Category: News

Ben Hawkin was pleased to accept an invitation to speak at an event to mark the launch of Project 17, a charity which works to reduce destitution amongst migrant children by improving access to information about entitlement to local authority support under section 17 of the Children Act 1989, and by ensuring that local authorities comply with their duties to safeguard the welfare of all children in need, regardless of their parents’ immigration status.

Ben, who acted for the Appellant in the seminal case of ZH (Tanzania), outlined the history of children’s rights in the United Kingdom and explained, to much applause, why the work of organisations such as Project 17 is more crucial than ever in the current political and economic climate.

Gwawr Thomas is one of Project 17’s founding trustees.

Read more about Project 17’s work here.

The trial of four defendants accused of killing the former Prime Minister of Lebanon, Rafiq Hariri, and 21 other persons, in the context of a conspiracy to commit acts of terrorism in Beirut, opens today in The Hague. Iain Edwards has been assigned as counsel to represent the interests of Mustafa Badreddine, alleged to be the ringleader of the conspiracy. He is one of only 15 international defence counsel representing the alleged co-conspirators. The trial is likely to last for more than a year.

Tanya Murshed has returned after eight months in Uganda working as Project Director for the Centre for Capital Punishment Studies (CCPS).

During her time in Uganda, Tanya assisted numerous individuals convicted of capital offences at the Kampala High Court. Most notably, she assisted condemned inmates who benefited from the case of Attorney General v Susan Kigula and 417 others which abolished the mandatory death sentence, helping them go back for re-sentencing at the High Court. Tanya provided extensive training on the principles of mitigation and sentencing to lawyers and law students from Makerere University who were responsible for collecting mitigating evidence on behalf of the Kigula beneficiaries. Tanya also worked closely with the Judiciary; The Uganda Law Society; Ministry of Gender, Labour and Development; Justice Centres Uganda and The Uganda Prison Service providing technical and logistical support in preparation for the special sentencing session that began on 18th November 2013.

In preparation for this session, Tanya pioneered a pilot scheme of pre-sentence reports and mental health assessments for all inmates falling to be re-sentenced. Working in conjunction with the Uganda Law Society, she obtained funding for this from the Democratic Governance Facility, a multi donor organisation created by Austria, Denmark, Ireland, the Netherlands, Norway, Sweden, the UK and the Delegation of the European Union in Uganda.

Tanya also acted as Amicus Curiae with leading counsel Declan O’ Callaghan of Landmark Chambers, providing written representations on the legal issues affecting the sentencing of Kigula beneficiaries. Out of 140 individuals resentenced, only 9 had their death sentences maintained. The remaining 131 inmates were either released, given fixed term sentences or imprisonment for life.

Tanya will continue to work as Director of the Project and is currently working with the Ugandan Judiciary to introduce various changes into the criminal justice system.

Tanya was nominated for the 2013 Sydney Elland Goldsmith Bar Pro Bono Award for her work with CCPS.

Two minutes silence was held at 1MCB on Friday 6th December to reflect upon the life of Nelson Mandela.

Nelson Mandela was a door tenant of our chambers during his years of imprisonment, having accepted an invitation from our former Head of Chambers Len Woodley QC.  He was an inspiration to all who cared about justice. As President of South Africa he inaugurated the Constitutional Court which remains a most enlightened upholder of human rights. Many of us in these chambers campaigned for his release, and our present Head of Chambers Lord Gifford QC was an observer at the 1994 democratic election when he became President. We therefore have special reasons to mourn his passing and to celebrate his exemplary life.

1MCB is proud to announce that Jemma Levinson and Paras Gorasia have been recognised in Chambers and Partners 2014 as leading juniors in the fields of crime and employment, respectively.

1MCB’s experienced and expanding Family Team is delighted to welcome Patricia Farnon. Patricia has a wealth of family law experience, in particular in the area of complex care cases with mulitple parties; cases with an international aspect (such as complex immigration issues); and cases involving child abuse or serious neglect.

We are delighted that two members, Tanya Murshed and Siobhán Lloyd, have been nominated for this year’s Bar Pro Bono Unit awards. Their dedication and commitment is evidenced in the letters of support that they have received in support of their nominations.  Winners will be announced at the Bar Council’s Annual Conference on 2nd November: we wish both of them all the very best.

A jury at the Old Bailey rejected the Crown’s allegation that the defendant was in possession of a firearm, following a theft at a Tesco Express.  Two complainants both claimed that the defendant pointed a handgun at them and threatened to shoot as they tried to stop his escape.  The defendant accepted stealing a small quantity of items but denied he had ever produced a firearm.

The trial turned on cross-examination as to the reliability of the witnesses and whether they had exaggerated.  Counsel secured substantial disclosure shortly prior to trial that revealed that the witnesses had made errors during the identification process and had behaved inconsistently, waiting nearly 40 minutes before calling police to make their allegations.  It was also calculated that the items allegedly stolen included nearly three stones’ worth of Kitkats.

The jury acquitted the defendant in under half an hour.

Head of Chambers, Lord Gifford QC, appeared as lead counsel before the Caribbean Court of Justice (CCJ) in an application filed by Maurice Tomlinson against the Governments of Trinidad and Tobago and Belize.  Mr Tomlinson is a prominent Jamaican gay activist and attorney, working as Legal Advisor to AIDS-Free World in the Caribbean region.  The Immigration Acts of Trinidad and Tobago and Belize both include “homosexuals” as a class of prohibited immigrant: Mr Tomlinson has been invited to attend seminars and conferences in both countries but is unable to accept because of these laws.

The Treaty binding the Caribbean Community (CARICOM) commits each member state to the goal of free movement within the Community, with a specific right accorded to university graduates.  The CCJ has jurisdiction to determine disputes under the Treaty; an individual may apply to the CCJ if his or her government will not take up the case.  Mr Tomlinson has therefore applied to the CCJ for redress for the violation of his right to freedom of movement, as the Government of Jamaica has refused to act on his behalf.

At a recent preliminary hearing, held through a video link, the Court gave directions for a full hearing of the application for special leave to commence proceedings as an individual, to take place in November 2013.  It is hoped that the action can lead to the repeal of these discriminatory laws.

On 3rd July 2013, Jackie Bond successfully represented four members of the same family in a judicial review of the decision of the Identity and Passport Service to seize British passports belonging to three members of the family, and to refuse to issue a passport to the fourth member of the family. The decision was quashed and remitted to the Secretary of State for the Home Department.  The full text of the Judgment is available here.

Jemma Levinson‘s client was unanimously acquitted following a ten week trial at Oxford Crown Court, which concerned the alleged sexual abuse and grooming of a young complainant.

Read press coverage of the case here.

The European Court of Human Rights today held in the case of Vinter & Others v United Kingdom that whole life tariffs, without scope for review, breach Article 3 ECHR.  Gwawr Thomas was invited to appear on today’s edition of Taro’r Post, a Welsh language current affairs programme broadcast on BBC Radio Cymru, to comment on the implications of the judgment and to debate whether ‘life ought to mean life’.