice and personal endeavours. 

Described by his nominator as ‘relentless in the pursuit of justice’, Mr Polak has worked on a number of high-profile criminal and human rights cases over the course of his career to date.

Most recently, he represented a young British woman in her appeal against a conviction for public mischief after reporting a gang rape in Cyprus. In a statement from January 2020, Mr Polak said that if the convictions against the woman were not overturned, ‘this matter will go all the way up to the European Court of Human Rights and European Court of Justice’.

Yasin Patel has been instructed as counsel in the sale of a leading Professional Football Club in the UK.

Yasin is to represent the interests of potential buyers of the club ensuring that all of the necessary steps and criteria are met for the purchase of the club as well as the drafting of the shareholder purchase agreement, review of the club’s assets, property, corporate structures, as well as the personnel meeting the Owners and Directors test of the Governing body.   

The successful purchase of the club and the change of ownership could have huge beneficial effects for the club, its supporters, the staff, the players and management in light of the club’s current position.

Yasin Patel is a barrister at Church Court Chambers and a Director of SLAM: he deals with all aspects of Sports Law as well as other legal topics.

Chambers are delighted to announce that Colin Witcher of Chambers’ Crime and Regulatory Team has been appointed as a Deputy District Judge by the Lord Chief Justice upon the recommendation of the Judicial Appointments Commission. The same follows an open competition.

Head of Chambers Kerim Fuad QC observes:  “Chambers congratulations Colin on his well deserved appointment. This is a particularly special moment for Chambers in that this is our first home-grown appointment to the Bench, Colin having been my first Pupil in Silk. We have a fantastic selection of Recorders and DDJs in Chambers and a new addition to that group is wonderful news”

Colin will sit several weeks a year as a Deputy District Judge: his busy practice otherwise remains unaffected. 

Amjad Malik QC was instructed to defend Ian Stewart in his murder trial, transferred from the Central Criminal Court to Huntingdon Crown Court before Mr. Justice Bryan.

The defendant now faced a second murder allegation, re-investigated immediately upon his conviction in 2017 for the murder of his then fiancé, the famous Children’s author, Helen Bailey. The Defendant received a life sentence with a minimum term of 34 years imprisonment for that previous conviction.

The Defendant’s wife of 24 years, Diane Stewart, a diagnosed epileptic, had died in 2010 in unwitnessed circumstances. Mr. Stewart called emergency services and his wife was found to be lifeless. The Coronial post-mortem findings found the cause of her death to be SUDEP (sudden unexplained death in epilepsy). The Defendant then consented to his wife’s brain being retained for research and as a result was available after his subsequent conviction for the murder of Helen Bailey.

The brain was examined by a Consultant neuro-pathologist and showed changes consistent with restriction of blood/oxygen supply to the brain of 35 minutes to an hour. The Prosecution allegation was the Defendant had asphyxiated his wife by placing a plastic bag over her head and left her to die for up to an hour before calling for an ambulance.

The case had an array of defence medical experts in the area of SUDEP and the trial lasted some four weeks. The Defendant was convicted and received a whole life order for the murder of Diane Stewart.

Amjad Malik QC was said to have conducted the defence of Mr. Stewart with great composure, skill and ensured that the jury considered the case with meticulous care.

https://www.theguardian.com/uk-news/2022/feb/09/ian-stewart-the-narcissistic-serial-killer-who-fooled-everyone

https://www.bbc.co.uk/news/uk-england-cambridgeshire-60233593

https://www.youtube.com/watch?v=vvIx5_Vk5BM

Lewis Power QC has been featured today in the “Times Lawyer of the Week” for his monumental achievement in quashing a woman’s conviction for ‘lying’ in a gang-rape case in Cyprus.

The full article can be read here.

Lewis Power QC worked in conjunction with Michael Polak.

The jury took just 3 hours in this 2 week trial to acquit the defendant who had been accused of the attempted murder and S18 Wounding of his step- father.

The defendant claimed he had always acted in self defence of his mother. Lewis led Jay Shah of Stephen Rimmer Solicitors.

On Monday the Supreme Court of Cyprus allowed the appeal of the young British teen who now has had her conviction for ‘lying’ about Cyprus gang rape by 12 Israeli students overturned. This young girl, 18, was thrown in jail for five weeks while her alleged attackers were freed to a heroes’ welcome as prosecutors instead charged the girl with lying to officers. Following a harrowing trial, of which it is now accepted was materially flawed and outrageously unfair rendering the conviction unsafe, the young woman was given a four-month suspended sentence for public mischief last year but the Cyprus Supreme Court has now overturned that ruling, after hearing, inter alia, that the judge ignored expert evidence and did not allow her to present her case. The arguments of the defence, put forward by the crack team of Church Court Barristers ( instructed by Justice Abroad) and their Cypriot Lawyer Counterparts, Nicoletta Charalambidou and Ritsa Pekri, were successful in virtually all their pleaded grounds of appeal.

Lewis Power, QC, states: ‘The Supreme Court of Cyprus have handed down their landmark decision and allowed the appeal of this young woman. In doing so they have quite properly recognised the serious flaws in the investigative and trial process and her unjust treatment. This was the most deplorable of cases in which a myth was created denying the existence of gang rape, a myth which justified the rapists’ behaviour, shifting the blame on to the victim. This is not just a victory and total vindication for the Appellant but for all those woman around the globe who have been both denied and wronged in justice. This case in my view has highlighted the injustice of justice.’

Commenting on the girl’s ordeal, Lewis Power QC added:’ This young lady has had to deal with the most ghastly sexual ordeal, a shoddy Police investigation, an over-bearing trial Judge, imprisonment and strict bail confinement in Cyprus. She has been vilified in social media, yet she has stood firm in her pursuit of justice. Her fortitude, bravery and strength over these past few years has been quite remarkable. Her resilience has been exemplary and she has shown true grit, determination and an unbelievable inner strength and we celebrate her courage. She has had to endure the victim blaming attitude which has oft become entrenched in society and indeed has become institutionalised within many criminal justice jurisdictions.

‘Throughout this case, the old adage came to mind ‘Not everything that is faced can be changed, but nothing can be changed until it is faced’. This is what this woman has adhered to.

‘We hope today that this ground-breaking decision will send out seismic waves across the world, which we hope will lead to radical legal reform in sexual assault cases and will eradicate injustice where there has been silencing and exclusion.’

Michael Polak has commented to the International Press that the teenager and her female lawyers had been shouted at and “treated with contempt” during the trial. He said : “We have always maintained that our client was not given a fair trial and today the Supreme Court of Cyprus has agreed with us ; Important fair trial provisions, which are in place to prevent miscarriages of justice, were totally disregarded in this case. A young and vulnerable woman was not only mistreated when she reported the rape to the police, but then she was just put through a trial process that was manifestly unfair, as the Supreme Court has recognised.”The defence team are now considering the consequences of this acquittal by the Supreme Court which includes manifestly the failure of the authorities to effectively investigate the rape claims. This is what we will now pursue.

Mike Fullerton obtains an acquittal for client in multi-million pound count of money-laundering after a 4 week trial at Southampton.

The case concerned illegal streaming and converting criminal property contrary to s.327 of the Proceeds of Crime Act.

Church Court Chambers’ Michael Polak has begun his term as the Chair of the Bar Council’s Young Barristers’ Committee (“YBC”) for 2022. Michael was elected as Vice-Chair of the Young Bar in 2020, a position which results in a term as Chair in the following year.  

The YBC represents the interests of barrister pupils and new practitioners within 7 years post-pupillage and is mandated to: take such steps as seem likely to promote the interests of the Young Bar having regard to the interests of the Bar as whole; advise the representative committees of the Bar Council on all matters which are of particular concern to young barristers, or upon which advice is sought by other representative committees of the Bar Council; and to support the strategic aims of the Bar Council, as published.

For all matters in regard to his role as Chair of the Young Barristers’’ Committee, Michael can be contacted by email (YBC@BarCouncil.org.uk)

Yasin Patel has been instructed to represent a leading International Athlete in the Court of Arbitration for Sport (CAS) Proceedings.

The charges from the International Olympic Committee are based upon alleged Anti-doping Rule violations at the Tokyo Olympics last year.

The matter is due to be heard at the CAS later this year as the question of whether there has been the presence of prohibited substances in the Athletes sample, analysis will be determined by arbitrators.

Yasin Patel is a barrister at Church Court Chambers and a Director of SLAM who deals with all aspects of Sports Law.

The Appeal against sentence involved arguments as to the appropriate weight to be placed upon offenders own attempts to remain ‘drug free’ and rehabilitate when considering the imposition of a mandatory ‘third strike’ burglary sentence.

Working tirelessly with Glen Henry of Bennett and Co the appeal was successful.

On 17 January 2022, George’s client was discharged by a District Judge at Westminster Magistrates’ Court; his extradition having been requested by Romania where he had been sentenced in his absence to 5 1/2 years custody for cultivation and supply of cannabis.

The full extradition hearing had taken place in December 2021. It was a very interesting case where the requested person was a qualified medical doctor who suffered from severe mental illness including PTSD which was attributed to an ‘undisclosed incident‘ that he suffered within a Romanian prison. The requested person was unwilling to go into the details of this horrific incident due to its nature. However, the expert consultant psychiatrist called on his behalf at the hearing gave evidence, that was entirely accepted by the District Judge, that this PTSD was severe and would worsen if the requested person were extradited.

This was a highly unusual case and the District Judge indicated that it was the longest judgment he had ever written.  Ultimately, the requested person was discharged on the grounds that to extradite would be “oppressive” within the mearing of s.25 of the Extradition Act 2003 and also, relatedly, disproportionate in terms of Article 8 of the ECHR.

The client, was, understandably, overjoyed and stated that the judgment had ‘given him his life back.’

George was instructed by Magdalena Motyl of Bark & Co

Mr Kerim Fuad QC’s client was a 16 year old defendant who was on trial both for the Murder of a 19 year old, and the S.18 attack of the deceased’s father.

On 14^th January 2022, after a 10 week, 4 handed trial, which began in November 2021, Mr Fuad QC’s client was unanimously acquitted of Murder and S.18

Two defendants were convicted of Murder.

Mr Fuad QC’s client and one other were convicted of manslaughter/S.20.  

The prosecution case was that his client had participated with 3 other defendants in 2 separate attacks on vans on successive days in February 2021. Both attacks involved tailing the target van for some distance into the same Close and then running out to use machetes and bats, to damage the vehicles and on the second occasion the front passenger was stabbed to death with a machete and the driver had his arm broken by a baseball bat. One defendant attempted to run a cutthroat defence against his client.

