Category: News

The Legal 500 UK 2015 Guide was published online today.  The Guide noted that

“1MCB … is a respected common law set, with niche specialisms in areas such as animal welfare and prison law. It is recommended for its ‘flexibility’ and ‘multi-talented barristers’. The clerks are also singled out as ‘very helpful and professional’. Mark Darvell is the senior civil clerk, and Adam Brosnan is the senior criminal clerk.”

Benjamin Hawkin was ranked as a leading junior in immigration law for his “specialist knowledge of a range of areas including asylum, deportation and entry clearance”.

David Stephenson was ranked as a leading junior in employment law: “A formidable opponent, a polished and persuasive advocate, and a tough negotiator who goes the extra mile for his clients”.

In Doris Enemuwe v Nursing and Midwifery Council [2015] EWHC 2081 (Admin), the High Court found that the initial disciplinary panel had been subject to a serious procedural irregularity, in that the Conduct and Competence Committee had been unduly influenced by the findings of a previous local investigation by the Supervisor of Midwives.  Mr Justice Holman accordingly quashed the Committee’s finding that Ms Enemuwe’s fitness to practise was impaired, as well as the sanction of a twelve month caution order.

Ms Enemuwe was represented by Jacqueline Lule, instructed under the Direct Public Access Scheme.

John Benson QC, instructed by Hill Dickinson, successfully defended one of two former senior firefighters on charges of false imprisonment and indecent assault.  This was an unusual and challenging case requiring a familiarity with the organisation and culture of the Fire Service in the late 80s and early 90s.  Trials involving charges of false imprisonment are rarely before the Crown Court and the issues of consent and indecency in what was alleged to have gone further than rough and undisciplined horseplay made for an interesting legal and factual case.

The trial was widely reported by the media, including the BBC, The Telegraph and The Mirror.

Iain Edwards recently spoke at a conference in Dakar, Senegal organised by the West Africa Regional Office of the UN Office of the High Commissioner for Human Rights. This capacity building initiative is being undertaken in advance of the trial of Hissein Habré, the former President of Chad, and others for crimes against humanity, war crimes and torture before the Extraordinary African Chambers in Senegal. Iain spoke about the role and challenges of the defence before international criminal tribunals.

Tanya Murshed and Alex Chakmakjian have recently returned from Uganda, where they have been representing prisoners in their appeals against conviction and sentence in the Supreme Court.

Working in partnership with the Uganda Law Society, Tanya and Alex were granted Special Practising Certificates by the Law Council of Uganda, which authorised them to appear before the Supreme Court. They represented two brothers who are challenging their convictions for murder and sentences of death.

As a result of their legal arguments, heard on 28th May 2015, the Supreme Court accepted that the Court of Appeal had failed to properly consider the appeal against sentence. The case was ordered to first go back to the Court of Appeal to be reconsidered before dealing with the appeal against conviction in the Supreme Court, expected to take place later this year.

Over the last two weeks, Tanya, Alex and Jacqueline Lule have been assisting and advising legal representatives based in Uganda on other appeals in the Supreme Court. They also worked on progressing the cases of prisoners still waiting to be re-sentenced after the Supreme Court struck down automatic death sentences as unconstitutional in 2009 (Kigula & 416 Ors v Attorney General of Uganda).

Jose Olivares-Chandler recently defended in a multi-handed trial involving a seventeen count indictment alleging the sex trafficking of Nigerian women into the UK and the controlling their prostitution once they had arrived into this country.  Prior to their travel in the United Kingdom, they were alleged to have gone through juju black magic rituals in which they were scarred with razor blades, had samples of their hair cut, and forced to bathe in worm-infested liquid and eat the heart of a recently-killed animal, all with the aim of threatening them and their families with madness and/or death at the hands of the juju spirit if they ever ran away or reported their captors to the authorities.

Following a four week trial, the jury returned unanimous verdicts of not guilty on all counts on the same day that they started their deliberations.

1MCB is pleased to announce that it will again be participating in the London Legal Walk, raising much needed funds for legal charities across the capital.  Chambers’ participation in last year’s event raised a total of £751.25.

If you would like to sponsor the team, you can do so via Virgin Money Giving.

Ranjeet Dulay this week commenced a highly topical trial, involving allegations of electoral fraud.

Five defendants stand accused of having registered for postal votes in a ward in which they did not in fact live, with a view to ensuring the election of Liberal Democrat candidate Mohammed Bashir, the second defendant’s brother.  In the event, Mr Bashir was elected to Woking Borough Council by just sixteen votes.

The trial, which is taking place at Reading Crown Court, continues.  Further detail about the case can be found here.

A specially constituted five judge Court of Appeal today gave judgment in R v Hunter and Others, clarifying the scope of good character directions, which have become the subject of a significant volume of the applications made to the Court.

The panel, which included the Lord Chief Justice and both the President and Vice-President of the Queen’s Bench Division, conducted a comprehensive review of the authorities in this area, and considered the impact on defendants of good character (or ‘effective’ good character) of the codification within the Criminal Justice Act 2003 of the law on the admissibility of evidence of bad character.  In particular, the Court found that, in cases where a defendant has no previous convictions but has admitted reprehensible conduct, the nature of the trial judge’s discretion to give an ‘effective’ good character direction has changed: it is now “open textured”, not (as the House of Lords had found in R v Aziz [1996] AC 41) “narrowly circumscribed”.

Gwawr Thomas acted as junior counsel for one of the five appellants, having secured leave to appeal out of time.

The judgment can be read here.

1MCB’s Actions Against the Police Team, working in partnership with the Legal Advice Centre at Queen Mary University London, McMillan Williams Solicitors and LawWorks, has launched an innovative new telephone helpline providing free advice to victims of police misconduct.  Police Action Legal Line (PALL) offers advice in relation to the full spectrum of claims against the police, including those arising from wrongful arrest, assault, unlawful searches and discrimination.

The helpline can be reached on 020 7452 8902. The line is open on Wednesday evenings, between 6 and 8pm. However, a voicemail system is in operation at other times: calls will be returned at the next session.

Follow PALL on Twitter @PoliceActionLL

Dangerous Dogs Act specialist Pamela Rose has been invited to speak at Government Knowledge’s policy briefing, ‘A New Strategy to Tackle Dangerous Dogs: Assessing the Reforms to the Dangerous Dogs Act’.  Alongside other leading experts in the field of dangerous dogs law, Pamela will participate in a panel session analysing the new legislative powers available to the police and local authorities.

The event will take place on 12th May 2015.  A full programme for the briefing can be viewed here, whilst tickets can be purchased here.

1MCB is pleased to welcome two new tenants.

Cynthia McFarlane is an experienced barrister of twelve years call, with an established practice that spans crime, family and civil.  She is also an accredited mediator in all areas of law.

Rayan Imam has joined Chambers following the successful completion of her pupillage, during which she proved herself to be a skilful barrister and rapidly established her popularity with our solicitors.