Mr Fuad’s client was alleged to have participated in wealding a large machete, which two independent eye witnesses saw, claiming that he sheathed and hid the machete as he ran away. He was captured on CCTV. He was wearing a mask, his DNA was found all over the series of weapons including machetes, knives and sheathes which were all later found. The blood of the deceased was found on his jacket. He had later got rid of his mobile telephone. He answered ‘no comment’ in interview and did not give evidence.

Mr Fuad QC’s incisive and sensitive cross examination, supreme mastery of both the CCTV and telephone material, combined with his trademark opening speech was something from which the prosecution case never recovered. His meticulous cross examination of the crown’s scientific expert shook the foundation of the crown’s case.

Mr Fuad QC led the extremely able Kim Preston of 4 KBW. He was instructed by Heather Howe and Adonis Daniel of “Andrew Storch Solicitors” who put in an equally hard and committed shift.

Glenn Harris was instructed by a top defence firm of Solicitors VHS Fletchers in Nottingham and secured an acquittal for an talented drill musician as opposed how he was portrayed by the prosecution – as an alleged gang member charged with conspiracy to supply a firearm with intent to endanger life.

Glenn Harris secured a memorable and much lauded acquittal of a supposed gang member by advancing a defence which included adducing ‘drill music’ which seemed counter-intuitive and contrary to the judges ruling preventing the prosecution from adducing such evidence.

By use of an expert in drill music and adroit cross-examination of the officer in the case, Glenn was able to demonstrate an ignorant and un-objective police investigation. This was relevant to this case and to explain a previous conviction for a similar matter (denied by defendant – for a case before Glenn was instructed) which the prosecution were allowed to adduce in evidence.

By demonstrating that the police had potentially erroneously mistook ‘gang’ membership with lawful involvement  in drill music, and by advancing an alternative explanation for the telephone communication Glenn secured a unanimous acquittal and was able to question whether the defendant was in fact guilty of the earlier conviction.

In a Judgement handed down on 7th January 2022 at the Central London County Court by Her Honour Judge Baucher, Jibreel secured Judgment for the Defendant.

In a case concerning a friendly 11 a side game at Middlesex Stadium in 2016, the Defendant accidentally injured the Claimant (resulting in an unfortunate leg break) with a sliding challenge in an attempt to prevent the Claimant scoring a goal.

Amongst other submissions, Jibreel maintained that the tackle was committed late but nothing more than an error of judgment and relied upon case law reinforcing that position. Jibreel further emphasised that the timing of the challenge was crucial in determining the Defendant’s error of judgment.

Her Honour Judge Baucher concluded that [at 74]:

“I am satisfied that this was a late tackle but late in the context of a fast moving football match. I am not persuaded that in acting as he did that the Defendant was reckless or negligent. It was an unfortunate error of judgment and no more.”

Jibreel was instructed by Naresh Kapoor of Kingsfields Solicitors.

Daily Mail

Church Court Chambers’ international human rights barrister Michael Polak, drafted a formal written complaint which has been submitted to the International Olympic Committee’s (IOC) Ethics Commission through the Ethics and Compliance Officer alleging breaches of the Olympic movement’s ethical principles. Michael was instructed by the NGO Safeguard Defenders.

The submission argued that the actions of IOC President Mr. Tomas Bach, Chair of the IOC Athletes’ Commission Ms. Emma Terho, and IOC Member in China Ms. Li Lingwei, in taking part in a virtual meeting set up by the Chinese authorities with the tennis player Peng Shuai, who appears to be subject to a routine form of Chinese Residential Detention, whilst failing to call for an investigation into her sexual abuse allegation against Chinese ex State Council Vice Premier Zhang Gaoli or for her to be able to leave China or speak freely, is a breach of the ethical principles under the IOC’s Code of Ethics.

It was submitted that the IOC’s actions increased the immediate danger that Peng Shuai faces and it was noted that the continued use of Residential Surveillance at a Designated Location, and Residential Surveillance, and forced confessions/retractions used by the Chinese authorities are breaches of international law.  Therefore, the participation of Mr. Bach, Ms. Terho, and Ms. Lin Lingwei, a previous National People’s Congress delegate, was a breach of their duty to uphold the IOC’s Code of Ethics and to “use due care and diligence in fulfilling their mission”, to respect “universal fundamental ethical principles” and to respect “international conventions on protecting human rights”. The complaint also submitted that  Mr. Bach, in failing to call for a proper and full investigation of the sexual abuse allegations, had also breached the duty to reject “all forms of harassment and abuse, be it physical, professional or sexual, and any physical or mental injuries”.

Safeguard Defenders Director, Peter Dahlin, who was once himself subject to arbitrary detention and forced confession in China, stated in a recent open letter that, ‘Peng Shuai’s abrupt disappearance, her inability to engage in her regular life, and the string of ever stranger public statements and/or appearances, indicates beyond doubt that she is under police control’ and that ‘it is likely that Peng is either kept… [under] house arrest, Residential Surveillance at a Designated Location or placed under control outside of any legal measures’. The open letter went on to note that ‘Peng Shuai’s undisclosed video-calls heralded by IOC executives in international media were like clockwork, as they responded to international criticism’ and that ‘everything indicates she is and will remain under strict control […] to ensure her #metoo allegations do not take hold, as such allegations are considered a threat to the CCP’s hold on power.’

Upon submission, Michael Polak stated that, ‘It is clear that the way Mr Bach and the IOC leadership have behaved in relation to the censoring of Peng Shuai and the terrible situation she is in under the control of the Chinese authorities, has fallen below the standard one would expect of an international organisation. The IOC should be safeguarding the rights of athletes rather than purely focusing on seeking to salvage the Beijing 2022 Olympics from being a PR disaster. The Ethics Commission is supposed to hold IOC members and its executive to account. If they are unwilling to do this, then states around the world must call for a proper independent body to do so.’

Michael Polak is available to be instructed for international law and human rights matters by contacting the clerks room on +44 20 7936 3637 or by email clerks@churchcourtchambers.co.uk 

This was a complex case involving a defendant of good character and an allegation of Rape dating back 40 years. The complainant had a number of difficulties which meant that the cross examination had to be undertaken in a particularly sensitive manner.

Counsel was instructed by Glen Henry of Lawtons Solicitors.

On 2 December 2021, George’s client, N.R. was discharged by a district judge at Westminster Magistrates’ Court. 

This followed a 4-day extradition hearing in September when evidence was led by the defence as to Thai corruption, prison conditions, abuse of process, no prima facie case, no dual-criminality and passage of time.

However, the district judge ultimately discharged N.R. on Article 3 grounds on the basis of the Thai prison conditions. The Thai government had, at the end of the extradition hearing, sought to persuade the judge to request further information regarding prison conditions and further assurances in this regard. This was strongly resisted by the defence and the judge ruled in the defence favour. Evidence in this regard had included evidence called by the defence of previous breaches of prison assurances by the Thai government, detailed reports from authoritative international bodies and other expert evidence regarding the conditions in Thai prisons.

Therefore, N.R. was discharged; constituting yet another landmark extradition victory for George Hepburne Scott.

George was led by Mark Summers, QC of Matrix and both were instructed by Giovanna Fiorentino of Lansbury Worthington

Yasin Patel of Chambers has been asked to advise and assist a number of International and County Cricketers who have come forward with complaints of racism from clubs, coaches, players and persons in authority.  The players, all of black and Asian origin, have highlighted issues and examples from the 1990’s and up to the current time of what they have experienced at all levels of the Sport and beyond including verbal abuse, institutional racism, direct and indirect discrimination, unfair bias, prejudice, unlawful employment practices etc. 

With a background of advising Government Departments, International Bodies and agencies leading Anti-Racism Initiatives and Projects including Pressure Groups, Premier League Football Clubs, European Football Governing Bodies and International organisations, Yasin has a track-record in relation to Anti-Racism and Equality work and cases.  To contact Yasin, e-mail, y.patel@churchcourtchambers.co.uk or phone 077 0740 7707.

On the 12th November 2021, Church Court Chambers’ Michael Polak spoke at the World Uyghur Congress General Assembly panel in regard to the domestic law provisions which may be used to protect individuals from intense repression, such as that faced by the Uyghur people by the Chinese regime and to punish those directly responsible or complicit in such international crimes.  

The World Uyghur Congress is the democratically elected body representing the interests of the Uyghur people. Michael is regularly instructed by the WUC in cases seeking to protect the Uyghur people and other Turkic minorities in the Uyghur Region. Further details of this work can be found here, here, and here.

Michael carries out a wide range of public international and human rights work on behalf of organisations and individuals.  He can be instructed by contacting the clerks room by email clerks@churchcourtchambers.co.uk or phone +44 20 7936 3637

Jackson Sousa, the World-wide Jiu Jitsu celebrity and distinguished Martial Artist has, been cleared of allegations of misconduct before an Independent Safeguarding Review Committee.  Advised and represented by Yasin Patel, the decorated fighter had been “tried by social media” after accusations and allegations had been circulated and aired on various social media platforms globally leading to loss of sponsors, fights and promotions. 

However, before a Disciplinary Committee in London, the investigators came to the conclusion that Mr Sousa was Not Guilty of any wrong doing after he challenged the accusations against him as false and without merit.  In giving his evidence, he gave a full account to the body. 

Mr Sousa’s barrister, Yasin Patel, made it clear that “Mr Sousa will now endeavour to clear his name before all of the bodies where he has been suspended” as the fighter aims to continue his comeback to the top of his profession.

Today, Church Court Chambers barrister Michael Polak was awarded the prestigious International Bar Association Outstanding Young Lawyer Award for 2021.

The award is presented to ‘a young lawyer who has shown not only excellence in their work and achievements in their career to date, but also a commitment to professional and ethical standards as well as a commitment to the larger community.’ 

Michael was recognised for his international and domestic legal work, which has encompassed some of the most important and high profile cases such as the Cyprus Rape Case (see here) work for the World Uyghur Congress, his work for the Somalia Journalists Syndicate, his work making submission for ‘Magnitsky’ sanctions, and his representation in serious criminal trials as well as his charitable work during the coronavirus pandemic.

Michael Polak acceptance speech video can be viewed here.

Michael Polak can be instructed in criminal and human rights matters both internationally and within England and Wales by contacting Church Court Chambers’ clerking team by phone on 020 7936 3637 or email clerks@churchcourtchambers.co.uk

Church Court Chambers’ Lewis Power QC and Michael Polak appeared at Kingston Crown Court for a four-week retrial for the alleged mastermind of a £20 million tobacco duty fraud. Their defendant, the first on the indictment, was the only one out of 8 who was not convicted of the fraud at the original trial in the summer of 2019.

During the retrial, the jury heard evidence about the importation of 75 tonnes of raw tobacco into the United Kingdom, which the prosecution stated was then transferred to buffer companies who turned it into hand rolling tobacco without paying the duty that was due at that point. Power and Polak’s defence included detailed documentary evidence in regard to the provenance and use of large amounts of money that was transferred between several entities in the United Kingdom and abroad along with the cross-examination of tax fraud experts. After just over a day’s deliberation, which was short given the complexities of the case, the jury returned a unanimous not guilty verdict resulting Power and Polak’s defendant being the only 1 out of 8 defendants to escape conviction.

Lewis and Michael worked alongside top criminal solicitor Dr Tahir Wasti and were instructed by Lloyds PR Solicitors.

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

On 8 October 2021, Jibreel Tramboo appeared at the Upper Tribunal before Judge Smith in a claim for Judicial Review (JR) for permission to bring JR proceedings against a decision of the respondent dated 11 February 2021 to refuse the applicant’s asylum, humanitarian protection and human rights claim and certify it as ‘clearly unfounded’ under section 94 of the Nationality, Immigration and Asylum Act 2002. Permission was refused on the papers by Upper Tribunal Judge (UTJ) Sheridan on 29 June 2021.

In a renewed oral application at the Upper Tribunal, Jibreel argued on 4 grounds in the claim. However, in submissions, Jibreel emphasised particularly on the human rights ground and that the comprehensive evidence submitted by the applicant illustrated his residence within the United Kingdom for 20 years. UTJ Smith expressed that when reviewing a certification under section 94 of the 2002 Act, an applicant’s case must be taken at its highest. As such, Jibreel argued that the applicant could succeed in a human rights claim based on meeting the criteria contained in paragraph 276ADE(1)(iii) of the Immigration Rules.

To that extent, the Court granted permission on the applicant’s human rights grounds.

Jibreel Tramboo was instructed by MT UK Solicitors, Twickenham

Benjamin Aina QC and Maria Karaiskos conclude their 10 week trial at Southwark Crown Court, prosecuting the Crossharbour stabbings. The jury unanimously convicted the defendant of murdering a 19 year old man and stabbing an 18 year old with intent to cause him grievous bodily harm.

The trial was presided over by Her Honour Judge Cahill QC and sentence has been adjourned to October 2021. Benjamin Aina QC and Maria Karaiskos were instructed by the Crown Prosecution Service; the British Transport Police investigated the case.

Ciara McElvogue was instructed to represent the British Horseracing Authority (BHA) at an inquiry before the Judicial Panel of the BHA on 16 September 2021.  The Inquiry involved a high profile Jockey who was in breach of the rules of racing following the adverse finding of a banned substance, namely cocaine and metabolites in a hair sample taken from him in March 2021. 

The Judicial Panel, which plays a vital role in upholding the integrity of horseracing in Britain, suspended the jockey for a period of 6 months which is the appropriate penalty for a first breach and a positive finding of cocaine. 

The Jockey must now re-apply for his licence following the ruling of the Independent Disciplinary Panel and satisfy the licensing committee of the British Horseracing Authority that he remains a fit and proper person to hold a licence. 

Following the seismic shift in the relationship between the UK and the EU post 11 pm on 31 December 2020 (Brexit day), the extradition arrangements between the two also fundamentally altered. Or did they?

George explores this topic in the following article

On Thursday 16 September 2021, the appeal hearing was held in the Supreme Court of Cyprus in Nicosia.  Lewis Power QC and Michael Polak of Church Court Chambers assisted in bringing the appeal along with Cypriot lawyers Nicoletta Charalambidou and Ritsa Pekri.

During the hearing, the defence team expanded upon their detailed 154-page skeleton argument to explain to the Court why the conviction was unsafe. The main arguments involved submissions that a retractions statement taken from the teenager without a lawyer after over 6 hours in custody whilst suffering with PTSD should not have been admitted into the trial and that the trial judge incorrectly applied the burden and standard of proof and did not approach the consideration of each element of the offence of public mischief with an open mind.

Lewis Power QC and Michael Polak can be instructed to act in international human rights matters by contacting their clerks by email clerks@churchcourtchambers.co.uk or phone 020 7936 3637

Please see below links to other relevant news articles:

BBC

Independent

Evening Standard

Church Court Chamber’s barrister Michael Polak chaired two panels at the ground-breaking conference hosted by Newcastle University on ‘The Xinjiang Crisis: Genocide, Crimes Against Humanity, Justice’ organised by Dr Jo Riley. Michael Polak chaired a panel on ‘Pursuing Reparations for Xinjiang Harms’ on 3 Sept 2021. On this panel were Rodney Dixon QC, Marie Martin from Asia Pacific Refugee Rights Network,  John Packer from the University of Ottawa, James Goldston from New York University School of Law, and Erin Farrell Rosenberg Senior Fellow at the Urban Morgan Institute for Human Rights. This session can be viewed here https://www.youtube.com/watch?v=FqP3KRVNOfo

Michael also chaired a session on States’ Responsibility to Protect Before Genocide with Tatyana Eatwell, Luke De Pulford from Coalition for Genocide Response and Coordinator of IPAC, Tim Loughton MP, Kate Ferguson from Protection Approaches, Nury Turkel from the Hudson Institute, and Rushan Abbas from Campaign for Uyghurs. This session can be viewed here  https://www.youtube.com/watch?v=a_u5gock-ao

Michael is available for instructions in international matters by contacting his clerks on clerks@churchcourtchambers.co.uk or 020 7936 3637

Yasin Patel has been instructed to represent the World Martial Arts Champion in various disciplinary and legal proceedings.

The Word-wide phenomenon has sought Yasin’s advice, expertise and experience to represent him on several legal issues including sports law, disciplinary and governance and other serious matters both nationally and internationally.

The allegations have received a great deal of social media coverage and 100’s of articles in various publications as well as commentary on other media outlets.

Yasin Patel is a barrister at Church Court Chambers and a Director of SLAM.

We are immensely proud to announce that Guy Williamson BEM QPM of chambers has been appointed as the Vice Chairman to the British Boxing Board of Control. Guy was previously the legal advisor for the board.

The British Boxing Board of Control has been overseeing British professional boxing since 1929.

To learn more please use the following link: bbbofc

Guy Williamson, a former police officer was crowned the ABA Heavyweight and National Super Heavyweight Champion, two times Police Olympic Super Heavyweight gold medalist, Police and Fire World Games Super Heavyweight gold medallist and was also Head Coach of the multiple medal winning British Boxing Team at the 1997 Police & Fire World Championships. His deep knowledge and understanding of the world of boxing and the world of law leave him ideally placed to advise and comment on all boxing related legal matters.

Guy has previously written about the similarities between the ring and the court room and his journey from one arena to another, the article can be read here: Barristers & Boxing – Gladiators in an Alternative Arena

Jibreel has a broad mixed common law practice bringing added depth and breadth to Chambers’ sports, civil, immigration and family practice groups. Jibreel has a well deserved reputation for strong, robust advocacy coupled with excellent client care and for seeking pragmatic, commercial solutions on behalf of clients. Jibreel spent five years before being called to the Bar (in 2018) working at a solicitor’s firm gaining invaluable experience of the needs and  expectations of professional and lay clients.

Jibreel has a long standing passion for sports, having previously been part of Chelsea’s Elite Training Centre and is a qualified Football coach including currently at the Juventus Academy, London. This leaves him well placed to represent those from the world of sport. Outside of practice, Jibreel has undertaken Human Rights work with a Non-Governmental Organisation on various human rights situations across the world, including Yemen, Kashmir, Alaska, and Palestine.

Head of Chambers Kerim Fuad QC observes: “Jibreel is a perfect fit for Chambers; professional, driven and hardworking with a natural ability to instill trust and confidence. He joins Church Court at an exciting time considering the growth and development of Chambers’ sports team and we are delighted to welcome him as he continues building his already impressive practice”

For further information and to instruct Jibreel, please contact Chambers’ Senior Clerk Daniel Bartlett 

Maria Karaiskos is praised by the Court of Appeal for her written and oral submissions as she successfully defends her client’s sentence.

Luton Crown Court had imposed a suspended sentence of imprisonment on DB – a young man of impeccable character, who pleaded guilty to (1) Trespass With Intent to Commit a Sexual Offence and (2) Sexual Assault on his ex-partner. Maria represented DB in the Crown Court and was able to persuade the sentencing Judge there that there was overwhelming mitigation and a very low risk of any re-offending. There was no abuse of trust and the complainant was not particularly vulnerable.

The Solicitor-General referred this sentence to the Court of Appeal on the basis that it was ‘unduly lenient’ under s.36 Criminal Justice Act 1988. The prosecution submitted that the complainant was ‘particularly vulnerable’ within the sentencing guidelines because she was asleep and had taken a sleeping tablet at the time of the offences. 

Maria referred to a plethora of case law which demonstrated that the issue of ‘particular vulnerability’ was determined on a case-by-case basis. Although the complainant here was undoubtedly vulnerable, there was no evidence that she was ‘particularly vulnerable.’ The sentence was not one which was outside the range of sentences which a Judge, applying his/her mind to all relevant factors, could consider reasonably appropriate.

The Vice-President of the Court of Appeal Criminal Division, Lord Justice Fulford, delivered the Court’s ruling. The original sentence was upheld and the prosecution’s application for leave to appeal was refused. His Lordship stated in the judgment:

“We are indebted to Ms Karaiskos for her detailed written and oral submissions, which are to a material extent reflected in our discussion and analysis of this application, to which we now turn.”

The case is reported in full at: [2021] EWCA Crim 896.

Maria was instructed by Angie Deacon of Lawtons Solicitors.

A young boy has been acquitted of Murder and Manslaughter by a Jury after a 36-day trial at the Old Bailey.

Represented by Sarah Forshaw QC and Yasin Patel, the teenager was accused of murdering a 15-year old.  The tragic event occurred in North Woolwich in December 2020.  CCTV of the incident, showed the incident and all that had occurred in a busy public area in front of eye-witnesses and many passers-by. Although the young boy accepted that he had caused the fatal blow to the deceased, a stab wound to the chest, he had always maintained that he had acted in self-defence.

The investigation in this case involved 8000 hours of CCTV, 1000’s of telephone calls and messages and 100’s of witness statements and was made all the more challenging due to the young age of the defendant: 17-years old at the time of the incident. 

 Yasin Patel was instructed by Max Anwar of McCormacks Solicitors.

As the furlough scheme starts to wind down from the start of this month, investigations in fraud under the scheme have started to gain pace. 

In a series of Articles, Yasin Patel and Amy Hazlewood analyse some of the Key Questions and Answers for those Investigated under the Scheme.

In a follow up article, Yasin Patel and Amy Hazlewood go on to examine potential criminal offences for anyone found to have made fraudulent claims under the Coronavirus Job Retention Scheme “CJRS”.

George Hepburne-Scott won another case in the High Court on 22 June 2021.

The Appellant in the case of FT v Hungary was discharged on 22 June 2021. The appeal had been lodged in December 2019 and had then been stayed behind various leading cases relating to prison conditions in Hungary. These culminated in the Supreme Court authority of Zabolotnyi v Hungary UKSC 2019/0210. Thereafter the case was listed for a renewal hearing before Cavanagh J on 10 June 2021. At that hearing, George persuaded the Court to allow the appeal in respect of one EAW. Following this hearing, the Hungarian judicial authority conceded the other EAW and the Appellant was completely discharged on 22 June 2021.

George was instructed by Magdalena Motyl of Bark & Co Solicitors

In the case of PB v Spain, the Appellant had argued no less than nine grounds of appeal.

This was a fascinating case: There was evidence before the Court that the Appellant acted a participating informant over many years for the Spanish intelligence agencies until his cover was accidentally blown in April 2004 and blame for this was attributed to him. 

The Appellant was then arrested in the UK in relation to other criminal matters. At this time, he spoke to Special Branch and MI5, but the Spanish police refused to confirm his status as an informant. After this, the Appellant ceased co-operating with the Spanish authorities.

In April 2007, the Applicant’s status in the Spanish investigation was changed from a prosecution witness to a co-defendant by the examining judge, Judge Garzon. On 29 January 2008 the Applicant was indicted in Spain. He challenged that indictment by way of appeal to the Spanish High Court. On 22 December 2009, the indictment of the Appellant was overturned by the Spanish High Court in Madrid. The extradition request was subsequently made in an attempt to compel the Appellant’s return to Spain to face trial. This was resisted but extradition was ordered at Westminster Magistrates’ Court. The Appellant appealed.

The Appellant’s overriding case was that this was a bad faith prosecution and extradition. It was designed to manipulate a prosecution witness/undercover state agent (the Appellant) into providing evidence against co-accused. It was submitted that the judge (Judge Garzon) who orchestrated it had himself later been disbarred for his conduct in relation to another case.

In the event the Divisional Court (Singh LJ and Steyn J) did not find that any such abuse was a bar to extradition, concluding at para 123 that:

“The allegation that the police have been guilty of abuse is not sufficient to conclude that the Applicant’s extradition would be an abuse of process. If the Applicant has evidence that the police were guilty of misconduct in 2001-2004 or at another time, he will be able to make those arguments at his trial in Spain and, if they are accepted and are relevant to the issues in the trial, that will be a matter for the Spanish courts.”

However, the Court upheld the appeal and discharged the Appellant on other grounds relating to s.2(4)(c), s.2(4)(d) and s.2(3) of the Extradition Act 2003.” 

Mr George Hepburne Scott, was led by Mr Mark Summers, QC of Matrix Chambers and was instructed by Mr Keith Wood of Lewis Nedas  Law.

Click below for the published report on the case:

https://www.bailii.org/ew/cases/EWHC/Admin/2021/1776.html

Shaun Esprit of Chambers Crime and Regulatory Team successfully secured the unanimous acquittal of a defendant who stood trial for attempted murder and wounding with intent to cause grievous bodily harm.

This was a complex and highly sensitive case. The defendant had returned to his family in the UK after working in military prison camps overseas. Having suffered PTSD and psychotic symptoms as a result of his traumatic experiences, he faced trial for stabbing his wife 13 times. Key to the successful defence was the effective cross-examination of the Crown’s internationally renowned consultant psychiatrist. 

Counsel was instructed by Mr Majid Mahmood of City Law Solicitors.

On the 29th April, George secured permission to appeal in an extradition matter which was granted by Chamberlain J at a renewal hearing (C.B. v Portugal). This will now proceed to a full extradition appeal hearing at the High Court in June this year.

On the 1st June, George secured a discharge of a client following a full extradition hearing before District Judge Leong. The case involved a conviction in Sicily for mafia offences and a prison term of 7 years 4 months (Italy v B.T.). The judicial authority (through the CPS) later confirmed it was not appealing the decision.

On the 10th June, George secured permission to appeal at a renewal hearing in an extradition appeal in a case involving a Hungarian conviction for fraud totalling €350,000. On this occasion, Morris J granted permission to appeal and the full extradition appeal hearing shall now proceed before the High Court later in the year.”

Colin Witcher of Church Court Chambers was invited to join forces with Claire Anderson of ABV Solicitors to present an open and frank discussion about the law surrounding sexual offences.

The presentation, organised by Alleyn’s School, combined practical real life examples from the perspective of both lawyer and parent through Claire and the legal framework and issues from an academic and practitioner analysis through Colin. The programme formed part of a series of pastural programmes arranged by Alleyn’s School.

On 29 April 2021, George Hepburne-Scott was granted permission to appeal an extradition order make by the Deputy Chief Magistrate at Westminster Magistrate’s Court by Mr Justice Chamberlain. The case of C.B. v Portugal shall now proceed to a full appeal hearing later in the year.

George was instructed by Russell Nicholson of Tuckers Solicitors

Statement from Head of Chambers Kerim Fuad QC:  “Joanna Toch is not a Member of, nor associated with, Church Court Chambers having left us 3 years ago in July 2018. Her Wikipedia Page is not accurate.

Given that she is not a Member of Chambers or in any way connected to our business or organisation and that there have been references to potentially reporting Ms Toch to the Bar Standards Board we will not be making any comment on her recent tweets. Church Court Chambers pride ourselves on our diverse membership: there is no place for racism in any context anywhere”

George Hepburne-Scott claims a stunning victory in an Extradition case today, 1st June 2021, at Westminster Magistrates’ Court.

In the case of Italy v B.T. the defendant was discharged by a District Judge following a fully contested extradition hearing.

The defendant B.T. had been convicted of mafia offences in Sicily in 2000-2003, for which he had received a sentence of 7 years and 10 months.

B.T. had been discovered living in the United Kingdom in 2020 and arrested on a European Arrest Warrant issued by the Sicilian Court. In the hearing that followed, George led the legal team that fought extradition.

On 1 June 2021, a district judge at Westminster Magistrates’ Court gave judgment in B.T.’s favour on Article 8 and he was discharged and released from custody.

George was instructed by Magdalena Motyl of Bark & Co Solicitors

An International Cricketer who was accused of being one of “Cricket’s Match Fixers” has been cleared of alleged spot-fixing and wrongdoing.  The cricketer was advised and represented by Yasin Patel.

The allegations were broadcast on the Al-Jazeera programme, “Cricket’s Match Fixers”, in May 2018 and alleged that spot-fixing had been present in the Test Matches between India and England in Chennai in December 2016 and also against Australia in Ranchi in 2017.  In a programme aired all over the world and watched by tens of millions, the serious accusations brought many questions in relation to the credibility of International sportsmen and the teams as well alleging that the “fixing” had led to millions of dollars being made by those involved.

The allegations from the documentary were thoroughly investigated by the International Cricket Council and they came to the conclusion that the claims lacked “credibility”. 

Further details of the report can be found on the following links:

https://www.skysports.com/cricket/news/12123/12309177/icc-finds-insufficient-evidence-in-cricket-corruption-probe

https://www.bbc.co.uk/sport/cricket/57145397

Yasin Patel is a Barrister at Church Court Chambers who practices in Sports Law and Criminal Defence.

A young defendant, who required the assistance of an intermediary at his trial, was unanimously acquitted by the jury of the Rape of a 14 year old girl at her home.

She was instructed by Stephen Halloran of Lawtons Solicitors.

Maria Karaiskos prosecutes a prison officer for Misconduct in Public Office at HMP Swaleside. The prison officer had a relationship with an inmate who was serving a life sentence for murder, and subsequently gave birth to their child.

The Judge stated in his sentencing remarks at Maidstone Crown Court:

“This is not a Court of morals, but the acts you performed in a public office which led to sex in a prison, undermining all that was happening in that institution, make that a very  serious crime.”

“There are many in the community who would want to hold you up and throw stones in your direction.”

“This is probably one of the most difficult sentencing exercises I have had to perform in the course of my 18 years as a Judge.”

“This is an extraordinary case which requires an extraordinary sentence.”

“Justice tempered with mercy is not something that just exists in literature, it must be alive and well in the Courts too….”

The defendant received 16 months’ imprisonment suspended for two years.

This case was widely reported across the national press: https://www.dailymail.co.uk/news/article-9403979/Prison-officer-26-gave-birth-convicted-murderers-baby-spared-jail.html

Liam Loughlin secures a suspended sentence for his client caught smuggling a large amount of cannabis in to the United Kingdom from the United States.  

Liam was instructed by Hussain Hassan of Lawtons Solicitors

Publications: Daily Mail

A teenager on trial for serious violent offences was acquitted by a jury following a trial.  

The incident occurred in the home counties. The victim had an operation on his face after he was attacked with a knife, part of which had broken off and lodged in his face.

Leanne Brown of Cartwright King Solicitors who instructed Yasin Patel stated that she “was delighted with the teenager’s acquittal but that it seems grossly unfair that this young man should be in custody for 15 months awaiting trial.  Young people should not be waiting so long in custody. This is wrong.”

The acquitted young man was released from custody at the court. 

The client of Church Court Chambers’ Michael Polak, journalist Kilwe Farah, was released on Monday 22 March 2021. Michael was instructed in this matter by the family of Mr Farah and was working alongside the Somali Journalists Syndicate (SJS) and local lawyer Avv. Mustafe Mohamed Jama.

A day after Kilwe reported on anti-inflation rate protests in Garowe on 27 January 2020, Kilwe was unlawfully detained from a hotel in Garowe town centre. He was then held at an undisclosed PISA (security services) detention centre without access to a lawyer or his family for 16 days where he was subjected to torture. On 11 January 2021, after 16 days held incommunicado in unlawful detention Kilwe was transferred to Garowe Central Prison where he was charged with attempted murder despite the authorities never having identified anyone who he was supposed to have attempted to murder.

These charges then changed. During the court hearing on Saturday 27 February 2021, before the first instance Military Court the military prosecutor put forward five charges: Instigation of Delinquency; Instigation to Disobey Laws; Publication or Circulation of False, Exaggerated, or Tendentious News Capable of Disturbing Public Order; Offence against the Authorities by means of Damaging Posters; and Bringing the Nation or the State into Contempt.  Mr Farah was then sentence to three months imprisonment, despite there being no evidence against him, which should have resulted in him being freed immediately to return to his family. However  subsequently, the Military Prosecutor appealed against the sentence and in a farcical hearing within Mr Farah’s gaol cell the appeal was allowed and Mr Farah was sentenced to 3 years imprisonment.

After extensive advocacy, in the African media, at the United Nation’s level with submissions to the Working Group and Special Rapporteurs, with Somalia’s international partners, and to the African Commission on Human and Peoples’ Rights, Mr Farah was freed under presidential pardon on Monday.  

Mr Farah stated “I am glad to be freed today. I am doing well and back to my family. I thank SJS and its lawyers Avv. Mustafe Mohamed Jama and barrister Michael Polak for their long efforts to my freedom,” shortly after his release from the Garowe Central Prison.

Michael Polak stated ‘It is fantastic that Kilwe is now free and back with his family. However, it should be remembered that he was seized because of his media work, kept incommunicado in an illegal secret detention centre, then subject to proceedings which were farcical including an appeal which was heard in his prison cell without a lawyer.  Kilwe should not have spent the last three months away from his family in a precarious position and the international community must do more to protect media freedom throughout Somalia.”

The case was covered in the media here:

https://hornobserver.com/articles/758/Somalia-Journalist-Kilwe-finally-free-after-84-days-in-prison-on-spurious-allegation

https://www.modernghana.com/news/1059221/sjs-barrister-michael-polak-of-church-court-chamb.html

https://wardheernews.com/puntlands-kangaroo-military-court-sentences-journalist-kilwe-to-three-years-in-jail/

https://www.hiiraan.com/news4/2021/Mar/182063/puntland_journalist_freed_from_prison_after_receiving_pardon.aspx

https://www.horndiplomat.com/2021/02/27/after-60-days-in-jail-freelance-journalist-kilwe-faces-new-charges-by-puntland-authorities/

https://diplomat.so/articles/88/Communication-Submitted-to-African-Commission-on-Human-Rights-for-Kilwe-Farah-Journalist-Detained-in-Puntland

Michael Polak is available for a range of international law and human rights matters including representation and assistance for journalists and media organisations. Michael can be instructed by contact Church Court’s clerking team on by email clerks@churchcourtchambers.co.uk or phone +44 020 7936 3637

On 22 March 2021, George Hepburne Scott’s client, P.T. was discharged by a District Judge at Westminster Magistrates’ Court following a contested extradition hearing earlier in the month. At the hearing, the defence team led by George Hepburne Scott had raised issues under the Extradition Act 2003 as follows: s.2 (was Poland to still be considered a judicial authority, s.14 (passage of time), s.20 (trial in absence), and Article 8 of the European Convention of Human Rights.

Ultimately, the District Judge discharged R.T. purely on Article 8 grounds on the basis on the nature of the offending, the age of the offending (18 years old) and the impact of extradition upon P.T. and his wife.

George Hepburne Scott commented: ‘an incredibly satisfying result which serves to underline the importance of raising every single objection that you properly can in fighting extradition requests.’

George was instructed by Magdalena Motyl of Bark & Co Solicitors

On Thursday 18 March 2021 Church Court Chambers’ barrister Michael Polak spoke on the Centre for Turkey Studies’ Panel on “Does China’s Ongoing Persecution of the Uighurs Amount to Genocide, and What Can the International Community Do About it?”. Other speakers in the panel included Stephen Kinnock, Shadow Minister for Asia and the Pacific, Rahima Mahmut, UK Project Director for the World Uyghur Congress, Emily Thornberry, Shadow Secretary of State for International Trade, and Matthew Turner Chair of the Labour Campaign for Human Rights.

The event was recorded and can be watched here from 9”10.

Michael chairs Lawyers of Uyghur Rights and is on the Advisory Committee of the World Uyghur Congresses’ London Office.  Michael’s work for the WUC has included recent submission in regards to the Beijing 2022 Olympics, work in regards to Huawei 5G tendering, and presenting at their Congress in Washington.

Michael Polak is available for instruction in human rights or international law matters by contacting our clerking team by email clerks@churchcourtchambers.co.uk or phone +44 020 7936 3637

On 18 March 2021, George Hepburne Scott’s client, B.F, an Antiguan national, was sensationally discharged from his extradition proceedings at Westminster Magistrates Court following a contested case. 

B.F. had been arrested at Gatwick airport on 20th January 2020. He was arrested on provisional warrant issued by the National Crime Agency under s.74(B) of the Extradition Act 2003 pursuant to an Interpol Red Notice issued by the USA. 

The allegation was that B.F. had committed an offence of possession of a firearm (.32 calibre revolver loaded with two .32 calibre rounds), had been bailed in New York and then, 24 January 1991, failed to appear at his hearing.

The extradition proceedings had then commenced at Westminster Magistrates’ Court. Upon further examination by the defence team led by George Hepburne Scott, it transpired that the Red Notice was not applied for until 4 February 2015, some 24 years after the US domestic warrant was issued. 

This gave rise to powerful arguments that the passage of time and culpable delay had fundamentally undermined the extradition request: B.K.’s life had profoundly changed in the period; He had led a blameless life including having been employed as a police officer in Antigua. 

The defence therefore made repeated and powerful representations to the relevant US District Attorney in New York through the Crown Prosecution Service International Justice and Organised Crime Division. This persistence finally paid off when the US confirmed on 17 March 2021 that it was no longer pursuing the case against B.F. and he was sensationally discharged and released on 18 March 2021.

George Hepburne Scott commented: “we are delighted with yet another stunning extradition victory and will continue to ruthlessly defend our clients with all reasonable force and utilising all legal means at our disposal“. 

The Solicitor in the case was Giovanna Fiorentino of Lansbury Worthington

Chiara Maddocks, Fiona McAddy and Amy Hazlewood feature in this years SEC Twitter campaign celebrating International Women’s Day.

This year’s theme is #ChooseToChallenge.

Today is International Women’s Day 2021. 

This year’s theme is “Choose To Challenge”.

Today we celebrate the Women at Church Court Chambers.

#IWD2021 #ChooseToChallenge 

Church Court Chambers’ Michael Polak, who is instructed by the family of the journalist Kilwe Farah and is acting with the Somali Journalists Syndicate (SJS) has submitted a complaint to the African Commission on Human and Peoples’ Rights (the “ACHPR”). The complaint concerns the breach of journalistic rights, as Kilwe Farah has has been unlawfully detained and subjected to criminal proceedings simply because of his media activities. 

A day after Kilwe reported on anti-inflation rate protests in Garowe on 27 January 2020, Kilwe was unlawfully detained from a hotel in Garowe town centre. He was then held at an undisclosed PISA (security services) detention centre without access to a lawyer or his family for 16 days where he was subjected to torture. On 11 January 2021, after 16 days held incommunicado in unlawful detention Kilwe was transferred to Garowe Central Prison where he was charged with attempted murder despite the authorities never having identified anyone who he was supposed to have attempted to murder. 

These charges have since changed. During the court hearing on Saturday 27 February 2021, before the first instance Military Court the military prosecutor put forward five charges: Instigation of Delinquency; Instigation to Disobey Laws; Publication or Circulation of False, Exaggerated, or Tendentious News Capable of Disturbing Public Order; Offence against the Authorities by means of Damaging Posters; and Bringing the Nation or the State into Contempt. 

On 4 March 2021, despite no evidence being presented before the Court, the Court found Kilwe guilty of these offences and sentenced him to three months imprisonment in what looked like an attempt to save face for the authorities. This should have resulted in Kilwe being released on Saturday 6 March 2021 however Kilwe’s legal team have found out that the Prosecution are frustrating Kilwe’s release by appealing against the sentence that he was given. It is unclear how long this will take however Kilwe’s family are desperate to have him home after his terrible ordeal. 

Michael Polak, who submitted the communication to the African Commission, stated that: 

‘What has happened to Kilwe is a cautionary tale about the treatment of journalists by oppressive regimes around the world when there are balances on their power. 

The authorities have disappeared Kilwe, held him in illegal detention, charged him with the spurious offence of attempted murder, when the authorities were unable to identify anyone who he attempted to murder, then changed the charges to those clearly related to his work as a journalist. Then the Court, despite there being no evidence against Kilwe on these new charges have found him guilty in order to save face for the authorities. 

We hope that the international submission to the African Commission will shine a spotlight on the repression of journalists such as Kilwe and that shining the spotlight on media freedom in Somalia will improve conditions for the very brave journalists in Somalia who play an important role informing the Somalian people of what is happening in their country.” 

Somali Journalists Syndicate (SJS) Secretary General, Abdalle Ahmed Mumin said, 

“The Somali Journalists Syndicate is very pleased to have Michael Polak working with us on Kilwe’s case as this is an egregious example of the repression frequently faced by our brave members across Somalia. 

As well as making submissions to the international bodies specially in relation to Kilwe’s case he has also made submission to the United Nations’ bodies based on the evidence in our extensive reports about the widespread attacks on journalists in Somalia including killings, arbitrary detention, the seizure of cameras and other equipment, and the banning of newspapers and broadcast media. We hope that the international community will finally stand up for press freedom in Somalia which is essential for the development of the country and stability in the region.’ 

This case has been reported in the press:

https://hornobserver.com/articles/692/SOMALIA-SJS-Barrister-Michael-Polak-of-Church-Court-Chambers-and-Justice-Abroad-call-for-Puntland-authorities-to-drop-charges-and-free-journalist-Kilwe

https://hornobserver.com/articles/681/SJS-and-Barrister-Michael-Polak-call-on-Somalias-Puntland-authorities-to-drop-politically-motivated-charges-and-free-journalist-Kilwe

https://www.modernghana.com/news/1059221/sjs-barrister-michael-polak-of-church-court-chamb.html

Amy Hazlewood of chambers has been awarded a Criminal Bar Association Bursary.

This a highly sought after award in a very competitive event and we are thrilled that it has been won by one of our own.

For more information about instructing Amy, please contact our Clerks Room on, 020 7936 3637

Tomas McGarvey and Yasin Patel of Chambers Crime and Regulatory Team are successful in their respective applications to dismiss in relation to a multi-handed Class A drug supply case. 

Yasin Patel represented a 17 year old schoolboy charged with possession with intent to supply Class A drugs. 

Tomas McGarvey represented an 18 year old university student, also charged with possession with intent to supply Class A drugs. 

The case involved a police search at an address where both defendants were residing at the time. The applications involved a detailed assessment of the evidential value of numerous items seized at the property, which included a significant amount of Class A Drugs, paraphernalia linked to the supply of drugs and mobile telephones. 

The case continues against a third defendant. 

Yasin Patel instructed by McCormacks Solicitors and Tomas McGarvey instructed by Freemans Solicitors.  For more information about instructing Tomas or Yasin, please contact our Senior Clerk, Daniel Bartlett, on 020 7936 3637

Benjamin Aina QC and Maria Karaiskos conclude an intense trial lasting almost four months at the Old Bailey in front of The Common Serjeant. Four defendants charged with offences arising out of a fatal stabbing in East London in 2019, two of those defendants aged 14 and 16 years old at the time and charged with murder.

Complex evidential issues arose during the trial, which Benjamin and Maria challenged with written and oral submissions at every stage, including:

1- DNA: the reliability and admissibility of Likelihood Ratios based on a mixed profile of four or more contributors; interpretation of statistical match probabilities; relevance of the DNA of a potential female relative to the sample; lengthy cross-examination and s.78 PACE arguments on expert evidence from EuroFins forensic laboratory.

2- Article 8 ECHR: admissibility of electronic tag data inadvertently monitored by curfew units installed at unknown addresses throughout London; Right to Privacy encroached by this intrusive surveillance; defendants subject to tag unaware their movements were being monitored.

3- Bad Character Evidence: admissibility of gang affiliations and previous convictions, s.101(1)(d) Criminal Justice Act 2003

4- Articles 5 and 6 ECHR: custody time limits and listing of trial during the current pandemic; prioritisation of case based on young age of defendants.

Benjamin and Maria were instructed by Emi Puri from Henscott Solicitors. 

MOGADISHU, Somalia/ LONDON, UK 2 February 2021 – Somali Journalists Syndicate (SJS) and Barrister Michael Polak of Church Court Chambers and Justice Abroad strongly condemn the continued detention of freelance journalist Kilwe Adan Farah by Puntland authorities since 27 December, 2020 over politically motivated charges and calls for his unconditional release.

On the evening of 27 December 2020, officers from PISA (Puntland Intelligence and Security Agency) in Garowe, the capital of Puntland State, detained journalist Kilwe, who reports for Kilwe Media Inc, a Facebook news page he co-founded. The arrest came a day after anti-inflation protest hit Garowe town, which Kilwe covered.  Mr Kilwe’s broadcast of the protests were shared widely and it is believed that this is why he was seized. He was held at an undisclosed PISA detention centre without access to his family or a lawyer in contravention of Article 27 of Puntland’s Constitution which provides that an accused person shall not be detained in a facility that is not legally recognized and that the accused be brought before a court of law within 48 hours.

On Monday 11 January 2021, without the knowledge of his family and without the presence of lawyers, Kilwe was transferred to Garowe central prison and was reportedly charged with “attempted murder” by the Puntland military court. This is a charge which can be punished with the death penalty in Puntland.  Family members said they did not see the charge sheet but that the charges were only read to them by a military court official. Further, no information as to who Kilwe was alleged to have attempted to murder was provided and it is understood that no evidence exists.

According to local defence lawyer Avv. Mustafe Mohamed Jama who is working with Mr Polak and the SJS to push for Kilwe’s release, Kilwe appeared before the military court on Tuesday morning,  2 February 2020, but the Prosecution was not able to provide any evidence in regards to the charges he faces for the court to accept the case. The lawyer also wrote to the military court questioning the court’s jurisdiction over Kilwe case.

According to article 87 of the Puntland Constitution, the military court only has jurisdiction over members of the armed forces and therefore the military court has no jurisdiction over Kilwe’s case as he is a journalist and therefore a civilian.  We have requested the court to give Kilwe’s freedom back,” Lawyer Mustafe Mohamed Jama wrote to the military court on Tuesday morning.

Barrister Michael Polak from Church Court Chambers and Justice Abroad who is working as a team with Mr Jama and the Somali Journalists Syndicate has submitted applications to the United Nations’ Working Group on Arbitrary Detention, UN Working Group on Enforced and Involuntary Disappearances, the UN Special Rapporteurs on Freedom of Opinion and Expression, and the UN Special Rapporteur on Torture.   The legal team has also reached out to Somalia’s international partners to raise Kilwe’s plight.

On 1 February 2021, Kilwe was nominated among the 10 Most Urgent Press Freedom cases for February 2021 by the One Free Press Coalition, which is an international coalition of media houses and organizations that stand up for journalists under attack for pursuing the truth worldwide.

Michael Polak of Church Court Chambers and Justice Abroad said:

“It is frightening that someone like Kilwe can be disappeared for 16 days simply for reporting the news. This is in breach of Puntland’s legal provisions as well as the obligations of Somalia under international law. It is imperative that the Puntland Authorities heed the call to release Kilwe so he can return to his wife and children.”

Abdalle Ahmed Mumin, Secretary General of the Somali Journalists Syndicate said:

“Curtailing press freedom through intimidation and false charges is alarming and is against both Federal and Puntland constitutions which guarantee the freedom of the press.  We call for the Puntland authorities to immediately and unconditionally release Kilwe and allow him to freely exercise his journalistic duties without fear or reprisals.”

Alex’s client was arrested together with 2 others for allegations of Conspiring to murder his ex-wife and other offences against her which the Prosecution argued had the hallmark of classic honour based violent crimes. 

He was charged with Attempted Kidnapping, Making Threats to Kill, Assault Causing Actual Bodily Harm and Theft.  The prosecution considered but eventually decided not to add a count of Conspiracy to murder.

Following a jury trial that lasted over a month, Alex’s client was unanimously acquitted of the Attempted Kidnapping and Theft charges. The jury could not reach verdicts on the Making Threats to Kill and ABH charges. The prosecution decided not to have a re-trial on these 2 counts and Alex’s client was immediately released.

Alex Balancy was instructed by Foxes Solicitors.

Head of Chambers Kerim Fuad QC features in a documentary to be aired by Sky Crime concerning a high profile and sensitive murder case recently handled by Kerim. The case concerned the artist and grandmother Valerie Graves, who was murdered in a horrific attack just days after Christmas while housesitting a million-pound property. Kerim’s involvement in the documentary was filmed in Chambers’ new premises within Southampton Buildings. 

Kerim is a highly respected Criminal Silk with one of the leading directories observing that; “He has the jury eating out of the palm of his hand”. He is widely recognised as the go-to Silk for complex Murder cases at the Old Bailey. 

For media enquiries or instructions please contact Chambers’ Practice Director, Rod McGurk.

Please see the following link to view the documentary:

“Killer in my Village – Series 4 – Episode 9 – Valerie Graves”

Following convictions for serious financial offences totalling £60 million, defendants appeared before the Royal Courts of Justice (“RCJ”) in a lengthy confiscation hearing where evidence from live witnesses, experts and defendants started being considered today.  Yasin Patel and Amy Hazlewood, specifically instructed for the confiscation hearing, represent one of the main defendants.

The proceedings before the RCJ will consider the Prosecution application to confiscate assets that include property, money, land, houses, jewellery and various other items associated with the defendants.  As well as assets in the UK, a great deal of the items are alleged to be hidden and available abroad in a Prosecution case that has taken many years to prepare.  

Yasin Patel and Amy Hazlewood are instructed by Rustem Guardian Solicitors. 

Islam khan invited to talk as immigration panellist to the Bangladeshi lawyers association on deportation and an update on the unduly harsh test.

Click on the following link download the slides – Deportation and Unduly Harsh Test

George Hepburne Scott continues to enjoy a series of successes for his clients in Extradition cases at Westminster Magistrates’ Court:

On 22 October 2020, following lengthy legal argument, in the case of Romania v G-A.P, George secured the discharge and immediate release of his client by successfully opposing the Romanian Judicial Authority’s application to adjourn to secure an assurance re prison conditions. In the absence of that assurance District Judge Bristow discharged the requested person under s.21 of the 2003 Act. George had relied upon the Divisional Court case of Adamescu v Romania [2020] EWHC 2709 (Admin), Article 17 of the European Council Decision re EAW’s, the Criminal Practice Direction 50.A and Criminal Procedure Rules 50.2. George was instructed by Clement Idowu of Criminal Defence Service.

On 12 October 2020, following a full extradition hearing, in the case of Poland v M.N. George’s client was discharged on a Polish EAW alleging possession of amphetamine and cannabis. The client was discharged on the basis of s.21A proportionality following legal submissions at the extradition hearing. George was instructed in this case by Magdalena Motyl of Bark & Co Solicitors.

On 11 September 2020, in the case of Belgium v SH, George’s client, an Albanian national, was sensationally discharged on an extradition request from Belgium alleging triple-murder. The client was discharged following complex legal argument regarding reopening the identity issue after the initial hearing.  On this occasion the client was discharged by District Judge Goldspring. George was instructed by Giovanna Fiorentino of Lansbury Worthington Solicitors on this case.

On 4 September 2020, in the case of Greece v RK, George secured the discharge of his client at Westminster Magistrates’ Court on a Greek EAW this one alleging large scale drug trafficking. The client was an Irish National. On this occasion the Deputy Chief Magistrate of England and Wales discharged George’s client. George was instructed by Magdalena Motyl of Bark & Co Solicitors on this case.

On 25 August 2020, in the case of Greece v AS, George secured the discharge of his client at Westminster Magistrates’ Court again on a Greek EAW alleging cannabis cultivation. George’s client was an Albanian national. District Judge Ezzat discharged George’s client on this occasion. George was instructed by Russell Nicholson of Tuckers Solicitors on this case.

On 24 August 2020, in the case of Hungary v TK, George secured a discharge of his client at Westminster Magistrates’ Court on a Hungarian EAW relating to multiple thefts from employer. George’s client was a Hungarian national. District Judge Snow discharged George’s client on this occasion. George was instructed by Magdalena Motyl of Bark & Co Solicitors on this case.

Tonight at 7:30pm Andrew Taylor shall be on Times Radio talking about the A G References that are currently before the Court of Appeal for Reynhard & Joseph McCann,  where the Solicitor General is arguing that Life Sentences with 30 years minimum terms are unduly lenient, and is asking that whole life terms are merited.

That of itself is highly unusual, but it may be that it is the first time that conjoined appeals of this type are argued.

Click here to redirect to the times radio site, Times Radio

On 10th October 2019 at 3.19 pm, a boy boarded the 241 bus on the way to Stratford wearing a balaclava and armed with a very large hunting knife. He proceeded to knife two 15-year-old schoolboys a total of 4 times, in front of terrified passengers, before running off the bus after B. A. who later died of his stab injuries.

The client of Mr Fuad QC and Maria Karaiskos was also a 15-year-old schoolboy and was carrying an identical hunting knife in his rucksack which he was seen on CCTV to take out on the same bus to inspect. The defendants’ knives had been bought together. He was alleged to have been the look out and the one who “tipped off” his best friend from the top deck via a lengthy phone call, and other phone calls, to know which bus the deceased and his friends were on and pinpointing where the bus was.

There was previous Snapchat talk involving all the boys in which knives were talked about and threats were made, including who was going to “be the first to be on someone’s blade.”

Their client was acquitted of all 4 counts.  

This acquittal adds to Mr Fuad QC’s quite extraordinary record of Murder acquittals, in particular over the last 10 years.

The other defendant was unanimously convicted of the Murder of B. A. He will be sentenced in due course following probationary reports.

This case has been widely reported in the national press, although reporting restrictions apply in respect of child defendants and witnesses.

On a separate note:

Both Mr Fuad QC and Miss Karaiskos are Cypriots who come from each of the island’s communities. The trial was a classic example of the two working as a successful, cohesive and powerful team. 

Mr Fuad QC and Miss Karaiskos both of Church Court Chambers were instructed by Mr Joel Lamptey of Hanson Woods solicitors.

Church Court Chambers’ international human rights and criminal law barrister Michael Polak has been instructed to advise in the high-profile potential private prosecution of British national Police Officers working for the Hong Kong Police Force in regards to possible offences of torture contrary to s134 of the Criminal Justice Act which provides universal jurisdiction for this crime before the English courts.  Michael Polak has been instructed by top private prosecution solicitors Edmonds Marshall McMahon who are acting on behalf of human rights activist Luke de Pulford.

Press reports of this case include:

https://www.telegraph.co.uk/news/2020/08/10/activists-plan-bring-private-prosecution-against-uk-expat-police/

https://www.thetimes.co.uk/article/british-officers-accused-of-torturing-hong-kong-protesters-vjfknsjvn

https://www.thetimes.co.uk/article/british-officers-accused-of-torturing-hong-kong-protesters-vjfknsjvn

Michael Polak can be instructed for both international and domestic human rights and criminal cases by contacting Church Court Chambers’ clerking team.  

Church Court Chambers are delighted to announce its second webinar of the summer, following on from the hugely successful “Jury really want to hurt me” our next webinar called “Having the Grime of their Lives: What’s the Matter with Modern Music and Why It Matters in Criminal Law” is via zoom at 4.30pm on Wednesday 5^th August.

Please email webinar@churchcourtchambers.co.uk to book your place.

On Friday 29 May 2020 Michael Polak spoke as part of a panel of experts on ‘Huawei’s Role in Mass Surveillance & Repression Against Uyghurs’. This panel discussed the technology used for the mass repression of the Uyghur and other Turkic people in Xinjiang Autonomous Uyghur Region and the legal background in regards to involvement by technology companies in providing and operating such technology. The other members of the panel were Rahima Mahmut, World Uyghur Congress’s London Director and a prominent Uyghur artist, and Dr Aris Georgopoulos, Assistant Professor in European and Public Law at the School of Law of the University of Nottingham and Head of the Research Unit for Strategic and Defence Procurement of the Public Procurement Research Group (PPRG). The recording of this event has been viewed more than 1600 times. 

Michael Polak can be instructed for cases involving human rights and international law for individuals or organisations by contacting the clerks room by email or phone +44 020 7936 3637

Church Court Chambers has currently suspended its Pupillage Application Process due to COVID-19.

All recently submitted applications remain valid and candidates will be notified shortly as to whether or not they have been shortlisted for a first round interview.

Those interviews will be arranged when safe to do so for our Members and applicants.

We thank all applicants for their understanding.

In response to the coronavirus crisis and the numerous reports of frontline NHS staff being unable to find groceries after long and gruelling shifts Michael Polak established Fuel Our Frontline. Fuel Our Frontline (www.fuelourfrontline.co.uk) buys groceries from restaurant wholesalers and delivers them to hospitals where they are distributed to frontline staff. This means that they can return home after their shift with food for themselves and their families.

The Fuel Our Frontline team assembled by Michael is made up of people of a range of backgrounds including NHS staff. This team, which is working entirely voluntarily,  has come together to address this problem and their work an immediate impact in supporting those on the frontline fighting the virus. 

For further information please see the website www.fuelourfrontline.co.uk; email contact@justiceabroad.co.uk; 

https:/twitter.com/fuelfrontline; Instagram.com/fuelourfrontline

If you would like to donate to this initiative please do so here 

https://www.gofundme.com/f/fuel-our-frontline

With the current outbreak of COVID-19, Church Court Chambers has taken precautions and adopted a new plan to help run the business while ensuring the safety of its employees.

We will be operating 3 staff within chambers and 3 staff working remotely. This operation has been conducted so far for 3 weeks with success.

Church Court Chambers will be running at full capacity and this will have no effect on chambers capabilities.

This new procedure will be under constant review and will change relevant to the guidance of the Government and the Bar Council

MH was a senior manager at Great Western Railway and JP was his personal assistant. Over a seven-year period, they were both involved in fraudulently claiming expenses on alcohol from their employer, GWR, by dishonestly concealing the true nature of these expenses.

MH in particular, was responsible for claiming over £10,000 in expenses, including hotel accommodation for him and his wife (a non-employee of GWR), personal items such as dinner suits, social events at Exeter Chiefs Rugby Club, and also a fraudulently awarded payroll amount to another member of staff.

The case arose from a lengthy investigation which started in 2017 following internal complaints at GWR about the conduct of some of the staff.

Please see below for further news articles.

British Transport Police

BBC

Devon Live

Swindon Advertiser

With the kind permission of the ICCA, Lesley travelled to Gibraltar to facilitate training at a session organised by Patrick Canessa.

Yasin Patel is appearing before the top International Sports Court, the Court of Arbitration for Sports (CAS) in Lausanne, Switzerland.  Representing a professional sportsman appealing their ban after an alleged anti-doping rule violation, Yasin will appeal to a distinguished Tribunal to try and get the ban overturned.  

The case has drawn international attention and publicity and is being heard in open proceedings after both sided agreed to do so.  Numerous experts from around the world will be giving evidence during the proceedings. 

News Observer

Washington Post

A young man charged and tried with Conspiracy to Murder, who represented by Michael Mather-Lees QC and Yasin Patel, was found Not Guilty of the charge and a potential life sentence in prison.

In a case that the Prosecution alleged was an organised crime and with meticulous planning and detailed executing of the plan, the defendant faced a trial that included cell-site, forensic, weaponry and CCTV evidence that resulted in him being the number one defendant.  

A sentence just over 11 years was imposed upon the defendant after he pleaded to a lesser charge.

Michael Mather-Lees QC and Maria Karaiskos successfully prosecute DC at Birmingham Crown Court of Murder before the Recorder of Birmingham. This was a complex case involving an in-depth analysis, understanding and presentation of very technical medical issues. DC stabbed her husband with a 7-inch kitchen knife during a domestic argument when both parties were intoxicated. The knife penetrated the left shoulder area of the deceased and punctured the lung.

One of the key issues at trial was causation of death: was there medical negligence by the hospital; did the deceased aspirate the contents of his stomach prior to being stabbed; did the defendant intend to cause serious injury to her husband when she stabbed him. The prosecution carefully examined over 6 medical experts, including leading cardiothoracic surgeons from London, and proved that there was no medical negligence in the treatment and care of the deceased; that the aspiration of the deceased’s gastric contents was caused by the stab wound and it was this stab wound which led to his fatal decline.

Reported in the national press.

BBC

Birmingham Live

ITV News

In 2017 the Competition & Markets Authority (“CMA”) found that Ping, a manufacturer of golf clubs, had infringed the prohibition in Chapter I of the Competition Act 1998 and Article 101 of the Treaty on the Functioning of the European Union. In that regard, Ping had entered into agreements with two UK based retailers containing clauses prohibiting those retailers from selling Ping golf clubs online.  Upon considering the same, the CMA found that Ping had been operating an online sales ban, which was not objectively justified. The CMA imposed a financial penalty of £1.45 million on Ping and directed that it brings the online sales ban to an end, and must not impose the same or equivalent terms on other retailers. Ping duly appealed to the Competition Appeal Tribunal (“CAT”). In a judgment dated 7 September 2018 ([2018] CAT 13) the CAT upheld the finding that the internet sale policy adopted by Ping amounted to a restriction of competition. The CAT however reduced the penalty imposed to £1.25 million. It should be noted that the CMA had accepted that Ping was pursuing a genuine commercial aim of promoting in-store custom fitting in respect to golf clubs, but found that it could have achieved this through less restrictive means.

On the 21^st January 2020, the Court of Appeal handed down Judgement in an appeal from the CAT by Ping (available here: https://www.bailii.org/ew/cases/EWCA/Civ/2020/13.html). The Court rejected Ping’s appeal, and provided a helpful analysis of the European Jurisprudence in this area, assessing competing arguments as to the implications and interpretation of previous case law. The case is being described as a “landmark case” which sends an important signal that attempts by manufacturers to impose absolute bans on selling their products online are unlawful. The maintenance of a prestigious image may, in some situations, justify the restriction of competition arising from the use of a selective distribution system, in particular in relation to luxury goods. Accordingly,  companies may be able to prevent those goods from being sold online by distributors. However, crucially, one must examine the economic and legal context of the operation of any such intended  restriction, before deciding whether it is an object restriction or not and thus permitted. 

As the Chancellor of the High Court observed at para 131 of the Judgement “There are many ways in which Ping’s objective can be substantially fulfilled without imposing a blanket ban on internet sales”. Thus, it appears that the ultimate question a company must ask itself is: “is there another way, other than a prohibition clause, in which we can achieve our objective”. That question should be asked and answered as a matter of urgency, or any restrictive commercial practice, even if arguably well intended, could lead to significant fines and lengthy litigation.

Lewis Power QC & Colin Witcher: Business Crime and Regulatory Group, Church Court Chambers. 

(this case comment does not constitute legal advice).

A full article will be given within the coming days.

Please see the various news articles below regarding the case:

Belfast Telegraph

BBC News

Sky News

The Sun

Pamela Brain secured the only acquittal by the jury in a Child Sexual Exploitation Case in Oxford. The case involved 4 defendants and multiple complainants. It was a complex case involving the expert and sensitive cross examination of complainants and other witnesses. Some of whom were particularly vulnerable witnesses with long standing problems.

There were a variety of challenging legal issues particularly in relation to Bad Character evidence. The trial lasted 3 months and Pamela Brain’s defendant was the only one to be acquitted by the jury.  

Pamela Brain was instructed by Irfan Arif of Ainsley Harris Solicitors.

Yasin Patel will be addressing an International Audience in Hamilton, New Zealand at an International Sports Law Conference.  Speaking on the subject of Disputes and Discipline: advising on contractual disputes with players, sponsors, governing bodies and players representatives, Yasin will speak about the importance of player and club contracts and the effect of contractual disputes and litigation.  

Attended by International sportsmen, lawyers, Judges, administrators, professionals, cricket test internationals and many others, the Conference will look at the many pressing issues in the World of Sports in the forthcoming 12 months. 

Lewis Power QC has been described by the Belfast International Homecoming Committee as “a World renowned barrister”. He was delighted to receive a Belfast Ambassador Award from Prof Raffi Folli.

Mr Power addressed the audience in a heartfelt, emotive speech which was well received at the award ceremony. Mr Power was one of the 3 keynote speakers alongside the newly appointed MP John Finucane Mayor of Belfast and the Welsh First Minister Mark Drakeford.

Please see the following schedule regarding the opening times for Church Court Chambers through the month of December and January.

December 23rd: Normal working day.

December 24th: 9am to 1pm.

December 25th: Closed.

December 26th: Closed.

December 27th: Open 9am to 1pm.

December 30th: Open 9am to 1pm.

December 31st: Open 9am to 1pm.

January 1st: Closed.

January 2nd: Normal working day.

On the 4th December 2019, Church Court Chambers’ Michael Polak was elected as President of the Middle Temple Young Barristers’ Association (MTYBA) after serving in a number of roles within the organisation. MTYBA represents barristers of Middle Temple up until 7 years post qualification and arranges professional and educational development events as well as opportunities for members to socialise with their peers and to access opportunities to build relationships with solicitors groups and international groups of lawyers.

Michael Polak stated ‘ I look forward to leading MTYBA in 2020 and building upon the great initiatives put in place by the previous committees. I aim to build lasting relationships with other legal representative groups in the United Kingdom and abroad and to run events which enrich the professional lives of our members, bringing them into contact with inspirational people and helping them to develop important skills to enhance their careers. MTYBA gratefully enjoys the strong support of Middle Temple which has a firm belief in the support and development of young barristers which attracts student members to join the Inn.  I invite our members, and members of groups with whom we might collaborate, to get in touch so that we can do everything possible to make the lives of young barristers at Middle Temple as fruitful as possible.’

Glenn Harris represented a woman, a foreign national, who was charged with importing approximately £21 million of high purity cocaine and methyl-amphetamine. She was arrested following a National Crime Agency operation.

The defendant denied knowing that the contents of an industrial machine she imported contained the drugs. After a 3 week trial, a jury at Kingston Crown Court acquitted the defendant within 2 hours.

A note from Islam Khan; new changes in the “Practice Statement” now give all tribunal caseworkers, working in tribunal cases, a larger proportion of administrative powers rather than the judges.

To read the full Practice Statement from The Rt. Hon. Sir Ernest Ryder, please follow the link below

Practice Statement IAC

Colin Witcher, instructed by Lawtons Solictors, appeared successfully before the Court of Appeal in respect to an appeal against sentence. The defendant, a former accounts’ manager had been sentenced for theft following a late change of plea, having previously faced a fraud trial. Colin succesfully argued that the sentence imposed was manifestly excessive; the Court reduced the starting point adopted by the sentencing judge by 12 months. Colin was commended for the quality of his written work and his brevity in oral submissions before the Court.

That appeal followed a successful unrelated appeal against conviction. Colin was instructed on behalf of the Appellant in a case where it was discovered, by fresh evidence, that the drugs within his possession were a legal mix of caffeine and paracetamol, and not heroin as thought by the Appellant who was by his own admission a runner. The case highlights the potential dangers of relying upon field testing by the police when advising clients. To that end, it transpires that if legal drugs have been wrapped in clingfilm which has previously been into contact with an illegal substance, a false positive reading may result at the field test stage irrespective of the contents of the wrap.

The Court of Appeal were minded in all the circumstances to substitute the offence of possession with intent to supply for an attempted act of supply. Thereafter the Court were persuaded by submissions described as “admirably concise” and “made with force” to revisit the sentence. The Court were minded to go further than to simply make a deduction to reflect an attempt, but to revisit the corrrect sentence for the appellant based on role in the light of the fresh evidence. Colin was instructed by Bennett and Co, Solicitors.

Colin Witcher is a member of Chambers’ Criminal Appeal Group.

Kerim Fuad QC, head of Church Court chambers, leads Paul Webb of chambers in the representation of a man who is alleged to have broken into a Waterside house in Bosham, West Sussex late at night in December 2013 with a claw hammer. He is alleged to have used the hammer to attack and kill a grandmother who was house sitting. The injuries in particular to her head are described as “extreme and akin to those seen in a road traffic accident.”

He then fled to Dej, Romania from where he was extradited under a European Arrest Warrant 6 years later. 

The case led to the most extensive police investigation in Sussex history. 9,000 people were interviewed and over 3,000 DNA samples were taken in a police hunt for her killer.

The evidence is he confessed  to his ex partner and his dna was found on the bloodied hammer discarded at the scene.

They are instructed by Sef Mani of Bark and Co Solicitors.

Please see below for related news articles.

Telegraph

Times

Daily Mail

Mike Fullerton recovered substantial damages for the Claimants in an action of Nuisance including a 30% Diminution in Value of Claimants’ property at the Brighton County Court. The claim also recovered significant additional damages for Cost of Moving to an Equivalent Value Property, Personal Injury, Trespass and Aggravated Damages. The Part 36 Offer was successful in securing Indemnity Costs including an Additional Amount under Part 36.17(4)(d).

Applications by the Defendant for permission to appeal both the Assessment of Damages and Award of Indemnity Costs were dismissed by the High Court as being wholly without merit. The case is Faull v Bradley.

Islam Khan acted pro bono for a vulnerable employee in relation to a constructive dismissal claim against a large elderly care organisation in East London. The hearing was listed at the East London Employment Tribunal on 4.11.19. Other issues are whistle blowing and religious harassment.

The issue was whether the claimant had a real prospect of arguing effective resignation leading to constructive dismissal on the date she claimed, having had a number of inconsistencies, of her resignation date. 

Church Court Chambers’ criminal team grows stronger with the arrival of Elroy Claxton

Elroy has over 30 years’ experience of prosecuting and defending criminal cases and is highly regarded as an established criminal practitioner. He presently specialises in defending in serious criminal cases and does police tribunal work.

Liam represented H at trial at Basildon Crown Court in relation to the possession with intent to supply of import quality cocaine with a street value of circa £1 million.

Liam’s client had been under observation by the National Crime Agency (NCA) and was alleged to be part of an Organised Criminal Network (OCN) involved in the supply of large quantities of Class A drugs.

Mr H was observed handing over 5 kilos of cocaine by undercover officers from the NCA.  Upon arrest a further kilo of cocaine was found under the seat of H’s car in addition to another five kilos found at the defendant’s address along with cash and imitation firearms.

Liam successfully ran duress at trial, satisfying the evidential burden (unusually placed upon the defence in such cases) and persuaded the jury that the defendant had most likely been the victim of threats of unlawful violence and coercion.

H was acquitted.  His co-defendant, who had been receiving five kilos of cocaine from H at the time of arrest, was convicted by the unanimous verdict of the jury and received seven years imprisonment.

Liam was instructed by Shofna Begum of Stewart Begum Solicitors.  

Islam Khan secures acquittal of his client at a significant multi-handed fraud trial at Kingston Crown Court. The allegations against his client was fraud by false representation of an investigation that spanned over many years. One of the largest in Tower Hamlets, East London.

He was instructed by Miss Alphonna Begum of Aubrey Solicitors.

Continuing the chambers trend of representing vulnerable clients facing the gravest and most serious charges, Yasin Patel obtained acquittals for clients facing charges in arson and Section 18 cases.

In the first case, Yasin’s client was accused of attempting arson in a block of flats which could have led to Grenfell Tower like results.  Due to the Fire brigade’s quick response, a tragedy was avoided.  Yasin’s client was acquitted of all charges.

In the second case, a client who was charged with others on serious violence matters walked away from court whilst his co-defendants were sentenced to imprisonment. 

Church Court Chambers is delighted to announce that Amy Hazlewood has been offered tenancy with immediate effect.

She enjoyed a successful and busy pupillage with chambers culminating in her tenancy.

Kerim Fuad QC Head of Chambers says:

“Amy mixes hard work, passion for the law with with a down to earth, very approachable and friendly manner. She will have a fine career at the Bar.”

Kerim Fuad QC is proud to be advising Sir Stelios and his wonderful Philanthropic Foundation, on this occasion in Nicosia, Cyprus.

He was engaged in a series of meetings and think tanks with both communities in a bid to further the fantastic work of the Foundation. He enjoyed again meeting with and being impressed with the work of Elizabeth Spehar, Head of the United Nations Peacekeeping Force in Cyprus.

The aim is to maintain and inspire more bi-communal relationships and events culminating in lasting peace and prosperity for all Cypriots. Mr Fuad QC spoke passionately at the press conference about the need to “not allow politics to suffocate the island” and that its citizens have so very much in common that already unite them, not least; their ability to make friends and communicate naturally, their love of food, family life, wellbeing, the sun, and the desire for a settlement. (To say nothing of their shared poor driving.)

The reception at the Foundation was incredibly well attended which shows the depth of the two communities’ enthusiasm.

He is very proud to work so closely with Marios Eliades (of Eliades and Partners) and Peter Millett, former British High Commissioner of Cyprus. The work  

Mr Fuad QC was touched, but not surprised at all, by the incredibly warm welcome of all the Cypriot people.

Andrew Taylor will be appearing on the Jeremy Vine show at just after 1pm on Tuesday 10th January talking about the Gross Negligence Manslaughter case involving the speedboat driver who failed to attend his trial and is on the run.

If you wish to instruct Gregory Wedge please contact the Clerks Room, his full profile may be viewed here.

A city insurance broker, who was represented by Lewis Power QC, has had his s18 charge dismissed at Inner London Crown Court this week. The conflict in this case stemmed from sexual comments made to the Defendant’s daughter by a colleague and resulted in the Defendant lashing out when he thought that he was under attack. The Defendant managed to avoid a custodial sentence because of the result in this case receiving only a community penalty for other offence to which he had pleaded earlier after mitigation was submitted by Mr Power QC.

Press about the incident can be found here Daily Mail

On the 7^th April 2017 after a trial which lasted 5 days during which 2 complainants alleged extremely serious sexual misconduct against the defendant (a man aged 48 and of good character) the jury found the defendant not guilty of all counts on the indictment.

The trial required extremely able and sensitive cross examination of both complainants in a case that was fraught emotion because of the gravity of the case.

Pamela Brain was instructed by Paul Watson of Paul J Watson Solicitors. An award winning solicitor who has recently been honoured for his pro bono work by The Law Society.